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FAMILY LAW II
FINAL SUBMISSION
Succession To The Property Of Hindu Female Dying
Intestate
Submitted by
Aayushi Gupta
Division B PRN No. 13010224080 Class 2013-2018 of
Symbiosis Law School, NOIDA
Symbiosis International University, PUNE
In
March, 2015
Under the inspiring guidance of
Ms. Saadiya
Assistant Professor

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CERTIFICATE

The Project entitled Succession to the property of Hindu female dying intestate submitted
to the Symbiosis Law School, NOIDA for the course Family Law II as part of internal
assessment is based on my original work carried out under the guidance of Ms. Saadiya. The
research work has not been submitted elsewhere for award of any degree.
The material borrowed from other sources and incorporated in the project has been duly
acknowledged.
I understand that I myself could be held responsible and accountable for plagiarism, if any,
detected later on.

Signature of the candidate:

Date: 14.03.2015

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ACKNOWLEDGEMENT
I would like to thank my faculty-in-charge, Prof. Saadiya, who gave me the opportunity
to study, analyse and learn from the topic Succession to the property of Hindu female
dying intestate. It helped me in enhancing my learning capability through researching
rigorously and applying the right concept at the right place.
Aayushi Gupta

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TABLE OF CASES

B
Bhagat Ram vs. Teja Singh
G
Gurnam Singh vs. Smt. Asa Kaur
Gurbachan Singh vs. Khicher Singh
L
Lachman Singh vs. Kirpa Singh

O
O.M. Meyappa Chettiar vs. Kanappa Chettiar
R
R. A. Patil vs. A. B. Redekar
Ram Sunehi v . District Judge
Raghubir v, Janki Prasad
S
State of Punjab vs. Balwant Singh

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INDEX

CHAPTERS

PAGE NO.

I. INTRODUCTION &
HISTORICAL BACKGROUND ............6
II. PROPERTY OF A HINDU FEMALE..............................................7-8
III. GENERAL RULES OF SUCCESSION
FOR FEMALES

......8-13

IV. AMENDMENTS: A
QUEST FOR CHANGE

..............................................................14

V. CONCLUSION

..............................................................15

VI.BIBLIOGRAPHY

....16-17

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Succession to the property of Hindu female dying intestate

I.

Introduction & Historical Background

Before 17 June 1956 the succession of Hindus was regulated by classic Hindu law. 1 The
Hindu Succession Act2 is a codification of the Hindu law of intestate succession and came
into operation on 17 June 1956. It introduced key changes to classic Hindu law of intestate
succession. The Hindu Succession Act is, to a large extent, is a codification of the Hindu law
of succession.3 It makes provision for certain changes to the classic Hindu law of succession,
and although it is in essence a codification of essentially the Mitakshara law of succession,
it is uniformly applicable to all the schools of Hindu law in India. 4 There were two schools in
old Hindu Law namely i) Mitakshara and Dayabhaga governing the Hindu succession.
However, the Hindu Succession Act, 1956 brings all the schools into a uniform system.
In the old law there was a distinction between male and female heirs, but the Hindu
Succession Act, 1956 makes no distinction between male and female heirs. Under the
Mitakshara law the rule of preference is based on the right to offer pinda or propinquity
of blood, but the order of succession provided by the Act is based on the concept of male
chauvinism thus making males the absolute owners of the property whereas the females used
to get only a limited ownership right.
Classic Hindu law allows two modes of devolution, namely survivorship of coparcenary
property, and succession of separate property. In terms of classic Hindu law, if a female
inherited property from a male or stridhana from another female, she received only a limited
womans estate which meant that she was the owner of the property for as long as she lived,
but although she had full and exclusive ownership of the property during that time, her

1 Mullas principles of Hindu law vol I (19ed 2005) 101363.

2 Act 30 of 1956.
3 C Rautenbach Hindu law of succession(2ed 2006) 269287
4 Desai Mullas principles of Hindu law vol II (19ed 2005) 283284.

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ownership was restricted in all other respects.5 However, the Hindu Succession Act, 1956
abolishes this classification and provides for only one uniform scheme of succession of
stridhana.6
A unique feature of the Hindu Succession Act, 1956 is that it provides for different schemes
for intestate succession in the case of male and female, respectively. Whereas, no other
succession law in India such as the Muslim Law, the Parsi Law and the Christian Law
provides for such a distinction between male and female intestates. Section 15 and 16 of the
Act deal with intestate succession of Hindu females and it only applies to the properties of
which she is a full owner.

II.

