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P.Padmanaabhan (advocate)     11 February 2012

"acquired" as against "inherited"

dear friends, S.15 of Hindu Sucssesion act 1956 provides for succession in the case of a Hindu woman dying inte state. subs ection 1 provides for general rule. under sub section (2) there r two sub clauses in which  thr exception to the rule in Sub section (1() is provided for teh devolusiton/successionof the proeprty of the Hindu woman "inherited" " from the sources of her father and the husbanad are rovided for d. Thus prooperty "acquired " from the same sources will not fall under either category. For instance the father may have given her a gift settlment of hosue. this will not devolve undre section (1) bu will be succeded as per the rule in sub clasuew 1 of sub section (2) . Similarly under sub clause 2 too the proeprty acquired by Hidnu woamn form her hsuabdn say by way of sale will not be covered.

Now what if a husband gives by settlement of their dwelling house  to his wife by a document registered during  his life time itsefl.  .  is it avquired d by her or inherited by her from her hsuband? She is issueless and lives . what is the rule to be followed after her dsmsie inte state ?  

P.Padmanaabhan

advocate at 03;28 AM IST on 11 th feb 2012



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