Succession to the property of Hindu female

Succession to the property of Hindu female

The Hindu Succession Act, 1956 created a revolutionary modification within the law for feminine Hindu. For the primary time, a Hindu feminine got the prospect to become Associate in Nursing absolute owner of the property. She may inherit equally with a male counterpart and a window was additionally given importance relating to the succession of her husband’s property as additionally to her father’s property. The Hindu Succession (Amendment) Act, 2005 created the female offspring, like son, a coparcener in a very joint family. The modification was meant to make sure that ladies and men became equal heirs to ancestral property.

Though these measures have inspired some marginal variations in property possession, the situation remains for the most part unchanged as girls square measure nevertheless to claim their rights. as an example, a mother shares equally with the youngsters and widow once a son predeceased her. however once a married female offspring dies, the mother gets the rank once her husband’s heirs. this can be what the law was enacted in 1955-1956. Further, in India, a woman’s property rights vary betting on her faith, her legal status, the state she comes from and her social group identity. this implies there’s no single set of laws that govern the rights associated with Associate in Nursing Indian lady to property.

The twisted reality during which gender is positioned within the social, political, economic and cultural transactions shows the actual fact that law isn’t gender-based, however is usually not even gender-neutral. Gender neutrality won’t be enough if it simply maintains the present conditions that is nothing however the guarding of gender discrimination. girls want and should have confirmation of equality in society and below law. as an example, Section fifteen of the Hindu Succession Act that determines the order of succession within the case of a Hindu lady UN agency dies intestate ought to be amended for it reflects a non-moving  system of oppression of ladies.

The Hindu Succession Act 1956 deals with the succession to the property of a Hindu feminine intestate. Pre 1956, there have been varied rules below the uncodified Hindu laws. Section fifteen Associate in Nursingd Section sixteen of Hindu Succession Act applies to absolutely the property of a feminine ‘including an stake in a very Mitakshara coparcenary property during which a feminine was a coparcener’ (2005 modification to the Act). solely the property which might be familial and over that a girl had full powers of disposal are going to be subject to the appliance of those sections. Thus, the theme of succession doesn’t apply to any property command by a Hindu lady within the sort of a restricted owner in step with Section 14(2) or to that the Act doesn’t apply.

The order of succession to the property – the full of it being become independent from a Hindu feminine, dying while not creating a can isn’t constant as just in case of a Hindu male. The Hindu Succession Act, 1956 agrees with the recent Hindu law of succession in the maximum amount as that there’s a distinction between succession to a male which of a feminine. All different major succession laws in India lays down a regular theme for all intestates. the explanation for not providing a regular theme below Hindu law is joined closely to the stress on the spoken language and protection of the property within the family of a male Hindu. a girl below the paternal arrangement is formed to believe as having no permanent family of her own. In distinction, there’s no visible modification within the husband’s family once it involves his wedding or marriage ceremony.

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Whilst the Hindu lady’s restricted estate has been abolished and as long because the woman is alive she is going to be having absolute power and right over every type of property. however still while not creating a can, the succession of the ‘source of property’ remains material and below perplexity. For succession, the property of a Hindu feminine thinks about worries is bothered} about the subsequent 3 heads:

  1. Property familial by the feminine from her father or the mother.
  2. Property familial from her husband or begetter by the feminine.
  3. Property obtained from the other sources like by inheritance or otherwise.

It may be noted that if the feminine has her kids then the primary 2 heads wouldn’t be operating.

Section fifteen talks regarding the succession of the property in respect with the Hindu feminine dying while not creating a can once the initiation of the Act. in step with Section sixteen, the property of a feminine Hindu shall be tight as per the principles explicit  during this section. Section fifteen and sixteen of the Act square measure close in their operation and don’t govern the succession of the property involved with the Hindu feminine whose death happened before the Act came into existence.

General Property (Section 15(1))

This section includes all those properties apart from that were genetic by a Hindu feminine from her oldsters, husband or male parent. which means a property received by the Hindu feminine from her husband, oldsters or male parent not be in approach of inheritance however instead ought to be received through the other approach sort of a gift, will, settlement, prescription, a transfer for thought i.e purchase are going to be coated underneath Section 15(1). The property that has been precocious to the Hindu feminine even from her father won’t be capable genetic property, therefore Section 15(2) rather than Section 15(1) are going to be applied here as control within the case Meyappa v. Kannappa AIR 1976 Mad. 184.

Self-acquisitions square measure more coated underneath Section 15(1) that square measure created by a feminine. A feminine has the proper to receive property from the other supply as well as a property genetic from the other relation within the family, like property genetic from her brother within the capability of his sister or her husband’s brother as his brother’s widow. This property would be thought-about as her ‘general property’ that has been coated in Section 15(1). The heirs mentioned square measure divided into 5 totally different classes by the name of ‘entries’, as long as one heir is gift within the earlier entry until then the property won’t visit successive entry as per Section sixteen. The property are going to be confiscate by the govt. by escheat if there are not any heirs in any of the 5 entries mentioned.

