If a woman dies without a Will, her self-acquired property goes as per Hindu Succession Act—first to husband and children.

If there are no children and husband is also dead, the property goes to her parents and siblings, not in-laws.

If she has made a valid Will, then property is distributed strictly as per her wish.

When both spouses die childless, intestate property goes back to the woman’s blood family.

For a woman belonging to Scheduled Tribe, normal Hindu Succession Act may not apply at all.

In such cases, tribal customs decide inheritance, even if husband was non-ST.

So here—Will rules first, statute next, and tribal custom can overrule both.

in case of will property would devolve on benficaries mentioned in will 

2) if she died intestate proeprty would devolve on her class i legal heirs ie her husband and children 

3) if her husband predeceased her it would devolve on her husband heris 

4) Property acquired as an ST member (ancestral or self-acquired within the tribal context) might be governed by tribal customs, potentially differing from the Hindu Succession Act's rules.

1. In case the deceased woman had executed a valid WILL, the property would devolve to the beneficiaries, as per the contents of the WILL.

2. In case the deceased woman had died intestate (without a valid WILL), then the property would devolve in the following manner:-

(a) In case of unmarried (spinster) woman, the property would devolve equally first to her parents, if alive. In case, parents are not alive, then to her siblings.

(b) In case of a married woman, her self acquired property would devolve equally to her husband and children. In case the couple had no children, the property would go to her husband.  In case, the couple was childless and husband was also not alive, then whatever property she got from her parents' side will go to her parents and whichever property she got from her in-laws side will go to inlaws. However in case of self acquired property of the deceased Hindu woman, in case childless and no husband, her self acquired property devolves to husband's legal heirs.

In case the deceased woman belonged to the SC, her customary practice takes upper hand and the Hindu Succession Act does not take precedence.

Under Indian law, the distribution of a deceased woman’s property depends primarily on (a) whether she left a will or died intestate, and (b) which personal law applies to her. I’ll address each of your questions clearly and in sequence.

If a Hindu woman dies with a valid will, her property—whether self-acquired or inherited—is distributed strictly according to the terms of the will. The court does not apply the rules of intestate succession at all. She is free to bequeath her self-acquired property to anyone (husband, parents, siblings, relatives, or even non-family members). Legal heirs can challenge the will only on limited grounds such as lack of testamentary capacity, coercion, fraud, or improper execution, not merely because they were excluded.

If a Hindu woman dies intestate (without a will), succession is governed by Section 15 of the Hindu Succession Act, 1956, and this is where a distinction is very clearly made between categories of heirs.

For a Hindu woman dying intestate, her property devolves in the following order:

1. Firstly, upon her sons and daughters (including children of any predeceased child) and her husband.
2. Secondly, if there are no children and no husband, upon the heirs of the husband.
3. Thirdly, if there are no heirs of the husband, upon her mother and father.
4. Fourthly, upon the heirs of the father.
5. Lastly, upon the heirs of the mother.

Now, applying this to your specific situation:

If the woman’s property is self-acquired, and she dies intestate, the law does not treat it differently merely because it is self-acquired. The same hierarchy under Section 15 applies. Courts do not carve out a separate category for “self-acquired property” of a woman in intestate succession the way people often assume.

If both the woman and her husband have died, and they had no children, then the critical question is the order of death:

• If the woman died first, intestate, then her property would ordinarily devolve upon the heirs of her husband (second category), even if the husband himself later died.

• Only if there are no heirs of the husband at all (for example, no parents, siblings, or other heirs as per his personal law), would the woman’s parents inherit.

This position has been repeatedly affirmed by Indian courts, even though it often appears harsh to the woman’s natal family.

Yes, there are many cases where parents of a deceased married woman approached courts claiming rights over her self-acquired property. Courts have consistently held that parents do not get priority merely because the property was self-acquired or because they educated or financially supported the woman. Emotional or financial contribution does not translate into a legal right unless it can be proved that the property was actually held benami for the parents (which has a very high evidentiary threshold and is rarely accepted).

In short:

• Parents do not get a preferential right over the husband’s heirs simply because the woman earned or purchased the property herself.

• Courts apply Section 15 strictly unless a will exists.

Regarding your question on Scheduled Tribe (ST) status, yes, the law can be different.

