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19. Chapter IV of the Act provide for Acceptance of inheritance, which shall be unconditional and it prescribe that the acceptance or renunciation of an inheritance is entirely voluntary and free act, with a clarification that a person who renounces inheritance which devolves on him by one title is not, for that reason, debarred from accepting inheritance, which devolves on him by another title. However, Section 24 of the Act declare that it is not lawful for a Arati/ Rajeshree/ Ashish 16/119 WP 81-25.doc person to accept or renounce an inheritance in part, or for a certain time limit or conditionally. Section 45 included in Chapter V has set out the liabilities of inheritance and Section 46 prescribe that the creditors of the inheritance and the legatees have priority over the personal creditors of the heir and the creditors of the inheritance.

Section 52 Of the Parent Act, as it As amended by the After substitution by originally stood Amendment Act of 2022 Amendment Act of 2023 Sub-section (1) Sub-section (1) Sub-section (1) Arati/ Rajeshree/ Ashish 21/119 WP 81-25.doc (1) The legal succession (1) The legal succession (1) The legal succession shall devolve in the shall devolve in the shall devolve in the following order:- following order :- following order :-

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother."

100. Nothwithstanding the above, subsection (2) of Section 15 has carved out a distinction between the property inherited by a female Hindu from her father when it shall devolve upon the heirs of her father in absence of any son or daughter of the deceased but when the property is inherited by her from her husband or her father in law then it shall devolve upon the heirs of the husband. 





Arati/ Rajeshree/ Ashish





                                         89/119                       WP 81-25.doc

103. We have also perused the scheme contemplated under the Indian Succession Act 1925, which govern the intestate and testamentary succession of the deceased who is not Hindu, Mohammedan, Buddhist, Sikh or Jain and even it has conferred the right on the widow, in priority over the kindred or consanguinity. As per Section 32, the property of an intestate devolves upon the wife or husband, or upon those who are the kindred of the deceased, in the order and according to the Rules set out in Chapter II. Section 33 is the provision prescribed in a manner in which the property would devolve when the intestate has left the widow and the said provision reads thus:-