C.Bhargava Sarma (Advocate) 29 January 2011
Sir,
An un-married women died. she was only the issue daughter to her parents. prier to her death her parents died. Her father side relatives i.e., her father brothers sons are alive. Her mother's sister is alive. Plz tell me whether her father brother's sons will have right over her property or her mother sister will have right over her property.
GUDAKESH KUMAR (LAW OFFICER) 29 January 2011
I am quoting Section 15 of the Hindu Succession Act in reply to your query with caveat that there is no will or other testamentary instrument left over by the deceased women.
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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 heirs of the father, and (d) fourthly, upon the heirs of the father, and (e) lastly, upon the heirs of the mother. (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 (b) any property inherited by a female Hindu from her husband or from her father-in-law 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 husband. |
adv. rajeev ( rajoo ) (practicing advocate) 29 January 2011
Gudakesh Kumar has explained sec: 15 very well.
C.Bhargava Sarma (Advocate) 29 January 2011
in my book the following is appearing
(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.
plz check so according to the above section the heirs of the mother will come into play if the heirs of father are not available what do you say sir.-
bhargava
KARTHIK (TRAINEE) 26 June 2011
Kindly do help me,
who will be legal heirs of a hindu married woman who has deceased and who has left two boy children and husband,(husband got remarried) and guide whether husband will be legal heir
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