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Entry (a)- sons and daughters, sons and female offsprings of a predeceased son or daughter i.e.. grandchildren, and therefore the husband

These heirs shall succeed at the same time by sharing equally to the exclusion of different heirs as per Section sixteen. However, the kids of a predeceased son/daughter won’t be taking per capita with the son or female offspring or husband of the intestate however are going to be taken between them the share that their father or mother would have taken if were alive at the time of the death of the intestate i.e. they’ll take per stripe. In different words, such youngsters can divide the share falling underneath the share of their predeceased father or mother.

In a case, a Hindu girl A dies, let go a son S1 and a grandchild D from her second son S2. S2 married W2 and later ought to discover that his consent had been obtained by fraud. S2 filed a petition in court for getting a decree of nonexistence. D formed before the invention of fraud by S2. the wedding was declared null and void. S2 died and D was noted by her grannie A. currently A conjointly dies. D couldn’t inherit A’s property as youngsters born of annulled rescindable marriages don’t inherit the property of any relative of their oldsters. it’s going to be noted that youngsters of a predeceased son/daughter will be disqualified from inheritable  the property of the intestate if, before their birth, their oldsters had ceased to be Hindu by conversion.

In Ugre Gowda v. NageGowda, the Apex Court determined that am adoptive mother can not be empty her right to eliminate her separate property by transfer or can that she possesses if she has adopted a son. Thus, such relief the widow or the adoptive mother of the suit property that unconditional in her by succession on the death of her husband.

Entry (b)- Heir of husband

On the failure of heirs in entry (a), the property are going to be passed upon the heirs of the husband. Since the property is deemed to be that of her husband, the inheritance are going to be determined by the law concerning succession to the property of a Hindu male as per Section eight. Thus, the husband shall be deemed to own died right away when the feminine Hindu died as per Section sixteen. Heirs of the husband don’t mean ‘all persons who might are the heirs of such husband’.

It may be noted that the date of the gap of the succession isn’t the date of the death of the husband, however that of the deceased i.e. feminine Hindu (Seethalakshmi Ammal v. M. Iyengar AIR 1998 SC 1692). Thus, it’s to be probable  that on the death of the intestate, it absolutely was her husband WHO had died and the and therefore the and conjointly the} property also belonged to him. In such a scenario, the ‘step-son of a female’ WHO may be a qualified heir will succeed because the ‘son of the husband’ who was born to him from a previous wedding. Thus, wherever a Hindu girl, W, dies intestate, let go her step-son and her brother since brother is an heir within the later entry, the step-son can succeed to her property.

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The widow of a predeceased son, widow of the deceased brother of the husband, sister of the husband, or perhaps a far off first cousin of the husband would fall within the class ‘heirs of the husband’.

It is to be noted that the ‘heir of husband’ is taken into account ‘near in relation’ to a unfruitful widow, compared to her oldsters and brothers and sister that square measure placed within the later entry. Thus, a woman’s blood relations square measure relegated to an inferior placement compared to the class of ‘heirs of husband’ (relations by marriage). No different succession law, as well as Muslim law, provides statutory preference to the in-laws over a woman’s blood relatives. this is often therefore once a Hindu male dies, none of the wife’s relatives will ever inherit his property.

Entry (c)- Father and mother of the deceased feminine (proposita)

Father/Mother doesn’t embody a step-father/mother, however adoptive mother/father is enclosed. However, step-father/mother might succeed as ‘heir of mother’ and therefore the latter as ‘heir of a father’.

Where the wedding the wedding} of the fogeys was a void wedding or an annulled rescindable marriage, the fogeys inherit from such youngsters. albeit the deceased feminine (proposita) was an illegitimate female offspring of the mother, a mother can inherit, however, a supposed father won’t inherit.

Entry (d)- Heir of the father

Since the property is deemed to be that of her father, the inheritance are going to be determined by the law concerning ‘succession to the property of a Hindu male’ as per Section eight. Thus, the daddy shall be deemed to own died right away when the feminine Hindu died as per Section sixteen. Heirs of the daddy don’t mean ‘all persons WHO might are the heirs of such father.’

The class can embody brothers and sisters as well as half-blood brothers/sisters and their descendants, grandparents and different natal relations.

Entry (e)- Heir of the mother

Since the property is deemed to be that of her father, the inheritance are going to be determined by the law concerning ‘succession to the property of a Hindu female’ underneath Section fifteen and Section sixteen. Thus, the mother shall be deemed to own died right away when the feminine Hindu died as per Section sixteen. Heirs of the mother don’t mean ‘all persons WHO might are the heirs of such mother.’ The class can embody the female internal reproductive organ brother/sister and their descendants.

We still remain under the impression that it is always too early to make a will and the right time would be when old age sets in due to our conditioning. So, according to me, based on the current position in law, it is preferable that a Hindu female should protect her assets i.e. property, and after her death pass it on to the person she desires. Otherwise, in the event of intestacy, the law will take its own course and Hindu female’s property will end up in the possession of a person whom she never had the intention to transfer it to or even had any remote relations during her lifetime, as evident from the case of Smt. Narayani Devi.

Author: Sattwik Biswas,
2nd Year BBA LLB under IFIM Law School, Bangalore

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