16. Order of succession and type of distribution among the heirs of a Hindu woman – Although there is not much difference between the inheritance laws of a Hindu woman and those of a Hindu man, the legal succession of Hindu women differs due to their dual status as daughter and daughter-in-law. Article 15, paragraph 2 (b), provides that the husband shall be deemed to have died immediately after the death of the Hindu wife. It may be noted that a woman inherits her husband`s property as a widow upon his death. She also inherits from her father-in-law as the widow of her predeceased son (unless she remains before the date of opening of the succession). The author sees no reason to maintain and maintain such differences in inheritance regulations. The defendant`s legal counsel, i.e. the husband`s heirs, asserted that the deceased woman had acquired her deceased mother`s property. And at that time, the deceased woman had limited rights to this property, but under Article 14(1) of the Hindu Inheritance Act, she became the full owner of the property.

Thus, after her death, the assets she held would be bequeathed by her legal heirs in accordance with the rules referred to in Article 15(1). He also argued that Section 15 of the Hindu Succession Act would only come into force after the language used in Section 15(2)(a) that “any property inherited from a Hindu woman shall be deemed to be property inherited from her after the coming into force of the Act. Under section 15 of the Hindu Succession Act, 1956, the property of a dying Hindu woman is transferred in accordance with the rules set out in section 16. Therefore, in order to know how the property of a dying Hindu woman should develop, one must know the rules and conditions set out in Article 15 and Article 16 respectively. While this explains the inheritance of property acquired by a deceased woman without inheritance, the amendment to the Hindu Inheritance Act 1955 of 2005 states that women also have the right to inherit ancestral property. However, there remained a grey area as to whether that right applied retroactively or prospectively. Of course, doing willpower is the ultimate solution that every Hindu woman has. Section 15 § 1 of the Hindu Succession Act is a general provision which applies only in cases where the property is not sequential. This means that the property is not an inherited property. The property of a Hindu woman who dies intestate or without a will is in the following order: the source that the woman inherits and who would have more control over the situation is always important.

Otherwise, persons who are not related, even remotely, to the person who originally owned the property would acquire the right to inherit that property. This would run counter to the spirit and purpose of Article 15(2), which provides for a special model of succession. The property inherited from his father goes to the father`s family if there is no problem. Property inherited from her husband or father-in-law goes to the husband`s heirs if there is no similar expense. Such a provision would restrict property that passes into the hands of persons to whom the judiciary would require not to transfer it. It would not be uncomfortable to have a common succession system for Hindus, regardless of gender!!! If a woman dies in 2018 without inheritance, the property passes to her son and daughter (the son or daughter also includes the children of the predeceased son or daughter) and her husband. The testar`s property was claimed by her mother and brother (appellant) on the one hand and by the husband`s heirs (brothers) (respondents) on the other. The appellants reiterated that in such a case, where the deceased`s husband or her parents-in-law had not contributed to her upbringing or provided assistance during her lifetime, section 15 § 2 (a) of the Hindu Succession Act should be regarded as applicable. It was rejected by the Supreme Court in favour of her husband`s heirs on the grounds that under the provisions of the Hindu Succession Act (1956), the husband`s heirs have the legal right to inherit the property of a married Hindu woman without problem, and their parents of heirs of relatives cannot inherit in their presence. The Supreme Court held that Article 15(1) lays down the general rules of succession. Section 15(2) contains a stubborn clause, but it provides for an exception that, where property is passed to the deceased by his or her father or mother on his deathbed without children, the property relates to his parents` family and not to his husband`s family under paragraph 15(2)(b). If the parents` marriage was null and void or a marriage annulled, the parents inherit these children.

Even if the deceased woman (proposita) was an illegitimate daughter of the mother, a mother will inherit, but a supposed father will not inherit.