Hindu Succession Act,1956

Act No : 30

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Section : Order of succession and manner of distribution among heirs of a female Hindu

16.Order of succession and manner of distribution among heirs of a female Hindu. The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate's property among those heirs shall take place, according to the following rules, namely:-

Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.

Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate's death.

Rule 3- The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father's or the mother's or the husband's as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death.

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Prakash Yedhula wrote on 02 May 2009

Where there was the pendency of the suit filed by a female Hindu against the family of her father for the partition of the family property but the female filling the suit died issueless, her husband was not granted permission to enter as her legal representative for the fact that the property devolved upon the father of the deceased under s. 15 (2) (a)- Raghuvar v. Jhaniki Prasad AIR 1981 MP 39

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