Ashwin Panicker

V Semester

1475

FAMILY LAW II ASSIGNMENT III

State how to distribute the property of the intestate in the following situations. Give your reasons referring to
the relevant legal provisions

1.     A Hindu female dies leaving:

a.  Son

b. Two daughters

c.  Daughter of a predeceased daughter

d. Son of a predeceased son of a predeceased daughter

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question also does not speak about whether the intestate property is acquired from father/mother,
husband/father-in-law or self-acquired/from someone else. So we may have to look into all the possible
scenarios in this case.

But as long as sons or daughters or grandchildren of the female intestate are surviving the female intestate,
the treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors include son, daughter as well as granddaughter. So there is no need to take three different
cases.

Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1) ranks
the entitled persons to the intestate property in the order of preference which is as follows:
i) Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
ii) Secondly, the heirs of the husband
iii) Thirdly, the mother and father
iv) Fourthly, the heirs of the father
v) Lastly, the heirs of the mother

We can see that every heir except the son of a predeceased son of a predeceased daughter is present in the
list mentioned above in Entry I. The great-grandchildren are not included in the Hindu female intestate
property unlike the Hindu male intestate property. So son of a predeceased son of a predeceased daughter is
not an entitled heir to the Hindu female intestate property.

After identifying the entitled heirs, the distribution of the intestate’s property among those heirs take place
according to the Rules laid down in Section 16. Rule 1 of Section 16 says that those in one entry shall be
preferred to those in any succeeding entry, and those included in the same entry shall take
simultaneously. As Son, Two Daughters and Daughter of a predeceased daughter belong to the same entry
I, they will take the share simultaneously.

Also, Rule 2 of Section 16 will be applicable here which says ―If any son or daughter of the intestate had
pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the
children of such son or daughter shall take between them the share which such son or daughter would have
taken if living at the intestate’s death. This means that devolution will be according to per-stripes division.
2. A is female Hindu. She had adopted a daughter before her marriage. After her marriage, a son
was born to her. She died leaving behind her son, husband, mother and adopted daughter.

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question also does not speak about whether the intestate property is acquired from father/mother,
husband/father-in-law or self-acquired/from someone else. So we may have to look into all the possible
scenarios in this case.

But as long as sons or daughters or grandchildren of the female intestate are surviving the female intestate,
the treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors include son and daughter. So no need to take three different cases.

With respect to Adopted Daughter, although the expression “daughter" is not defined under the Hindu
Succession Act 1956, it would include both a natural daughter as well as a daughter adopted in accordance with
the law relating to adoption among Hindus in force at the time of adoption. This is because as per Section 12 of
the Hindu Adoption and Maintenance Act, 1956, a legally adopted child is deemed to be the child of his or
her adoptive father or mother for all purposes with effect from the date of the adoption and all the ties of the
child in the family of his or her birth shall be deemed to be severed and replaced by those created by the
adoption in the adoptive family, from the date of adoption.

Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1) ranks
the entitled persons to the intestate property in the order of preference which is as follows:

i). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the husband.

ii). Secondly, the heirs of the husband

iii). Thirdly, the mother and father

iv). Fourthly, the heirs of the father

v). Lastly, the heirs of the mother

We can see that son, adopted daughter and husband belong to entry I whereas mother belongs to entry III.
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry, and
those included in the same entry shall take simultaneously.
As Son, Adopted Daughter and Husband belong to entry I, they will take the share simultaneously and will
be preferred over mother.

3. A Hindu female
dies leaving

a.  Mother

b. Brother

c.  Mother-in law

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question also does not speak about whether the intestate property is acquired from father/mother,
husband/father-in-law or self-acquired/from someone else. So we may have to look into all the possible
scenarios in this case.

But as long as sons or daughters or grandchildren of the female intestate are surviving the female intestate,
the treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does not include any of them. So, we will have to look at Section 15 (2) to take three different
cases.
I. In case of self-acquired property/acquired from someone other than father/mother,
husband/father-in-law:
Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:
a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
b). Secondly, the heirs of the husband
c). Thirdly, the mother and father
d). Fourthly, the heirs of the father
e). Lastly, the heirs of the mother
We can see that the Mother of the female intestate will come in entry III of Section 15 (1), Brother will
come in entry IV as heirs of the father and Mother-in-law will come in entry II as heirs of the
husband.
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously.
So, Mother-in-law will be preferred over the mother and brother of the female intestate and will get
the entire intestate property.

