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Munna Banarasi   20 September 2020

wayforward

the query.
what happens to property or bank accounts, if a hindu woman expires without a will and her husband is missing.


Learning

 1 Replies

Subhasri Chatterjee   23 September 2020

If a Hindu female dies without a will, the property including deposits of the bank account will devolve as per the provisions of the Hindu Succession Act, 1956 in the following order:

Firstly, the property shall devolve upon the sons and daughters (including the children of any predeceased son or daughter) and the husband. If the husband is missing for 7 years, a presumption arises that the person is dead and upon an appropriate proceeding, the court can declare the same.

Secondly, the property and other belongings of the woman dying intestate shall devolve upon the heirs of the husband. In the absence of the heirs of the husband, the property and other belongings goes to the mother and father of the deceased woman. In the absence of the said father and mother, the property and other belongings shall devolve upon the heirs of the father and in their absence, it shall devolve upon the heirs of the mother.

 

Where a Hindu female dies intestate without having any children or any predeceased children, any property including all other belongings acquired by inheritance from her own parents shall revert back to her natural parents family and the husband, if any or his heirs shall not have any right over the same.

 

Where a Hindu female dies intestate without having any children or any predeceased children, any property including all other belongings acquired by inheritance from her husband or her father-in-law shall devolve upon the heirs of her husband.


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