Family property

Property of deceased Hindu 1st. wife shall devolve upon her own children (i.e. two sons).  Illegitimate 4 daughters and 1 son cannot claim heirship as per Section 15 of the Hindu Succession Act. Also note the 1 son from 2nd. wife of your deceased father is step son and the 4 daughters from second wife of deceased father are also step daughters, hence they all are not included in the term ‘son’ or ‘daughter’ as per clear import of Section 15 (1) of the Hindu Succession Act and are not entitled to share in property.

@Querist,

Advice given to you is right.

Reason given to you is wrong.

@advisor,

Think why your argument does not hold water.

Thanks,

Regards,

Sumitra,
Helooooo,

I didnot get what is wrong in my reply? Is it not what SC said in "hard case" of (2009) 15 SCC Page 66 Omprakash and Others Vs. Radhacharan and Others which still receives much criticism as this Section of HSA in women cases needs much required gender balance?

"Section 15(1) says that if a Hindu woman dies without leaving a will, her property will devolve in the following order. The first in the order are her children, children of a predeceased child and her husband. If none of these persons is available, then it will go to the next in line: the heirs of the husband. Standing behind them will be the heirs of the father and the mother."

Here the query is about deceased first wife property, instead of quizzing me you could have explained why my reasoning is wrong so that I can correct myself then and there as I donot like fill in the blanks while standing at Bar.

Thanks.

@alarm raiser,

The fact is evident from the query itself that property was in the name of the first wife(Obviously it can be inferred now that it was a result of will or deed).Therefore,the said section 15(1) of HSA cannot be brought into action and there is no share of husband as the result of it. Had it been the husband share in the property,then only the said section would have come in play.Secondly, children from the second wife cannot be said illegitimate rather they come in half-blood relationship.

Hope I am cleared.

Thanks,

Regards,

Mr Sumitra,

May I diffuse as per PM !

1. I will back ld. Cookie here.

2. Step children to first wife cannot be included within the meaning of the words 'sons' & 'daughters' as used in the list of Class I heirs of her property as asked by her 2 sons' here.

3. In a case where property was inherited by a deceased first wife say from her parent(s) it shall not pass to her husband or to her husband’s heir (2 sons’).

4. Any property possessed by a female Hindu shall be held by her as full owner thereof and not as a limited owner (S. 14 HSA).

5. By the 2005 Amendment Act, four categories of heirs which were hitherto placed in Class II were elevated to Class I heirs namely
(i) Daughter’s son’s son,
(ii) Daughter’s daughter’s daughter;
(iii) Daughter’s son’s daughter; and
(iv) Son’s daughter’s daughter.

While adding these categories to Class I the corresponding entries in Class II were not deleted. Thus there is overlapping between Class I and Class II schedule (again this is not the case in hand).

I am offering myself to both of you as well to any others for self correction if any.

[I will not buy inferences as it is nobody's case in internet forums for that Chamber is right meeting of mind :-) ]