INTESTATE SUCCESSION-WOMEN`S PROPERTY-RECOMMENDATIONS OF LAW COMMISSION-A REVOLUTION

In the present scenario when amendments are made to the effect that women have been entitled to inherit property from her parental side as well as from husband’s side, it will be quite justified if equal right is given to her parental heirs along with her husband’s heirs to inherit her property.

It is, therefore, proposed that in order to bring about a balance, Section 15 should be amended so that in case a female Hindu dies intestate leaving her self-acquired property with no heirs, as mentioned in clause ‘a’ of Section 15, the property should devolve on her husband’s heirs and also on the heirs of her paternal side.

If this amendment is brought about, the effect will be as under:

A married Hindu female dies intestate leaving self acquired property at the time of her death; the only surviving relatives are her mother in law (L) and her mother (M).

Pre Amendment 

As per the present law, her property would
devolve entirely on ‘L’ and ‘M’ will not get anything from her property.

Post Amendment

By proposed amendment, her mother-in-law and mother should equally inherit to her self acquired property.

A married Hindu female dies intestate leaving self acquired property and she has no heirs as per clause ‘a’ of the Schedule, the only surviving relatives are her husband’s brother and sister (BL&SL) and her own brother and sister (B&S).

As per the present law,

 Her property would normally devolve upon ‘BL’ and ‘SL’. ‘B’ and ‘S’ do not inherit anything from her in this property.

By the proposed amendment,

her own brother and sister should equally
inherit along with her brother-in-law and

sister-in-law.

PROPOSED AMENDMENT

7.1 In Section 15 of Hindu Succession Act, 1956, 15 (2) (c) be added.

“(c) if a female Hindu leaves any self acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any pre-deceased son or daughter), the said property would devolve not upon heirs as mentioned in sub Section (1) in the chronology, but the heirs in category (b)+(c) would inherit simultaneously. If she has no heirs in category (c), then heirs in category (b) + (d) Would inherit simultaneously.”

7.2 Thus, Section 15 along with the proposed amendment will be as under:

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 rule set out in Section 16, -

(a) Firstly, upon the sons and the daughters (including the children of any pre-deceased son or daughter) and also the husband;

(b) Secondly, upon the heirs of the husband;

(c) Thirdly, upon the mother and the 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) and 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; and

(c) if a female Hindu leaves any self acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any predeceased son or daughter), the said property would devolve not upon heirs as mentioned in sub Section

(1) in the chronology, but the heirs in category (b)+ (c) would inherit simultaneously and if she has no heirs in category (c), then heirs in category (b)+(d) would inherit simultaneously and so on.

7.3 It is recommended accordingly.