Hindu succesion act
Raghu Chilukuri
(Querist) 27 August 2020
This query is : Resolved
sir, property purchased by father in name of his daughter , after daughter marriage daughter was expired . Now property goes to whom
Rajendra K Goyal
(Expert) 27 August 2020
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
(Section 15, sub-section 1)
1. First preference to sons and daughters, including children of any predeceased son or daughter, and the husband;
2. Heirs of the husband;
3. Father and mother;
4. Heirs of the father; or
5. Heirs of the mother
kavksatyanarayana
(Expert) 27 August 2020
Well analysed by the learned expert Mr. Rajendra K Goyal sir. Nothing to add.
Dr J C Vashista
(Expert) 28 August 2020
Very well analysed, opined and advised by expert Mr. Rajendra K Goyal, which I agree and appreciate.
Shilesh Patel
(Expert) 28 August 2020
agreed with Expert rajendra goyal sir.
Rajendra K Goyal
(Expert) 28 August 2020
Thanks a lot to the experts for agreeing.
P. Venu
(Expert) 28 August 2020
Had the deceased daughter any children?
J K Agrawal
(Expert) 28 August 2020
I respectfully have some different opinion. The property purchased by father in name of daughter is Benami property and the father remains actual owner of property. Even otherwise, the property will devolve to sons and daughter only and not to husband or his relatives as per section 15-2 of HSA.
Raghu Chilukuri
(Querist) 28 August 2020
She dont have kids, property will goes to her father and mother ?
P. Venu
(Expert) 28 August 2020
As the deceased had no kids, provisions of Section 15 (2)(a) (emphasized in within inverted commas")shall be applicable, the property would be inherited not by the husband, but by the father or his heirs.
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 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 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.
