Hindu succession act
Querist :
Anonymous
(Querist) 06 April 2011
This query is : Resolved
My father expired intestate in June 2006 leaving behind a self acquired residential house in Chandigarh.His legal heirs at the time of his death were as following:-
1.Wife 25% Share
2.Son 25%Share
3.Son 25% Share
4.Mother 25%
My Grandmother expired intestate in July 2009,how will her 25% share devolve as per Hindu Succession act 1956:-
“The object of section 15(2) is to ensure that the property left by a Hindu female does not lose the real source from where the deceased female had inherited the property.’’
Which in this case are the Legal heirs of my father, 1\3 each to wife & two sons
Secondly as per Class I Legal heirs of my Grandmother
which in that case include her two Sons & a daughter in addition to legal heirs of the predeceased son,1/4 each
Kindly Clarify which will apply & Why with similar case judgments
A V Vishal
(Expert) 06 April 2011
S.15 is clear about the issue. In my opinion the property which devolved to the mother upon death of the son will be shared in the following manner:
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
(b) secondly, upon the heirs of the husband.
(c) thirdly, upon the heirs of the father, and
(d) fourthly, upon the heirs of the father, and
(e) lastly, upon the heirs of the mother.
