Can will shall be produced by plaintiff through amendment??

I would like to express my view about inheritance or succession of Hindu Female dying intestate:

If a Hindu female dies intestate (without a will), her property is distributed according to specific rules outlined in the Hindu Succession Act, 1956. The primary heirs are her children (including those of pre-deceased children) and her husband. If she has no children or husband, her property devolves to her husband's heirs, then to her mother and father, and finally to the heirs of her father and mother. 

 Therefore in my opinion the husband, i.e.,. the querist's father is entitled for a share in the property which the querist is claiming now on the basis of the legal heir to his deceased mother. 

You have adequatly been advised by experts on this platform.

It is better to consult a local prudent lawyer for further question(s) / query(ies) on the issue and close this thread.

Admittedly, the query has not been resolved to the satisfaction of the querist. All the more, two contradictory opinions have come to the fore whether the husband of a predeceased daughter (or rather, the spouse of the predecased child ) is the legal heir to female Hindu dying intestate.

As such, are we not failing as EXPERTS as well the LCI by asking the querist to close the thread? Or, is it that Experts (or, at least some among them) are less than prudent?

It is my humble  opinion that  let the experts of this forum express their opinion to the queries alone and desist from passing any comments against fellow experts opinions, because this may controvert the issue among the experts itself and may creat unwanted  controversy. 

Originally posted by : T. Kalaiselvan, Advocate
	I would like to express my view about inheritance or succession of Hindu Female dying intestate: If a Hindu female dies intestate (without a will), her property is distributed according to specific rules outlined in the Hindu Succession Act, 1956. The primary heirs are her children (including those of pre-deceased children) and her husband. If she has no children or husband, her property devolves to her husband's heirs, then to her mother and father, and finally to the heirs of her father and mother.  General Rule (Section 15(1) of the Hindu Succession Act): First Priority: Children (including grandchildren and great-grandchildren if the deceased's children have predeceased) and the husband.  Second Priority: If no children or husband, the property devolves to the heirs of the husband.  Third Priority: If no husband or his heirs, the property devolves to the mother and father.  Fourth Priority: If no mother or father, the property devolves to the heirs of the father.  Fifth Priority: If no father's heirs, the property devolves to the heirs of the mother.  In this situation,  the querist clearly states that his other predeceased his grandmother in 1976 leaving behind him and his father as her successors in interest to succeed to her estates. His father being one of the legal heirs of his deceased mother as stated above, he is very much entitled to his rightful share out of his deceased wife's share in the property.   Therefore in my opinion the husband, i.e.,. the querist's father is entitled for a share in the property which the querist is claiming now on the basis of the legal heir to his deceased mother.

In this context, the Supreme Court has held in Civil Appeal No 3667 of 2018 that the Wife Of Pre-Deceased Son Does Not Have First Right To Claim Share In Her Mother-In-Law’s Share In Joint Family Property

"13. A combined reading of Section 15(1)(a) and Section 16 of the Act would make it manifest that the property of a female Hindu dying intestate shall devolve, firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Therefore, the plaintiff being the widow of the pre-deceased son does not have the first right or entitlement to receive any share in the share of her mother-inlaw"

To my knowledge and understanding, same ratio/principle applies in respect of inheritance of mother-in-law's property by the husband of a predeceased daughter.

I humbly regret to disagree with  the interpretation made by learned expert Mr. P.Venu in this regard.

The case referred here is that the husband of the predeceased daughter is entitled to a share out of her share in the property left  behind by her mother or not.?

The law is clear that the husband of the predeceased daughter is one of the legal heirs of his deceased wife along with his children, hence he is very much entitled to a share out of her share in the property as a right at par with his children who incidentally are also the legal heirs of his deceased wife.

I am quoting the folowing lines from Advocate Mr. T. Kalaiselvan's post on 10 May 2025. 

QUOTE

General Rule (Section 15(1) of the Hindu Succession Act): 

First Priority: Children (including grandchildren and great-grandchildren if the deceased's children have predeceased) and the husband. 

UNQUOTE

The "husband" in the above quote refers to the husband of the deceased. 

It does not refer to the husband of the predeceased daughter. 

It is quite clear from the above quote that the children including grandchildren and great-grandchildren get a share, if the deceased's children have predeceased. It does not refer to wives and husbands of predeceased children. 

In the present case, if the husband of the deceased grandmother of the queryist is alive, he would get a share in the property. 

The husband of the predeceased daughter would not get a share in the property. 

The husband of the predeceased daughter may get a share in his wife's property, if it is self-acquired out of her own earnings, if she had any such property at the time of her death. If it is inherited from her mother, her husband would not get a share in her inherited property. 

Literally interpreting the above quote, we must distinguish between husband of the deceased and husband of the predeceased daughter of the deceased. The husband of the deceased would get a share in her property, but the husband of the predeceased daughter would not get a share in the property. I think this interpretation also tallies with the Supreme Court judgment and opinion expressed by Advocate Mr. P. Venu on 13 May 2025 and other dates. 

If the children of the predeceased daughter are entitled to their mother's share(who is reported to have died intestate  even before her mother died), in the capacity of legal heirs to their deceased mother, then their father who is also one of the legal heirs to their deceased mother is entitled to an equal share out of their deceased mother's share in the property.

You may please note that this is not ancestral property in the hands of the children of predeceased daughter, but they are entitled to a rightful share in the capacity of legal heirs to their deceased mother. Hence their father who was the husband of their deceased mother as one of the legal heirs/successors in interest has a right to succeed to an equal share.

We can leave the matter to be decided by court as per the court's own interpretation and decision.