Shranik 02 August 2025

Devolution of parental property of an intestate hindu female under hindu succession act

If a Hindu female, who was issueless and whose husband had predeceased her, dies intestate on 05.04.2008, and the property in question had devolved upon her from her parents' side (paternal property), then how will the devolution of such property take place under the Hindu Succession Act, 1956? Will only those real brothers and sisters (siblings) who were alive at the time of her death be entitled to inherit her property? Or will the legal heirs of her predeceased brothers also inherit the property? In this case, the deceased female (Sarjoo) had a total of nine siblings, out of which: Some died before her (e.g., Gunni Ram – DOD: 23.11.1991, Sant Ram – DOD: 04.10.1987, Lacchmi Ram – DOD: 25.04.2005) Some died after her (e.g., Ram Lal – DOD: 24.04.2018, Prakash Chand – DOD: 31.05.2021) And a few are still alive (e.g., Amar Singh, Lekh Ram, Smt. Guddi Devi) Now in 2025, the mutation of her property is being undertaken due to partition proceedings. In such a scenario, do the legal heirs of her deceased brothers (whether they died before or after Sarjoo) have any right in her property, or does the inheritance go only to the siblings who were alive at the time of her death in 2008, as per the rule that succession opens at the time of death?

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 02 August 2025

Nothing is understood from your post, you may better revert in English language

T. Kalaiselvan, Advocate (Advocate) 03 August 2025

The orignal post in a diferent langauge has been replaced by a different querist now.

Section 15(2) provides that when a Hindu woman dies intestate, the property that she got from her father-in-law or the husband goes to the husband’s family line, and the property taken from her father goes to the heirs of the father or the father. Section 15(2) only ensures that the property goes back to the source.

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 , but upon the heirs of the father;

Terefore the heirs of her father shall be entitled to a share in it.

Advocate Bhartesh goyal (advocate) 03 August 2025

Yes, since deceased female sarjoo inherited the property from her father so after her death (intestate) property rightsshall devolve to her father's legal heirs.

Dr. J C Vashista (Advocate ) 03 August 2025

Sarjoo's siblings (or their LRs) shall inherit the intestate property left by her.

R.K Nanda (Advocate) 03 August 2025

Take help of local lawyer for proper legal guidance as your case is complicated one.

P. Venu (Advocate) 07 August 2025

Yes, the property shall devolve upon the legal heirs of her father from whom she had inherited the property.

As regards to distribution of prperty among the siblings provisions of Rule 3 below Section 16 shall be applicable-

Rule 3.―The devolution ------------- in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.