II. I n c a s e o f p
The

application of Section 15 (2) becomes important when the intestate property acquired from
father/mother, leaves no sons, daughters or grandchildren as survivors of the female intestate, as
is in the present case. In such a scenario, the preference given in Section 15 (1) is nullified and the
property straightaway goes to the Heirs of the Father which is entry IV.

Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
 same way as they should have been applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.

In the present case, since Brother and Mother are the heirs of the father, the father of the female
intestate will be presumed to have died immediately after the intestate’s death. And rules of Hindu
male intestate will be applied. Here, there are two claimants which invokes the application Section
8 and 9 to determine the devolution of the property. Brother and Mother of the female intestate can
also be called as Son and Widow of the father of the intestate and both the Son and the Widow are
class I heirs. All the class I heirs share the property equally among them keeping in mind the rules
laid down in Section 10.

III. In case of property acquired from husband/father-in-law:

The application of Section 15 (2) becomes important when the intestate property acquired from
husband/father-in-law, leaves no sons, daughters or grandchildren as survivors of the female
intestate, as is in the present case. In such a scenario, the preference given in Section 15 (1) is
nullified and the property straightaway goes to the Heirs of the husband which is entry II.

Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
same way as they should have been applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
 In the present case, since Mother-in-law is heir of the husband, the husband of the female intestate
will be presumed to have died immediately after the intestate’s death. And rules of Hindu male
intestate will be applied. But since there are no other claimants, we can straightaway give it to Mother-
in-law without the application of Section 8 and 9.
4. A
Hindu

female dies leaving:

a.  Father
b. Step mother
c.  Brother.

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question also does not speak about whether the intestate property is acquired from father/mother,
husband/father-in-law or self-acquired/from someone else. So we may have to look into all the possible
scenarios in this case.

But as long as sons or daughters or grandchildren of the female intestate are surviving the female intestate,
the treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does not include any of them. So, we will have to look at Section 15 (2) to take three different
cases.

I. In case of self-acquired property/acquired from someone other than father/mother,

husband/father-in-law:
 Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:

a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.

b). Secondly, the heirs of the husband

c). Thirdly, the mother and father

d). Fourthly, the heirs of the father

e). Lastly, the heirs of the mother

We can see that the Father of the female intestate will come in entry III of Section 15 (1), Brother and
Stepmother will come in entry IV as heirs of the father.
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously. Since father appears above brother,
Father will be preferred over Brother and will get the entire intestate property.

II. In case of property acquired from Father/Mother:

The application of Section 15 (2) becomes important when the intestate property acquired from
father/mother, leaves no sons, daughters or grandchildren as survivors of the female intestate, as
is in the present case. In such a scenario, the preference given in Section 15 (1) is nullified and the
property straightaway goes to the Heirs of the Father which is entry IV.
Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
same way as they should have been applied if the property had been the father’s or the mother’s or the
 husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
In the present case, since Father is one of the heirs left alive, this scenario cannot be assumed.

III. In case of property acquired from husband/father-in-law:

The application of Section 15 (2) becomes important when the intestate property acquired from
husband/father-in-law, leaves no sons, daughters or grandchildren as survivors of the female
intestate, as is in the present case. In such a scenario, the preference given in Section 15 (1) is
nullified and the property straightaway goes to the Heirs of the husband which is entry II.
Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
same way as they should have been applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
In the present case, there is no heir of the husband present. In such a scenario, the preference list
given is applicable by default and according to which Father of the female intestate will come in entry
III of Section 15 (1), Brother and Stepmother will come in entry IV as heirs of the father
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously. Since father appears above brother,
Father will be preferred over Brother and will get the entire intestate property.

5. A Hindu
female
dies
leaving:
a. Step-mother
b. Brother
c. Sister’s daughter

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question also does not speak about whether the intestate property is acquired from father/mother,
husband/father-in-law or self-acquired/from someone else. So we may have to look into all the possible
scenarios in this case.

