When a Hindu Woman Dies Intestate: Who Inherits Her Self-Acquired Property?

The Supreme Court in Omprakash v. Radhacharan Civil Appeal No. 3241 of 2009 Decided On: 05.05.2009 clarified an important principle regarding succession to the property of a Hindu female dying intestate. The Court explained that the Hindu Succession Act does not create a separate rule for self-acquired property of a woman outside the framework of Section 15 of Hindu Succession Act. Instead, one must carefully read Section 15(1) of Hindu Succession Act and Section 15(2) of Hindu Succession Act.

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Female Hindu Intestate Succession: The 5-Step Rule You Must Know

 

Memorize Female Hindu Intestate Succession as a 5-step ladder plus 2 exceptions.

A female Hindu dying intestate succeeds in this order: children and husband, husband’s heirs, parents, father’s heirs, mother’s heirs. Section 16 simply tells you that the earlier class excludes the later class, and heirs in the same class take together.

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Important Notes on Muslim law

1) Notes on Testamentary Succession under Muslim law

https://www.lawweb.in/2020/04/notes-on-testamentary-succession-under.html

2) Intestate Succession under Muslim law

https://www.lawweb.in/2020/05/intestate-succession-under-muslim-law.html

3) Difference between Marz-ul-Maut and Donatio mortis causa

https://www.lawweb.in/2020/04/difference-between-marz-ul-maut-and.html

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Intestate Succession under Muslim law

1) Applicable law

The property of a deceased muslim is to be distributed according to the law of the school to which he belonged at the time of his death. The law of the school to which the heirs belong is immaterial.

2) What property is heritable?

 The estate that remains after the payment of the charges that is funeral expenses,debts and legacies,out of the property of the deceased,is heritable property.It includes both movable and immovable property.

As muslim law does not recognise the joint family system,no distinction is made between ancestral and self-acquired property. All property that remains after deduction of the above charges is heritable property.

3) Joint family system not recognised in muslim law.

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Whether Stepson Of A Hindu Dying Intestate Can Claim Inheritance Under Hindu Succession Act?

The claim is clearly preposterous. In the first place, the Applicant must show that he is entitled to succeed to the estate of the deceased either as a relative specified in class-I and if there be no such relative, then as a relative specified in class-II, of the schedule under Hindu Succession Act read with Section 8 of that Act. It is important to note that the controversy involves a claim to the property of a male Hindu dying intestate. The schedule to the Hindu Succession Act refers to heirs in class-I and class-II within the meaning of Section 8 of that Act. A son is included in class-I of the schedule. The Applicant, as son of the wife of the deceased from her first marriage, cannot claim as a son of the deceased. The expression "son" appearing in the Hindu Succession Act does not include a step-son. The expression "son" not having been defined under the Hindu Succession Act, the definition of "son" under the General Clauses Act may be appropriately referred to. In clause (57) of Section 2 of the General Clauses Act, the expression "son" includes only an adopted son and not a step-son. Even otherwise "son" as understood in common parlance means a natural son born to a person after marriage. It is the direct blood relationship, which is the essence of the term "son" as normally understood.

Hindu Law permits adoption, the expression "son" for the proposes of the Hindu Succession Act would include even an adopted son. The word "son" appearing in class-I of the schedule to that Act would thus include an adopted son but there is clearly no warrant for including a step-son within the meaning of the expression "son" used in class-I of the schedule. The context in which the term "son" is used in the schedule does not admit of a step-son being included within it.

IN THE HIGH COURT OF BOMBAY

Chamber Summons No. 495 of 2017 in Suit No. 2219 of 2000, Suit No. 2219 of 2000 and Notice of Motion No. 381 of 2015 in Suit No. 2219 of 2000

Decided On: 12.01.2018

 Dudhnath Kallu Yadav Vs. Ramashankar Ramadhar Yadav and Ors.

Hon'ble Judges/Coram:

S.C. Gupte, J.

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Whether wife can be treated as maid servant considering statement made in will?

In the case of caveat by
respondent Malati, the Division Bench noted the citations in
the Will propounded by the appellant showing Malati to be
only a maid servant but on the basis of totality of facts and

circumstances it rightly came to the conclusion that a person
by merely making a contrary statement in the Will cannot
change a real relationship if it actually existed and hence at
least arguable case in favour of claim of Malati as regards her
relation with the testator has been established and hence she
deserves to be permitted to contest the probate proceeding.
The Court, at the same time made it clear that whether Malati
is really a lawful widow of the testator or not cannot be
conclusively adjudicated in the probate proceedings and
therefore, only a prima facie view was possible to decide
whether her caveat should be discharged or not.
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.473 of 2009
Saroj Agarwalla (Dead) Thr. LR
Abhishek Agrawalla 
Versus
Yasheel Jain 
Dated:October 24, 2016

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Good legal article on right to succession to property of female hindu dying intestate

http://www.lawyersupdate.co.in/LU/1/119.asp

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