Sri Chand vs Raj Bala And Ors on 9 June, 2025
39. Section 15 of the Hindu Succession Act, 1956 propounds a definite and uniform
scheme of succession to the property of a female Hindu who dies intestate after
the commencement of the Act. The section groups the heirs of a female intestate
into five categories as Entries (a)-(e) and specified in sub-section (1). Sub-
section (1), however, is not a complete statement of the law. Two exceptions,
both of the same nature are engrafted by sub-section (2) on the otherwise
uniform order of succession prescribed by sub-section (1). Broadly stated, the
two exceptions are that if the female dies without leaving any issue, then (1) in
respect of property inherited by her from her father or mother, that property will
devolve not according to the order laid down in the five entries, but upon the
heirs of the father; and (2) in respect of property inherited by her from her
husband or father-in-law, it will devolve not according to the order laid down in
the five Entries but upon the heirs of the husband. The basis of inheritance of a
female Hindu's property who dies intestate would thus be the source from which
such female Hindu came into possession of property and the manner of
inheritance which would decide the manner of devolution. The basic aim of
Section 15 (2) of the Act is to ensure that inherited property of an issueless
female Hindu dying intestate goes back to its source.