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CHAPTER II INTESTATE SUCCESSION · General

Section 15: General rules of succession in the case of female Hindus

The Hindu Succession Act, 1956

(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 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.

State Amendment (as printed in the official text)

Kerala.—

Amendment of section 15.―In the Hindu Succession Act, 1956 (Central Act 30 of 1956), in section 15, after clause (b) of sub-section (2), the following clause shall be inserted, namely:―

“(c)” any property inherited by a female Hindu from her pre-deceased son shall devolve, not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the pre-deceased son from whom she inherited the property.”

[Vide Kerala Act 17 of 2016, sec. 2].

Questions on this section

1 question in 3 of our papers cite Section 15. Try these from the free papers:

  1. 1. W, a Hindu widow with no children, dies intestate in 2021 leaving a flat she had bought with her own earnings. Her only surviving relatives are her own mother M and H, the mother of her late husband. No other relative of W or of her husband survives. Under Sections 15 and 16 of the Hindu Succession Act, 1956, the flat goes to:

Practise questions on Hindu Law