When Hindu unmarried woman dies intestate, her property acquired from father devolves firstly on Class I legal heirs and then Class II legal heirs of father. Here sons and daughters of father though not direct legal heirs of unmarried intestate are considered as Class I legal heirs. By considering brothers & sisters as Class I legal heirs, they become her own sons and daughters, which is illogical. An unmarried woman considers her brothers & sisters as brothers & sisters only. Here is a case coming from Tamilnadu is NR Raja and others vs The Thasildar of Madurai South ( WP . MD No 15901 of 2018) it was held that brothers and sisters are considered as Class II legal heirs and legal heirship certificate was issued accordingly. There are many other similar cases coming from that State. How is it different courts are giving different judgements on the subject matter till this date since the enacting of Hindu Succession Act? Please comment on this.
Class I heirs of unmarried female is different than heirs of Male.
And brothers and sisters do not consider son and daughter, poor reasoning.
Brothers and sisters are class 2 heirs of Male and class I heir of unmarried female if her parents expired.
Law is clear under hindu succession act and unanimous all over India.
When aw is clear and it is not set aside then personal opinion of it as illogical does not make any difference.
Since there is no Supreme Court decision on this issue different high courts are free to form its own opinion and the same would be binding in the concerned state.
Section 15, sub-section 2
This explains the distribution of property depending on whether she has inherited it from her parents, or husband, or in-laws.
Any property inherited by a Hindu woman from her father or mother devolves, in the absence of any son or daughter of the deceased (including kids of predeceased son or daughter), not upon the heirs referred to in sub-section (1), but upon the father’s heirs.
2) in case her parents are dead property would devolve upon her siblings as class 11 legal heirs
If the property i coming from father to daughter than it will be called as Class I heirs property and will get distributed among siblings as the same property is inherited from father and not self owned.
If the property were self owned and women were married then it could has got distributed as per class II heirs.
So here nor the property is self owned and not she was married., so the property will get distribute among sibling and parents.
Rule of succession is completely different for male and female dyeing intestate.
Class I and II are not applicable to hindu female dyeing intestate.
As far as hindu succession Act, the class one heir of an unmarried woman is she doesn't have children will be only her father and mother. And through father only it will be devolve to her brother and sisters. The brother and sisters are not class one heir here
Hi
See When brothers and sisters are taken as class 1 legal heirs then they are not considered as the sons and daughters of the unmarried woman.
they are brothers and sisters who are CONSIDERED as Class 1 Legal Heirs.
Every court have its own perspective to see things so every court can give different judgement on same topics although those different judgements are always legally correct.
Thanks
Dear Sir,
Section 15 in The Hindu Succession Act, 1956
(1) 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 mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) 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 referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law 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 referred to in sub-section (1) in the order specified therein, but upon the
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
Now why would any court do what it is doing cannot be done.
What is your doubt about this subject?
Your question is who are the legal heirs of an unmarried Hindu woman dying intestate to succeed to her estates that she inherited from her father.
The Hindu Succession Act, 1956 :
Section 15 of the Act envisages a definite and uniform scheme of succession of property of a Hindu female who dies intestate. Section 16 of the Act sets out the order of succession of the heirs of the Hindu female and is to be read along with Section 15 of the Act setting out the general rules of succession.
However, Section 15 of the Act has failed to consider the equity of the fate of the self-acquired property of a Hindu female dying intestate.
The property of a Hindu female under the HSA has been divided into three categories, viz. property inherited by a female from her father or mother, property inherited from her husband or father-in-law and the third kind, the properties which are not governed by the first two categories.
Under §15 r/w §16 of the HSA, the general rule for succession of all kinds of the properties is that it will pass on to the children (or if children predeceased the female, to the predeceased children’s children) and the husband. However, in case there is no one in existence from the above at the time when succession opens, the first kind of property will be inherited by the heirs of her father and the second by the heirs of her husband. Perhaps, the intention of the legislature was that the property should go back to the source from which it was received. It is the succession procedure of the third kind of property, which includes the self acquired properties or properties received in any other manner or from any other source, provided the female has absolute rights in that property, which is under question. §15(1) of the act provides for a specific order, in which this property divests;
“(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 mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother”
Hope your doubts are clarified now.
1. Property acquired from father is separate property which devolves in same manner as self acquired property.
2. Brothers and Sisters are not Class I heirs of a Hindu woman dying intestate. Class I heirs are children and husband.
3. Which court has held that sons and daughters envisaged in Class I would include brothers and sisters of a Hindu woman dying intestate? Law cannot be interpreted on emotions.
The parents are predeceased my sister. Also one of the male siblings also predeceased my sister. The predeceased brother has wife and kids. Now how will the property devolve?
Property would devolve on surviving siblings
The property shall devolve upon the heirs of her father.
You are one among the heirs of her father and the heirs of her predeceased brother are also the heirs of her father.
In that case all the heirs of the father her brothers heirs will be the beneficiaries. Along with the fathers heir her mothers heirs will also be the beneficiaries as she died unmarried. As father and mother becomes class 1 heir if she dies unmarried without children
Those who are deceased than property will go to their childrens
You and your pre deceased brother family will inherit equally.
Section 15(1) in The Hindu Succession Act, 1956
(1) 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 mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
Above B&C Or D
1. Every court can have different point of view but they have to decide the case as per laws enacted till date of Judgement.
2. If any court give decision that class II legal heirs are considered as class I legal heirs then it can be challenged by revision in Higher court.
3. Property will devolve among class II legal heirs if no class I heirs is alive if any of the class II heirs is not alive then his or her share will devolve among class I heirs of that class II heir.
The property would be divided amongst all the siblings. If a brother has died the property would be given to his heirs.