I have a question regarding succession under Hindu law. A Hindu woman is legally divorced and remains unmarried after the divorce. She has no children from her first marriage. She owns self-acquired property and dies without making a will (intestate). Her father has passed away, but her mother is alive. She also has one brother and one sister. In this situation, who will inherit her self-acquired property after her death?
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Under the Hindu Succession Act, 1956, the entire self-acquired property of the deceased woman will be inherited solely by her mother.
Her brother and sister will not receive any share as long as her mother is alive.
If the mother had also passed away prior to her death, the self-acquired property would then have been divided equally between the brother and the sister( as heirs of the father).
Since she died unmarried, without children, and with no legal husband, her self-acquired property bypasses the husband's side entirely and moves directly to her biological parents. Because her father has passed away, her mother is the sole surviving heir in this category and will inherit 100% of the property, to the exclusion of the brother and sister.
In this case since mother being the class-I heir is alive she alone will inherit her daughters property and the siblings will not get anything.
On the intestate death of an issue less divorced woman, in the instant case, her mother, brother and sister , would inherit the property equally.
Dear Sir/Madam,
Since the marriage was legally dissolved before her death, the ex-husband has no inheritance right. Her self-acquired property will devolve upon her surviving mother under Section 15 of the Hindu Succession Act. The brother and sister will not inherit while the mother is alive.
The mother may apply for mutation or a legal-heir/succession certificate with the divorce decree and death certificates.
Advocate Saurabh Agrawal
Under the Hindu Succession Act, 1956, the succession of a Hindu female’s self-acquired property dying intestate is governed by Section 15(1). The property devolves in the following order: (a) sons, daughters, and husband; (b) heirs of the husband; (c) mother and father; (d) heirs of the father; and (e) heirs of the mother. A prior category excludes all subsequent ones.
In your case, the woman is divorced and has no children. Therefore, categories (a) and (b) do not apply. The succession then moves to category (c): mother and father. Since the father has passed away, the mother inherits the entire property. Her brother and sister, as heirs of the father, would only inherit if the mother were also deceased. Accordingly, the mother is the sole legal heir.
Her estate shall devolve on her mother, brother and sister equally, with each entitled to a third undivided share.
He parents and siblings. If she doesn’t have class 1 heirs then class 2 heirs will cliam
Under Section 15(1) of the Hindu Succession Act, 1956, the property of a Hindu female dying intestate devolves in the order prescribed therein.
In the present case, the deceased Hindu woman was legally divorced, remained unmarried thereafter, had no children, and died intestate leaving behind self-acquired property. Since she has left neither a husband nor any son or daughter (including the children of any predeceased son or daughter), clause (a) of Section 15(1) is inapplicable.
The next category under Section 15(1)(b) is the heirs of the husband. However, where the marriage has been dissolved by a valid decree of divorce before the woman's death, the former husband ceases to be her husband in the eyes of law. Consequently, neither the former husband nor his heirs acquire any right to succeed to her estate under Section 15(1)(b).
The property, therefore, devolves under Section 15(1)(c), namely, upon her mother and father. Since the father has predeceased the deceased woman, the surviving mother alone succeeds to the entire self-acquired property.
Accordingly, the deceased woman's brother and sister do not inherit the property so long as the mother is alive. They would have a right of succession only if the mother had also predeceased the deceased woman, in which event the property would devolve upon the heirs of the father in accordance with the provisions of the Hindu Succession Act.
The succession is governed by Sections 15 and 16 of the Hindu Succession Act, 1956.
In the facts stated:
The order of succession under Section 15(1) is:
Since she had no children and was divorced, she had no surviving husband. Likewise, the expression "heirs of the husband" under Section 15(1)(b) has no application where the marital relationship had already been dissolved by a decree of divorce prior to her death.
The succession therefore moves to Section 15(1)(c), under which the mother and father are the next heirs. As the father had already passed away, the surviving mother alone inherits the entire self-acquired property.
The brother and sister do not inherit simultaneously with the mother. They would come into the line of succession only if both parents had predeceased the deceased woman, in which case the property would devolve upon the heirs of the father under Section 15(1)(d), which includes the brother and sister.
Accordingly, the entire self-acquired property of the divorced Hindu woman will devolve upon her mother alone, and neither the brother nor the sister would acquire any share during the lifetime of the mother.
Dear Client,
As the woman was legally divorced, had no children and died intestate her ex-husband or in-laws have no right to inherit her property.
The Succession is governed by Sections 15 and 16 of the Hindu Succession Act, 1956. Accordingly, her surviving mother will inherit her self-acquired property as her father has already passed away. Her brother and sister will inherit only after her mother’s death.
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- As per Section 15(1)(b) of the Hindu Succession Act, if a female Hindu dies intestate leaving no son, daughter, or husband, her property devolves upon the heirs of the husband.
- However, a divorced husband is not a "husband" for the purposes of succession, and after a valid divorce, there are no heirs of the husband to inherit through this provision.
- Hence, the succession moves to Section 15(1)(c), under which the property devolves upon her mother and father. Since her father is no longer alive, her mother alone inherits the entire self-acquired property.
- Further, her brother and sister do not inherit while the mother is alive. They would inherit only if there were no surviving mother or father.
Sir/Madam,
In the present circumstances, the property would go to mother first.
