Succession Of Property in case of female Hindus

Succession Of Property in case of female Hindus:

 By Advocate Ruchi Mahajani [Ratnagiri]

We can say that from the centuries, possession and ownership of Property has become the root cause of most of the disputes. Joint family concept is disappearing but the said concept is still alive when property comes into picture. Every woman is supposed to have some basic knowledge about what law applies to partition of property. Today let’s have knowledge about Hindu Law.

Let’s get some basic information about Hindu Succession Act 1956. The said act came into force on 17th June 1956 and it extends to the whole of India except the state of Jammu and Kashmir. The said act applies to any person who is not a Muslim, Christian, Parsi or Jew by religion. As per this act the Hindu women’s limited estate is abolished and any property possessed by a female Hindu, howsoever acquired, is now held by her as her absolute property and she has full power to deal with it or dispose it off by will as she likes.

The rules applicable for succession in case of female Hindus – Section 15 of the act speak about this rule. It says that

1) The Property of a female Hindu dying intestate[ie without will ] shall devolve according to the rule set out in section 16 as below

a) Firstly, upon the sons and daughters ( including the children of any predeceased son or daughter) and also the husband, 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.

2) Not withstanding anything contained in sub-section (1) – a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased ( including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in order specified therein, but upon the heirs of the father and

b) any property inherited by a female Hindu from her husband or from her Father – in law shall devolve , in the absence of any son or daughter of the deceased ( including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein , but upon the heirs of the husband.