Property of a Hindu Female

A. Stridhan
Earlier, under the Mitakshara law the absolute property belonging to a woman was called
Stridhan. Vijnaneshwar, the author of Mitaskhara, in his commentary says:
That which was given by the father, by the mother, by the husband or by the brother; and
that which was presented by the maternal uncles and the rest at the time of wedding before
the nuptial fire; and a gift on a second marriage or gratuity on account of supersession; and,
as indicated by the word adya (and the rest) property obtained by.
The rule laid down in sub-section (1) of Section 14 overrides the old law on the subject of
stridhana in respect of all property possessed by a female, whether acquired by her before or
after the commencement of the Act and this section declares that all such property shall be
held by her as full owner.
B. Limited Estate
Earlier in Mitakshara law, females takes only limited estate whereas males takes absolute
interest in estate. Males succeeding as heirs, whether to a male or to a female, took
5 Family Law Lectures Family Law II, Poonam Pradhan Saxena, 2004 at p. 429.
6 GCV Subba Rao, Family law in India: Hindu law and Mohammedan law (1995) 314.

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absolutely. Females succeeding as heirs to a male took a limited estate in the property
inherited by them, except in certain cases. If a separated Hindu under Mitakshara died leaving
a widow, and brother the widow succeeded to the property as his heir but she being a female
did not take the property absolutely. She was entitled to the income of the property. She could
not make a gift of the property nor could she sell it unless there was some legal necessity. On
her death, the property would pass not to her heirs, but to the next heir of her husband, ie; his
brother.7
Under Section 14(1) of The Hindu Succession Act, 1956, the Act has abolished the Hindu
womens limited estate and confers on the women the absolute ownership over all her
property acquired by her as per Section 14 of the act.
C. Absolute Ownership
The expression property in case of females means property of the deceased heritable under
the Hindu Succession Act. It includes both movable and immovable property owned by a
female Hindu and acquired by her by inheritance; 8 or by devise; or at a partition; or by gift
from any person whether her relative or not (before, at or after her marriage); or her own skill
or exertion; or by purchase; or by prescription; or in any other manner whatsoever. It also
includes all property, which was held and possessed by her at the date of the commencement
of the Act and of which she is declared to be the full owner by Section 14 of the Act.9

III.

General Rules of succession in the case of females dying

intestate

Under the law, prior to the Act, succession to a females property varied according as the
property was technically her Stridhan, or was acquired by her by inheritance or by partition,
etc. If it was the former, it went to her heirs and if it was the latter, it went to the heirs of a
7 Sabzwari,, Hindu Law (Ancient & codified) 2nd Ed. 2007, p. 1078.
8 Balasabeb vs. Jinwala AIR 1991 1978 Bom 44 (inherited from brother).
9 Mulla, Hindu Law 20th Ed. 2007, Vol II P. 425-26.

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person from whom she had inherited it from whose share it was taken out on partition, etc. It
also varied according as she was married or unmarried, and according as she was married in
an approved or in an unapproved form. The rules of descent again were different in different
schools. This Act ignores all such distinction for the succession to females property and
provides a uniform law for all female Hindus, married or unmarried, belonging to one school
or another.
The act by Section 14 confers absolute ownership on all females in respect of all properties in
their possession, whether acquired before or after the commencement of the Act. Section 15
of the Act prescribes the General Rules of Succession of the property of a female dying
intestate, and Section 16 lays down the Order of Succession. Section 15 runs as follows:10
"Section 15(1), the property of a female Hindu dying intestate shall devlove 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.
Section 15(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 (I) 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 person or daughter of the deceased (including the
children of any pre-deceased son or daughter) not upon the other heirs referred to in subsection (I) in the order specified therein. but upon the heirs of the husband."
10 R.K. Aggarwal Hindu Law 22nd Edition, 2007 p 29

