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Sushil (student)     17 October 2012

Distribution of property of a married hindu female?

Hi Experts,
Please help me understand the distribution of property of a married issueless hindu female dying interstate.
As per the The Hindu Succession Act, 1956, 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.
Can someone comment on how much share will be given to those in (a) to (e). Note that only husband is there in category (a).
Thanks in advance


 3 Replies

Ramesh Potedar (Advocate)     17 October 2012

The distribution will be in equal shares in each category.

Sushil (student)     18 October 2012

Hi Ramesh,

Thanks but I am confused.  What does, firstly, secondly, thirdly etc means in those sub sections. This article ( mentions the contrary i.e. not equal shares but all of the property to one party in the order given above. From the same article -

"The property will firstly devolve upon those in (a).

In case she does not have any heir as per clause 'a' living at the time of her death, then the next heirs will be the heirs of the husband;


Thirdly, if there are no heirs of the husband, the property would devolve upon the mother and father;

Fourthly, if the mother and father are not alive, then the property would devolve upon the heirs of the father which mean brothers, sisters etc;

The last and the fifth category is the heirs of the mother upon whom the property of the female Hindu will devolve in the absence of any heirs falling in the four preceding categories."

Please enlighten.

kiran (na)     19 October 2012


This may not entirely subject to the topic discussed under Distribution of property of a married hindu female.

I'm placing a subject of my own and hoping to receive a good reply... thanks in advance.


It's such that my father bought a propery in bangalore under partnership about 15-17 years near dasanapure hobli and unfortunately it was under valuation in the sub-registrar office. The entire land comprises of 5 acres which was purchased from separate owners. A piece of land measuring about 20 guntas under a survey no has no khata certificate and we're in the process of applying for the same.

Unfortunately after the supreme court ammendment was passed in 2005, probably revising its ownership of the property among women in the family subject to   Intestate &  Coparcenary, there was an objection from the relatives of the family claiming the portion of the land. Hence it was proceeded further at Tahsildar's office and at present I've come to know there's a stay issued and I don't know our next action.

Thus, I'm requesting your kindest reply for the same and it would be a great help...


Also, if you could send me an email @ with your contact no

we'd be happy to contact you...


Thanks a million




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