Section 2(2) of the Hindu Succession Act states that the Act does not automatically apply to members of Scheduled Tribes unless the Central Government has specifically extended it to that tribe by notification. In many cases, customary tribal succession laws continue to govern inheritance.

If the deceased woman belonged to a Scheduled Tribe and the Act has not been extended to her tribe, succession may be governed by customary tribal law, which can differ significantly from the Hindu Succession Act. The fact that the husband was non-Scheduled Tribe does not automatically override this. Courts will look at:

• whether the woman was governed by tribal custom,

• whether the marriage altered her succession law (usually it does not), and

• whether there is proof of a recognised and continuous tribal custom regarding inheritance.

If the Hindu Succession Act has been extended to that Scheduled Tribe, then the normal Section 15 rules will apply despite tribal status.

To summarise clearly:

• A Hindu woman’s self-acquired property is not treated differently from other property for intestate succession.

• If she dies intestate, husband and his heirs get priority over her parents if there are no children.

• Parents have no automatic right merely because they educated or supported her.

• A will completely overrides these rules.

• If the woman belonged to a Scheduled Tribe, customary law may apply, unless the Hindu Succession Act has been extended to that tribe.

1. Sons, daughters (including children of any pre-deceased son or daughter), and the husband inherit simultaneously and equally. The mother of the deceased woman is not a Class I heir to her daughter's self-acquired property.
2. Next, if none of the above heirs are alive, the property devolves upon the heirs of the husband.
3. Then, to the mother and father of the deceased woman.
4. Next, to the heirs of the father.
5. 
   Lastly, to the heirs of the mother. 
   

2) parents do not have claims merely because they have borne cost of her edcuation 

3) Om Prakash v. Radhacharan (2009), where the Supreme Court, based on a plain reading of the Act, awarded all of the deceased woman's self-acquired property to her late husband's heirs (specifically, his nephews) over her own mother, despite the woman having lived with and been financially supported by her parents after her husband's death.

If the woman was a non ST then she will be governed by section 15 and 16 of HSA, 1956.

If  woman died intestate and both Husband and Wife Have Died & NO Children then the properties left behind by the woman  devolves as per Section 15:

1. Heirs of husband

2. Woman’s parents

3. Heirs of father

4. Heirs of mother. 

The woman can  transfer her properties by a testamentary disposition i.e., by bequeathing the properties through a Will,  The woman has absolute ownership over her self-acquired property. She may leave it to any person (husband, relatives, outsiders, charity, etc.) The Will overrides intestate succession rules. Husband or relatives have no automatic right unless named.

Section 2(2), Hindu Succession Act. the HSA does NOT apply to Scheduled Tribes unless the Central Government specifically notifies otherwise.

Therefore if the deceased If the deceased woman was a Scheduled Tribe then the  Sections 15 & 16 do not apply and also the general Hindu succession rules do not apply.

The Succession will be governed by the Tribal customary law, or State-specific tribal succession laws, if any. The husband being non-ST does not  change this.  The Succession follows the woman’s tribal status, not the husband’s caste.

Under Indian law, once a woman becomes the absolute owner of a property, it makes no difference whether the property was self-acquired, or inherited, or received by gift. 

Section 14(1) of the Hindu Succession Act, 1956 states that any property possessed by a female Hindu shall be held by her as absolute owner. Therefore once ownership is absolute then the succession is governed only by Sections 15 & 16 and the source of funds or effort is irrelevant.  The law do not carve out a separate rule for self-acquired property of a deceased woman in intestate succession.

The parents of a deceased married woman claim to be legal heirs to her self-acquired property only in limited circumstances, i.e., under section 15(1) of HSA  the  priority is

1. Children and husband

2. Heirs of the husband

3. Parents of the deceased woman

Therefore the Parents succeed only if there were no children and husband is deceased and there are no surviving heirs of the husband. :

Her husband or children will be the class 1 legal heirs

answer to main query:

- if woman died intestate then her properties will be inherited by:

(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.

the heirs mentioned in clause (a) will exclude heirs of succeeding clauses

the heirs mentioned in clause (a) will take equally and simultaneously

- if woman died testate, that is, left behind her Will, then her properties will be inherited by the legatees/beneficiaries named in the Will. If any property is left out in the Will, then it will devolve as per intestate succession as aforesaid