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Section 15 does not apply to that property which is held by a Hindu female with restricted
rights at the time of her death. 11 The words 'son' and 'daughter' of the deceased in Section
15(2)(b) of the Act can only mean a son or daughter of the female, dying intestate, born to her
of any husband, former or later. The definition includes even illegitimate children. 12 But does
not include step-children,13 who will not be able to inherit their step mother.
In Keshri Lodhi vs. Harprasad14 the Court laid down that from the language of sub-sections
(I) and (2) of Section 15, it is clear that the intention of the Legislature was to allow the
succession of the property of the Hindu female to her sons and daughters. Only in the absence
of such heirs the property would go to husband's heirs. Consequently, the female's property
would devolve on her sons and daughters even where the sons and daughters are born of the
first husband and the property left by the female was inherited by her from the second
husband.15
In Gurnam Singh vs. Smt. Asa Kaur16 the Punjab High Court held that the plain and natural
implication of the words "son or daughter of the deceased" in sub-section (2) of Section 15, is
that the son or the daughter should be heirs, even though she might have married once or
more than once and may have, thus given birth to children from these marriages, because
these off-springs are capable of establishing their blood relation to the female Hindu as son or
a daughter.
In Lachman Singh vs. Kirpa Singh,17 the Supreme Court held that in absence of heirs
mentioned in Section 15 (1) (a) the heirs mentioned in clause (b) of Section 15(1) succeed.
11 Section 14(2) of Hindu Succession Act, 1956.
12 R. A. Patil vs. A. B. Redekar. AIR 1969 Bom. 208.
13 265 Ram Sunehi v . District Judge. 1978 AWC 721
14 AIR 1971 MP 129
15 AIR 1962 Mys 140.
16 AIR 1977 Punjab 104.
17 1987 SC 1616.

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Among the heirs of clause (b) will come the step son of the Hindu female as her husband's
heir. It is obvious that in presence of a son, step-son cannot inherit.
The word 'son' includes natural and adopted children of a woman, those born to her after her
re-marriage and even her illegitimate children. Whereas succession to the property of a
female Hindu generally is given under Section 15(I), an exception has been engrafted under
sub-section (2) recognising a different mode of devolution in respect of property which the
woman acquired by inheritance, in a way to a very limited extent recognising the old Hindu
Law in the matter, which restricted a woman's estate in inherited property and provided for its
devolution as from the last full owner. Prima facie, the exception engrafted seeks to retain in
her father's family property inherited by the deceased lady from her parents and similarly
seeks to retain in the husband's family property inherited from her husband or father-in-law.
The word 'inherit' means to receive as heir, i.e. succession by descent.18
In Bhagat Ram vs. Teja Singh,19 the Supreme Court held that if property held by a female
was inherited from her father or mother, in the absence of any son or daughter of the
deceased including the children of any pre-deceased son or daughter, it would only devolve
upon the heirs of the father, son or daughter, who was the only legal heir of her/his father. The
intent of the Legislature is clear that the property, if originally belonged to the parents of the
deceased female should go to the legal heirs of the father. Under clause (b) of sub-section (2)
of Section 15, the property inherited by a female Hindu from her husband or father in-law
shall also under similar circumstances, devolve upon the heirs of the husband. 20 It is the
source from which the property was inherited by the female which is more important for the
purpose of devolution of property. The fact that a female Hindu originally had a limited right
and later, acquired the full right, in any way, would not alter the rules of succession given in
sub-section (2) of Section 15; Even if the female Hindu who is having a limited ownership
becomes full owner by virtue of Section 14 (I) of the Act, the rules of succession given under
sub-section (2) of Section 15 can be applied.

18 Gurbachan Singh vs. Khicher Singh, AIR 1971 P. & H. 240

19 State of Punjab vs. Balwant Singh AIR 1991 SC 2301
20 Mulla, Hindu Law 20th Edn. (2007) vol II p. 445

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In Ayi Ammal vs. Asari,21 K died intestate in July 1960. She was childless widow of P. K's
father had gifted away some property to K. She sold jewels and lent amount for interest.
Upon her death there were some outstanding dues on some promissory notes and in the
proceedings for succession certificate, K's sister claimed that K got the property from her
father by way of gift and that she was entitled to the same under Section 15(2) (a).
Held, that the property could not be said to have been "inherited" by K and the exemption
could not be availed of. The rules of devolution provided under Section 15(1) would,
therefore apply and the heirs of K's husband would take the property. The sister of K could
not claim the property as the father's heir to K.
In O.M. Meyappa Chettiar vs. Kanappa Chettiar,22 the Madras High Court has said that
where a female Hindu, after obtaining money decree in respect of the amount which was
gifted to her by father at the time of her marriage (and therefore represented her Stridhan
property), dies intestate leaving behind her husband and brothers, the property represented by
the decree would devolve not upon her brother according to rule of succession laid down in
Section 15(2) but upon her husband according to the rule contained in Section 15(1).
In Raghubir v, Janki Prasad,23 the court held that the husband will not inherit in the
property left behind his wife, where she acquired that property in inheritance from her
parents. Such property reverts back to parents only or in their absence to the heirs of the
parent. In this case the wife brought a suit for claiming the property which she was entitled to
get by way of inheritance from her father. During the pendency of the suit she died and her
husband applied for the substitution of his name. The application by the husband was rejected
on the ground that he had no right to get the property in inheritance from his deceased wife as
the property in the absence of her children would revert back to the parents or in their
absence to the heirs of parent.
In order that properties which may have been inherited by a female Hindu and which on her
death may not got to be in families who should not reasonably have any expectations in

