Need clarification in hindu succession act section 15
senthil
(Querist) 12 April 2015
This query is : Resolved
Dear experts,
whether this hindu succession act section 15 (2) (1) (a) is still applicable when
- hindu female's husband alive but they don't have any children.
- hindu female was live with his husband up to her age of 60
In this situation who is the legal heir of her inherited property. whether her husband or her father's legal heirs.
15. General rules of succession in the case of female Hindus
(2) Notwithstanding anything contained in sub-section (1)-
(a) 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; and
Anirudh
(Expert) 12 April 2015
Yes, the above provision still exits in the Hindu Succession Act, 1956 and applicable in the fact situation given by you.
M/s. Y-not legal services
(Expert) 12 April 2015
as per your given statement there the deceased's husband alone avail..
then what is your problem?
Dr J C Vashista
(Expert) 13 April 2015
I agree with experts advise, the provision is still in vogue and applicable in the instant case.
T. Kalaiselvan, Advocate
(Expert) 16 April 2015
In the given situation, if the husband is alive then automatically the property will devolve upon him even there are no children born out of their wedlock. Please refer to section 15(1)(a) of the act, read and understand the provisions properly and then come with further queries on the issue.
