Female Succession Hindu succession act covers intestate succession in case of females under following two main sections: Section 15 :- General rules of succession in the case of female Hindus. Section 16 :- Order of succession and manner of distribution among heirs of a female Hindu
property of a Hindu female For succession, the property of a Hindu female is concerned about the following three heads: Property obtained from any other sources ( Section 15(1) ) Property inherited by the female from her father or the mother. ( Section 15(2)(a) ) Property inherited from her husband or father-in-law by the female( Section 15(2)(b) ). #Section 15(2)a and b only applicable when female doesn’t have any children.
General Property (Section 15(1)) This section includes all those properties other than which were inherited by a Hindu female from her parents, husband or father-in-law. That means a property received by the Hindu female from her husband, parents or father-in-law received through any other way like a gift, will, settlement, prescription, a transfer for consideration i.e purchase will be covered under Section 15(1) . The property which has been gifted to the Hindu female even from her father will not be equal to inherited property ( Meyappa v. Kannappa AIR 1976 Mad. 184)
order of succession The order of succession as per Section 15(1): Sons and daughters (including the children of any pre-deceased son or daughter) and the husband Heirs of the husband Mother and father Heirs of the father Heirs of the mother Note: The heirs mentioned are divided into five different categories by the name of ‘entries’, as long as a single heir is present in the earlier entry till then the property will not go to the next entry as per Section 16.
Section 15(2): In the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter): Section 15(2)(a) : Any property inherited by a female Hindu from her father or mother shall devolve upon the father’s heirs. Section 15(2)(b): Any property inherited by a female Hindu from her husband or from her father-in-law shall devolve upon the heirs of the husband. The purpose of Section 15(2) is to ensure that the property left by a Hindu female does not lose the real source from which the deceased female had inherited the property.
Escheat land Section 29: Failure of heirs : The property devolves to the Government. State of Punjab v. Balwant Singh AIR 1991 SC 2301 It has been held that where the ‘heirs of husband’ are not present and a female Hindu dies issueless, leaving behind property ‘inherited by husband/father-in-law’, the property would be treated as the general property and devolve as per Section 15(1) if any of heirs is present. In other words, this would not be treated as a case of ‘failure of heirs’ and the property would not go to the government under the application of the doctrine of escheat.
Valid grounds for disqualification : Murderer disqualified(Section 25) Disqualification of the converted descendants(Section 26) No disqualification for disease and deformity Section28 under The Hindu Succession Act, 1956 states that there would be no disqualification for any disease and deformity.