21 AIR 1966 Mad. 369

22 AIR 1976 Mad 154
23 AIR 1981 MP 38

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respect thereof, sub-section (2) makes a very important exception in respect of such
property.24 It provides that where a female Hindu had inherited property from her father or
mother and she died leaving behind neither children nor grand children, though she might
have left behind her husband the property would not go to her husband but revert to the heirs
of the father. Similarly, any property inherited by a female Hindu from her husband or from
her father-in- law would devolve in the absence of any children or grandchildren of the
deceased, upon the heirs of the husband. As to who will be the heirs in such cases, will be
determined in accordance with Rule 325 laid down in section 16, which provides that the
property would devolve in the same order and according to the same rules as would have
applied if the property had been the fathers or the husbands as the case may be, and such
person had died intestate in respect thereof immediately after intestates death. 26
In view of the provision to the definition of related in section 3 (j). It appears that the heirs
of a female Hindu will include her illegitimate children born from another husband also.
Thus, it appears that in case a female Hindu, who had inherited property from her husband,
dies intestate and leaves behind children from her previous husband, such children along with
the children of the second husband will succeed simultaneously to her. Reference may also be
made to the general provisions relating to order of succession and manner of distribution
among heirs of a female provided for in section 16. 27 Besides the above order of devolution,
other rules of succession are that all the heirs of any one of the above classes will take the
property simultaneously28, per stripes and as tenant-in-common and where an intestate leaves
the children from a predeceased son or daughter of her, the children of each predeceased son
of a daughter will take between them such share which they said predeceased son or daughter
would have inherited had he or she been alive at the time of the intestates death.29
24 AIR 2004 Del 137
25 Mulla, Hindu Law 20th Edi. (2007) vol II p 446
26 AIR 1973Guj 227
27 R.K. Aggarwal Hindu Law 22nd Edition, 2007 p 29
28 Sec. 16, rule 1.
29 Sec. 16, rule 2.

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In the case of a property held by the intestate by inheritance it will devolve on the heirs of a
person from whom she had inherited that property in such a manner as if the devolution is to
take place of the property of that person and that person had died immediately on the death of
the intestate.30 The same principle will apply to the cases where property other than inherited
property is to devolve and the heirs are of classes (b), (d) and (e) mentioned above, that is
they are the heirs of the husband, the father or the mother. In these cases the property will
devolve upon the heirs of the husband, the father or the mother in the same manner, as if
property devolving is the property of the said husband, the father or the mother, as the case
may be, and the husband, the father or the mother had died immediately after the death of the
intestate.31
This principle of property inherited by a female devolving on her death on the heirs of the
person from whom she had inherited is governed by the devolution of inherited property of a
female under the original Hindu Law also. Thus, while the Act seeks to change the law of
devolution in respect of all property passed by a female it maintains that with regard to
property acquired by her by inheritance. Another important point worth noting is that unlike
the textual law in the absence of the son or daughters and the husband, the heirs of the
husband have been given preference to the mother, the father and their heirs; and therefore,
the chances of a property possessed by a female, being lost to the family to which she comes
to belong after her marriage, have been removed.

IV.

Amendments: A Quest for Change

The Hindu Succession Act, 1956 has been amended by way of the Hindu Succession
(Amendment) Act, 2005. However, no amendment was made in the provisions for intestate
succession of property of Hindu females. Though as per Report 207 of the Law Commission
of India a proposal was made in order to amend Section 15 of the Hindu Succession Act,
1956 in case a female dies intestate.

30 B.M. Gandhi, Hindu Law 1999 P 31

31 Sec. 16, rule 3.

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In the present scenario women are entitled to inherit property from her parental side as well
as from her husbands side, therefore equal right should be given to her parental heirs and her
husbands heirs to inherit her property. If this amendment is brought about, the effect will be
as under32:
i.Suppose a married Hindu female dies intestate leaving her self-acquired property at the time
of her death, the only surviving relatives are her mother in law (L) and her mother (M).33
As per the present law, her property would devolve entirely on L and M will not get
anything from her property. By proposed amendment, her mother-in-law and mother should
equally inherit to her self-acquired property.34
ii.Suppose 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 husbands
brother (BL) and her own brother (B).35
As per the present law, her property would normally devolve upon BL. B will not inherit
anything from her in this property. By the proposed amendment, her own brother should
equally inherit along with her brother-in-law.36
The above stated proposal of the 18th Law Commission is however pending since 10th June,
2008.

