To whom Share transfer

preet (Querist) 17 January 2011 This query is : Resolved
Hello experts,
My client have a property in chandigarh. She is 55 year old, Having husband, one daughter and one son. She purchase that property before 20 years and make residencial house there. If she die without making her will, to whom that property is transfer??? is there any share of husband in that property???
i m very thankfull to all you.

Follow Query

Report Abuse

A V Vishal (Expert) 17 January 2011
According to S.15 of the Hindu succession Act, 1956

General rules of succession in the case of female Hindus.- (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 heirs of the father, and

(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 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.

The above is applicable if she dies inestate, however, she can will her property to anyone of her choice. In case of a will the above becomes inapplicable.