Hindu Succession Act,1956

Act No : 30

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Section : General rules of succession in the case of female Hindus

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.

(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.

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Comments

Prakash Yedhula wrote on 02 May 2009

Clause (a) of the sub s. (1) does not include the widow of a predeceased son and the husband of a predeceased daughter in the category of heirs. On the death of a female intestate, the daughter of the predeceased son is given the preference over the sister of her husband.-Mohindero v. Kartar Singh AIR 1991 SC 257.

Prakash Yedhula wrote on 02 May 2009

Within the expression " son and daughter" there is no inclusion of step-son and step daughter.-Visalakshi v. Chelliah Pillai 1988 (2) MLJ 511

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