V.

Conclusion

32 Law Commission of India, 207th Report on the Hindu Succession Act, 1956 (June, 2008).
33 Law Commission of India, 207th Report on the Hindu Succession Act, 1956 (June, 2008).
34 Law Commission of India, 207th Report on the Hindu Succession Act, 1956 (June, 2008).
35 Law Commission of India, 207th Report on the Hindu Succession Act, 1956 (June, 2008).
36 Law Commission of India, 207th Report on the Hindu Succession Act, 1956 (June, 2008).

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Before 17 June 1956 the classic Hindu law of succession applied to the estates of deceased
Hindus. Since then the classic rules have been modified and codified to a large extent. Major
changes to the classic rules have been introduced by means of legislation. The most important
legislation regarding the Hindu law of succession is the Hindu Succession Act that came into
operation on 17 June 1956. Although the Hindu Succession Act is a clear break with the
classic Hindu law of succession, it is not free of discrimination.
In India, the provisions for the succession to the property of Hindu females dying intestate are
different from the provisions for the succession to the property of Hindu males dying
intestate. The reason for this is that in Hindus the females are visualised to have no permanent
family of their own. A Hindu female is born in her fathers family; later she gets married and
becomes a part of her husbands family; if she gets divorced and remarries she becomes a part
of her second husbands family. However, the husbands family does not change as he lives in
the same family his entire life. It is important to note that though all the other systems follow
the patriarchal system of family yet only the Hindu succession laws provide for such
diversification.
Section 15 and 16 of the Act deal with intestate succession of Hindu females and it only
applies to the properties of which she is a full owner. Apart from some discrimination in the
Hindu law of succession, the law as it is applied in India today shows a positive reform with
regard to the position of females. It clearly shows that rules of personal law based on religion
are not above reform in order to bring them into conformity with social and legal change. The
women in India are not properly informed of their rights in terms of the Hindu Succession
Act. There is an urgent need for the proper propagation and popularization of their rights so
that they can be exercised effectively.
It is further recommended that the Hindu Succession Act be amended in order to bring about
a balance, so that in case a female Hindu dies intestate leaving her self-acquired property with
no heirs, the property should devolve on her husbands heirs and also on the heirs of her
paternal side equally.

VI.

Bibliography

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Books
1. Flavia Agnes, Women & Law in India, Oxford University Press, New Delhi (2000)
2. R.K.Agarwala, Hindu Law, 20th Ed. Central Law Agency, Allahabad (2002)
3. Das, P.K.: Handbook on Hindu Succession: Universal Law Publishing, (2012)
4. Professor Kusum: Family Law Lectures- Family Law II. Nagpur: LexisNexis
Butterworths Wadhwa (2013)
5. Agarwala, R. K.: Hindu Law.Allahabad: Central Law Agency (2013)
6. Diwan, Paras : Family Law. Faridabad: Allahabad Law Agency, (2012)

Articles
1. Amrito Das, Notional Partition A Critique, AIR 2004 Journal 149
2. Indira Jaising, An Unequal Reform, Communalism Combat, No.104 (January 2005).
3. Bina Agarwal, ABill of her own, Times News Network (December 23, 2004).
4. Hindu Succession Bill, Outlook India, New Delhi December 20, 2004.

Statutes
1. Hindu Succession Act, 1956
2. Hindu Succession (Amendment) Bill, 2004

Reports
1. 174th Law Commission Report (2000) on Property Rights of Women, Ministry of Law,
Government of India, New Delhi.

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Websites
1. www.manupatra.com
2. www.lawmin.nic.in
3. www.infochangenews.org
4. www.thehinduonline.com
5. http://www.mightylaws.in/878/succession-hindu-law-analysis-hindu-succession-act1956
6. http://www.lawteacher.net/indian-law/essays/gender-justice-in-hindu-successionlaws.php
7. http://www.legalserviceindia.com/articles/gehsa.htm
8. http://www.shareyouressays.com/117221/general-rules-of-succession-in-the-case-ofa-female-hindu-in-the-hindu-succession-act
9. http://www.jlp.bham.ac.uk/volumes/50/bates-art.pdf
Reports
1. Law Commission of India, 207th Report on the Hindu Succession Act, 1956
(June, 2008).

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