But as long as sons or daughters or grandchildren of the female intestate are surviving the female intestate,
the treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does not include any of them. So, we will have to look at Section 15 (2).

I. In case of self-acquired property/acquired from someone other than father/mother,

husband/father-in-law:
Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:
a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
b). Secondly, the heirs of the husband
c). Thirdly, the mother and father
d). Fourthly, the heirs of the father
e). Lastly, the heirs of the mother
We can see that all three heirs, Brother, Sister’s Daughter and Stepmother of the female intestate will
come in entry IV of Section 15 (1).
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously. Since, all three belong to the same
entry IV, they will share it equally among themselves.
II. In case of property acquired from Father/Mother:
The application of Section 15 (2) becomes important when the intestate property acquired from
father/mother, leaves no sons, daughters or grandchildren as survivors of the female intestate, as
is in the present case. In such a scenario, the preference given in Section 15 (1) is nullified and the
property straightaway goes to the Heirs of the Father which is entry IV.
Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
same way as they should have been applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
In the present case, since Brother, Sister’s Daughter and Stepmother are the heirs of the Father, the
father of the female intestate will be presumed to have died immediately after the intestate’s
death. And rules of Hindu male intestate will be applied. Here, there are two claimants which
invokes the application Section 8 and 9 to determine the devolution of the property. Brother, Sister’s
Daughter and Stepmother of the female intestate can also be called as Son, Granddaughter and one
of the Widows of the father of the intestate and both the Son and the Widow are class I heirs. All the
class I heirs share the property equally among them keeping in mind the rules laid down in Section
10.
III. In case of property acquired from husband/father-in-law:
The application of Section 15 (2) becomes important when the intestate property acquired from
husband/father-in-law, leaves no sons, daughters or grandchildren as survivors of the female
intestate, as is in the present case. In such a scenario, the preference given in Section 15 (1) is
nullified and the property straightaway goes to the Heirs of the husband which is entry II.
Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
same way as they should have been applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
In the present case, there is no heir of the husband present. In such a scenario, the preference list
given is applicable by default and according to which all three heirs, Brother, Sister’s Daughter and
Stepmother of the female intestate will come in entry IV of Section 15 (1).
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously. Since, all three belong to the same
entry IV, they will share it equally among themselves.
6. A Hindu female dies leaving:

a.  Husband
b. Son
c.  Illegitimate daughter
d. Widow of a predeceased son

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question also does not speak about whether the intestate property is acquired from father/mother,
husband/father-in-law or self-acquired/from someone else. So we may have to look into all the possible
scenarios in this case.

But as long as sons or daughters or grandchildren of the female intestate are surviving the female intestate,
the treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors include son and illegitimate daughter. So, no need to three different scenarios.

With respect to illegitimate children, under Section 3(1) (j) of Hindu Succession Act, illegitimate children are
deemed to be related by illegitimate kinship to their mother and to one another, and their legitimate
descendants are deemed to be related by legitimate kinship to them and one another. An illegitimate child can
inherit the property of his or her mother or of his or her illegitimate brother or sister (uterine blood), but
not his father.

Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1) ranks
the entitled persons to the intestate property in the order of preference which is as follows:

i). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the husband.

ii). Secondly, the heirs of the husband

iii). Thirdly, the mother and father

iv). Fourthly, the heirs of the father

v). Lastly, the heirs of the mother

We can see that son, illegitimate daughter and husband belong to entry I whereas widow of a predeceased
son is not included in the list unlike in the case of Hindu male intestate property. So, widow of a predeceased
son will not be an entitled heir to the Hindu female intestate property.

After identifying the entitled heirs, the distribution of the intestate’s property among those heirs take place
according to the Rules laid down in Section 16. Rule 1 of Section 16 says that those in one entry shall be
preferred to those in any succeeding entry, and those included in the same entry shall take
simultaneously. As Son, Illegitimate Daughter and Husband belong to the same entry I, they will take the
share simultaneously.