- if the husband predeceased the woman, then the woman's properties will go to the heirs of the husband

if the husband died subsequent to the woman, in that case also the heirs of husband as mentioned in s.8 of Hindu Succession Act, 1956, Schedule I, will inherit the property. Since there are no issues in this case, the property would be inherited by the woman's mother in law, who is the class 1 heir of the deceased husband

- the succession law is not dependent on the caste of the husband or wife

answer to follow up query - 

parents can claim only if the heirs enlisted in clauses a and b aforesaid are absent/not there

otherwise if there are heirs falling in clauses before clause c aforesaid, the parents would stand excluded from inheritance

the constitutional vires of s.15 and 16 of Hindu Succession Act, 1956 dealing with distribution of self acquired properties of a deceased Hindu woman is pending before Supreme Court. There are similar cases where parents of the deceased woman have claimed her property but find resistance by the heirs of husband who statutorily inherit the deceased woman's property 

1. Distribution under Intestacy (No Will):
Under the Hindu Succession Act, 1956 (applicable to non-Muslims), if a Hindu woman dies intestate, her self-acquired property devolves firstly upon her children and husband. In their absence, it goes to the heirs of her husband. If the husband has predeceased her without children, the property reverts to her parents as primary heirs, not to her husband's family. For a Muslim woman, similar principles apply under respective personal law, with specified shares for parents and other heirs. The key principle is that her natal family (parents) inherits in the absence of a spouse and lineal descendants.

2. Distribution if a Valid Will Exists:
If the deceased woman has left a valid will, the distribution is governed by the Indian Succession Act, 1925 (for non-Muslims) or relevant personal law. The will dictates the succession, and she can bequeath her self-acquired property to anyone she chooses, including friends, charities, or her parents, to the exclusion of her husband's family. This testamentary freedom overrides the default intestate rules. The court's role is to ensure the will's validity (proper execution, sound mind, no undue influence). Her parents can inherit fully if named as beneficiaries in the will.

3. Special Case: Husband Predeceased, No Children:
If the husband has also died and there are no children, under Hindu law, the woman's self-acquired property devolves entirely upon her parents (Section 15(2)(a) of HSA). If the parents are not alive, it goes to the heirs of her father. This distinguishes her property from that of a male. For a Muslim woman, the estate is divided among her surviving heirs as per their fixed shares; her parents would receive a significant portion. This scenario prevents the property from passing to the husband's family, recognizing her natal family's claim.

4. Impact if the Woman Belonged to a Scheduled Tribe:
Yes, the law is different. The Hindu Succession Act does not automatically apply to members of Scheduled Tribes as per Section 2(2). Succession is governed by their customary tribal laws and usages, which vary significantly across communities. These customs may prioritize the husband's family or agnatic heirs over her parents. If the husband was a non-tribal, complex conflict-of-law issues arise, often requiring adjudication based on the couple's domicile and applicable custom. The parents' claim is subject to proving a favorable customary right, which is not guaranteed.

5. Distinction for Self-Acquired Property & Parental Claims:
The court does distinguish self-acquired property. For a Hindu woman, Section 15 of the HSA specifically favors her natal family (parents) in the absence of children. Parents have a direct statutory right as legal heirs. There are numerous cases where parents successfully claimed their deceased married daughter's self-acquired property, especially against claims from the husband's family. Parental financing or education does not create an independent legal claim; their right stems solely from being legal heirs under statute or named beneficiaries in a will, not from any past financial contributions.

Dear client,

In the case of the Hindu woman, her property devolves as per the Hindu Succession Act and the first preference is for her children and husband. In their absence, it goes to the heirs of the husband. In their absence it devolves upon the mother and father. 

Only in the case of the property that is inherited from her parents and in the case she has no heirs then in this case it will revert back to the parents. 

In the case of the self acquired property, she has left a will, then the legatee the person in whose favour it is written will have the absolute rights over the property.  The parents does not have an automatic right in the case of the self acquired property of the woman who died intestate if she has children and husband alive at that point. They are always given the first preference. Parents are third in the line as per the priority. They have a limited right.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.