Report No. 207
7. Proposed Amendment
7.1 In Section 15 of Hindu Succession Act, 1956, 15 (2) (c) be added.
"(c) if a female Hindu leaves any self acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any pre-deceased son or daughter), the said property would devolve not upon heirs as mentioned in sub Section (1) in the chronology, but the heirs in category (b)+(c) would inherit simultaneously. If she has no heirs in category (c), then heirs in category (b) + (d) would inherit simultaneously."
7.2 Thus, Section 15 along with the proposed amendment will be as under :
15. General rules of succession in the case of female Hindus - (1) The property of a female Hindu dying intestate shall devolve according to the rule set out in Section 16, -
(a) firstly, upon the sons and the daughters (including the children of any pre-deceased son or daughter) and also the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and the 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) and 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 heirs of the husband; and
(c) if a female Hindu leaves any self acquired property, in the absence of husband and any son or daughter of the deceased (including the children of any predeceased son or daughter), the said property would devolve not upon heirs as mentioned in sub Section (1) in the chronology, but the heirs in category (b)+ (c) would inherit simultaneously and if she has no heirs in category (c), then heirs in category (b)+(d) would inherit simultaneously and so on.
7.3 It is recommended accordingly.
Dr. Justice AR. Lakshmanan
Chairman
Prof. Dr. Tahir Mahmood
Member
Dr. D.P. Sharma
Member-Secretary
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