7. A Hindu
female
dies

leaving:
a.  Brother
b. Sister
c.  Widow of a predeceased son.
Her property includes self-acquired property and the property inherited from father.

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question specifies two kinds of property: Self-acquired (X) and inherited from Father (Y).
As long as sons or daughters or grandchildren of the female intestate are surviving the female intestate, the
treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does not include any of them.

I. In case of self-acquired property/acquired from someone other than father/mother,

husband/father-in-law (X):
Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:
a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
b). Secondly, the heirs of the husband
c). Thirdly, the mother and father
d). Fourthly, the heirs of the father
e). Lastly, the heirs of the mother
We can see that Brother and Sister belong to entry IV as Heirs of Father whereas widow of a
predeceased son is not included in the list unlike in the case of Hindu male intestate property. So,
widow of a predeceased son will not be an entitled heir to the Hindu female intestate property.
After identifying the entitled heirs, the distribution of the intestate’s property among those heirs take
place according to the Rules laid down in Section 16. Rule 1 of Section 16 says that those in one entry
shall be preferred to those in any succeeding entry, and those included in the same entry shall take
simultaneously.
As Brother and Sister belong to the same entry IV, they will take the share the property (X)
simultaneously.

II. In case of property (Y) acquired from Father:

 The application of Section 15 (2) becomes important when the intestate property acquired from
father/mother, leaves no sons, daughters or grandchildren as survivors of the female intestate, as
is in the present case. In such a scenario, the preference given in Section 15 (1) is nullified and the
property straightaway goes to the Heirs of the Father which is entry IV.
Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
same way as they should have been applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
In the present case, since Brother and Sister are the heirs of the Father, the father of the female
intestate will be presumed to have died immediately after the intestate’s death. And rules of Hindu
male intestate will be applied. Here, even Widow of a predeceased son will be considered. So there
are three claimants which invokes the application Section 8 and 9 to determine the devolution of the
property. Brother, Sister and Widow of a predeceased son of the female intestate can also be called as
Son, Daughter and Widow of a predeceased Son of a predeceased Daughter (Grandson’s Widow)
of the father of the intestate and both the Son and Daughter are class I heirs. Widow of a
predeceased son of a predeceased daughter is not included in Class I so she won’t get any share.
All the class I heirs share the property (Y) equally among them keeping in mind the rules laid down
in Section 10.

8. A Hindu female dies leaving

a.  Daughter’s daughter

b. Husband
c.  Mother.
The property includes her self-acquired property and property inherited from her father

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question specifies two kinds of property: Self-acquired (X) and inherited from Father (Y).

As long as sons or daughters or grandchildren of the female intestate are surviving the female intestate, the
treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does include granddaughter.
I. In case of self-acquired property/acquired from someone other than father/mother,
husband/father-in-law (X):
Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:
a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
b). Secondly, the heirs of the husband
c). Thirdly, the mother and father
d). Fourthly, the heirs of the father
e). Lastly, the heirs of the mother
We can see that Daughter’s daughter and Husband belong to entry I whereas Mother is included in
entry III. Rule 1 of Section 16 says that those in one entry shall be preferred to those in any
succeeding entry, and those included in the same entry shall take simultaneously.

So, Daughter’s daughter and Husband will get preference over Mother of the Intestate and will
take the shares of the property (X) equally.
II. In case of property (Y) acquired from Father:
The application of Section 15 (2) becomes important when the intestate property acquired from
father/mother, leaves no sons, daughters or grandchildren as survivors of the female intestate. In
such a scenario, the preference given in Section 15 (1) is nullified and the property straightaway goes
to the Heirs of the Father which is entry IV.
But, Section 15 (2) will not apply here as granddaughter is present and in such a scenario, the
preference list given in Section 15 (1) is applicable by default.
We can see that Daughter’s daughter and Husband belong to entry I whereas Mother is included in
entry III. Rule 1 of Section 16 says that those in one entry shall be preferred to those in any
succeeding entry, and those included in the same entry shall take simultaneously.

So, Daughter’s daughter and Husband will get preference over Mother of the Intestate and will
take the shares of the property (Y) equally.

