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mohit bhardwaj (lawyer)     23 August 2012

Hindu succession act 1956

according to section 15 of the hindu succession act 1956 if a hindu female dies intestate and issueless then her property revert back to father's heir's if the property inherited from father and devolve to husband's heir's if inherietd from husband or father-in-law .

my question is that what if a hindu female gets a property from her brother as inheritance?? either it revert back to father's heirs or according to sec 15(2)

plz refer case laws also



Learning

 5 Replies

sridhar pasumarthy (ADVOCATE)     23 August 2012

Dear Mohit,

If property is inherited by a female from her brother, Section 15 (1) of the Act applies upon her dying intestate.

Here is Section 15 (1) for your reference :

 

15. General Rules of succession in the case of female Hindus :- (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 mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

mohit bhardwaj (lawyer)     24 August 2012

hi sridhar ji,

you  r right but what if she dies intestate and without issue????????

sridhar pasumarthy (ADVOCATE)     24 August 2012

Dear Mohit,

In the absence of children or children of predeceased children, property of a woman inherited from her borther, will devolve upon her husband.

mohit bhardwaj (lawyer)     25 August 2012

sridhar ji,

brother's property source is father, then why not it revert back to father's heirs?

source of property is consederable or not in court????

rohit awasthi (student)     22 September 2012

does an oral agreement among the coparceners of an HUF has some legal value or not ? for instance a person called Mr. A has 3 sons & 2 daughters. he bought a land in d name of his wife Mrs. B. His 2 elder sons built a house on that land employing their personal incomes. now after 29 years, Mr. A , Mrs. B ,their 2 sons & 1 daughter are deceased. no one left any will. but when all of them were alive, there was an oral agreement between the 3 sons & 2 daughters that the 2 daughters will never claim their share & only the sons will have the right on their father's property to which the remianing 1 son & 1 daughter testify. A claim has been made by the widower of the deceased daughter on behalf of her legal heirs for the partition of the house and claiming 1/5th share. now does the oral agreement cancels out their cliam ????


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