SEC-15 AND 16 OF HINDU SUCCESSION ACT 1956

SUCCESSION OF FEMALE HINDU DYING

INTESTATE
INTRODUCTION

 POSITION BEFORE 1956

 POSITION OF FEMALE UNDER 1956

 STRIDHAN

 DEVOLUTION OF PROPERTY

 SECTION-14

 SECTION-15

 SECTION-16
 Section 15 is first to enact on female succession
 Before 1956 stridhan was devolving according to
uncodified hindu law-mitakshara/dayabhaga/custom
 The two statutes that were enacted to improve her
conditions of life, viz, the Hindu Law of Inheritance
(Amendment) Act 1929, and the Hindu Women's Right
to Property Act 1937
 These statutes thus, dealt with succession to the
property of a Hindu male intestate and securing the
rights of the widow in case he died as an undivided
member of a Mitakshara coparcenary, having at the
time of his death, an interest in it
FEMALE INTESTATE SUCCESSION
 By virtue of the provisions of s.14 of the Act, all property,
whether movable or immovable, belonging to a female
Hindu is held by her as full owner and not as a limited
owner.
 The property may be acquired by her by way of inheritance,
partition, will, gift, on marriage, own efforts, purchase, etc
 Thus, a female Hindu has absolute power to deal with her
property and she can dispose off her property by way of a
will, gift, etc.
 Prior to s.14 coming into effect a female Hindu did not have
any power to dispose of her property by will. But now that
embargo has been removed by virtue of the statutory
provision.
SECTION 15
GENERAL RULES OF SUCCESSION(15-1)
 section15 applicable to the absolute property of a
female
 Devolve Acc.To Rules In Sec.16
 Firstly-sons,daughters(children Of Predecesed
Sons And Daughters),husband
 Secondly-upon the heirs of the husband
 Thirdly-upon the mother and father
 Fourthly-upon the heirs of the father
 Lastly-upon the heirs of the mother
SECTION 15(2)

a- any property inherited from her father or

mother shall devolve upon the heirs of the
father
(in absence of son/daughter of
predeceased)
b-any property inherited from her husband or
her father in law shall devolve upon the heirs
of the husband
 SON:biological,adopted,legitimate as well as
illegitimate but not step son and daughter
 All in equal proportion
 Child of first marriage and child of second
marriage = equal
 Validity & marital status irrelevant
 Children of predeceased son and daughter
=respective share(born out of valid marriage only)
 Widow of predeceased son not a primary heir
 husband:spouse of valid marriage
 Does not include divorced husband

 Deserted or judicial separation =entitled

 Immoral or convicted=entitled

 Husband of void and voidable =not entitled

 Mother and father=biological and adoptive
 If intestate is illegitimate =only mother entitled

 Mother and father =Equal share

 Does not include step father and step mother

SECTION 16 OF THE ACT PROVIDES THE MANNER OF
DISTRIBUTION OF A DECEASED FEMALE HINDU AMONG
HER HEIRS.
 Rule 1.-Among the heirs specified in sub-section (1) of section
15, those in one entry shall be preferred to those in
any succeeding entry, and those included in the same entry
shall take simultaneously
 Rule 2:
If any son or daughter of the intestate had pre-decease the
intestate leaving his or her own children alive at the time of the
intestate’s death, the children of such son or
daughter shall take between them the share which such son
or daughter would have taken if living at the intestate’s death
 Rule 3:
Rule 3.-The devolution of the property of the
intestate on the heirs referred to in clauses (b),
(d) and (e) of sub-section. (1) and in sub-section
(2) of section 15 shall be in the same order and
according to the same rules as would have
applied if the property had been the father’s or
the mother’s or the husband’s as the case may
be, and such person had died intestate in
respect thereof immediately after the intestate’s
death
EXAMPLES

 Husband ,2 sons and 1 daughter

 Husband ,son,daughter, two children of
predecesed daughterand illegitimate son
 Her Step son and her brother

 Brother and widow of another brother(property

inherited from mother)
 Daughter from 1st marriage & second
husband(property inherited from father)