Hindu Succession Act, 1956 provide rules for the succession of property of hindu female who had died intestate. Any property possessed by a female Hindu, whether acquired before or after the commencement of the Hindu Succession Act, shall be held by her as full owner thereof and not as a limited owner.
Property of Hindu females is divided into three categories based on the source of that property.
- Property inherited from the husband or father-in-law
- Property inherited from the father or mother
- Self-acquired property or property acquired by gift either before or after the marriage
Any property inherited by the hindu female from the husband or father-in-law shall devolve on her children. If there are no children of the deceased female, then shall devolve to grand children. In the absence of any grand children the shall devolve on the legal heirs of the husband.
Any property inherited by a female Hindu from her father or mother shall descend, if there is no son or daughter of the deceased present including the children of any predeceased son or daughter on the father’s heirs. In the absence of any heirs of father, then shall descend on the heirs of mother.
Any self acquired property or property acquired by gift either before or after the marriage by a hindu female shall devolve on the children and husband. If no children and husband are present, then the property shall devolve on legal heirs of the husband.
The basis of inheritance of a female Hindu’s property who dies intestate would thus be the source from which such female Hindu came into possession of the property and the manner of inheritance which would decide the manner of devolution.
