Law od suceesion
gaurav
(Querist) 06 October 2010
This query is : Resolved
As per law
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 the order specified therein, but upon the heirs of the father
So if A any female died with having insurance policy on her name and whose date of commencement is before marriage when she with her parents and now no son or daughter or husband of that female survived? Does that insurance policy will be considered as a property from parental side?
Then what will be order of succession who will be claimant ?will they heirs of husband or wife?
Y V Vishweshwar Rao
(Expert) 06 October 2010
Insurance Policy may be taken before marriage while she was in Parents House - but how many installments were paid by parents and after marriage by her husband .
J K Agrawal
(Expert) 07 October 2010
Dear Sir
It does not make any difference that installments were paid prior to marriage or after that. (because exception mention under section s 15(2) applicable only in case of property INHERITED and not in case of self acquired.)
Here it is to be noted the even if the father of her was paying installments, it is as good as gift and she was absolute owner of policy as per section 14 of the act.
Property will go to heir of her husband.