9. A Hindu female dies leaving:

a.  Daughter
b. Two sons of a predeceased daughter
c.  Son of her husband by his first wife.
Intestate property includes self-acquired property and the property inherited from her husband.

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question specifies two kinds of property: Self-acquired (X) and inherited from husband (Y).

As long as sons or daughters or grandchildren of the female intestate are surviving the female intestate, the
treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does include daughter and grandsons.
I. In case of self-acquired property/acquired from someone other than father/mother,
husband/father-in-law (X):
Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:
a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
b). Secondly, the heirs of the husband
c). Thirdly, the mother and father
d). Fourthly, the heirs of the father
e). Lastly, the heirs of the mother
We can see that Daughter, two sons of Predeceased Daughter belong to entry I whereas Son of the
husband from another wife is included in entry II as heirs of the husband. Rule 1 of Section 16 says
that those in one entry shall be preferred to those in any succeeding entry, and those included in
the same entry shall take simultaneously.
Also, Rule 2 of Section 16 will be applicable here which says ―If any son or daughter of the intestate
had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s
death, the children of such son or daughter shall take between them the share which such son or
 daughter would have taken if living at the intestate’s death. This means that devolution will be
according to per-stripes division.

Husband and another wife

are mentioned only for
understanding purposes in the above figure.

II. In case of property (Y) acquired from Husband:

The application of Section 15 (2) becomes important when the intestate property acquired from
husband/father-in-law, leaves no sons, daughters or grandchildren as survivors of the female
intestate. In such a scenario, the preference given in Section 15 (1) is nullified and the property
straightaway goes to the Heirs of the Husband which is entry II.
But, Section 15 (2) will not apply here as daughter and grandsons are present and in such a
scenario, the preference list given in Section 15 (1) is applicable by default.
We can see that Daughter, two sons of Predeceased Daughter belong to entry I whereas Son of the
husband from another wife is included in entry II as heirs of the husband. Rule 1 of Section 16 says
that those in one entry shall be preferred to those in any succeeding entry, and those included in
the same entry shall take simultaneously.
Also, Rule 2 of Section 16 will be applicable here which says ―If any son or daughter of the intestate
had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s
death, the children of such son or daughter shall take between them the share which such son or
 daughter would have taken if living at the intestate’s death. This means that devolution will be
according to per-stripes division.

10. A Hindu female dies

leaving:

a.  Son and daughter of her deceased husband by his first wife.

b. Brother

c.  Step- mother

Property includes self-acquired property and the property inherited from her mother.

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question specifies two kinds of property: Self-acquired (X) and inherited from Mother (Y).
As long as sons or daughters or grandchildren of the female intestate are surviving the female intestate, the
treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does not include any of them.
I. In case of self-acquired property/acquired from someone other than father/mother,
husband/father-in-law (X):
Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:
a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
b). Secondly, the heirs of the husband
c). Thirdly, the mother and father
d). Fourthly, the heirs of the father
e). Lastly, the heirs of the mother
We can see that Brother and Stepmother belong to entry IV as Heirs of father whereas Son and
Daughter of the husband from another wife is included in entry II as Heirs of the husband. Rule 1
of Section 16 says that those in one entry shall be preferred to those in any succeeding entry, and
those included in the same entry shall take simultaneously.
So, Son and Daughter of husband from another wife will be preferred over brother and
stepmother and both son and daughter will get the equal share of the property (X).

II. In case of
property (Y) acquired from Mother:
 The application of Section 15 (2) becomes important when the intestate property acquired from
father/mother, leaves no sons, daughters or grandchildren as survivors of the female intestate. In
such a scenario, the preference given in Section 15 (1) is nullified and the property straightaway goes
to the Heirs of the Father which is entry IV.
Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b) [heirs
of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in the
same way as they should have been applied if the property had been the father’s or the mother’s or the
husband’s as the case may be, and such person had died intestate in respect thereof immediately after the
intestate’s death.
In the present case, since Brother and Stepmother are the heirs of the Father, the father of the
female intestate will be presumed to have died immediately after the intestate’s death. And rules of
Hindu male intestate will be applied. So there are two claimants which invokes the application
Section 8 and 9 to determine the devolution of the property. Brother and Stepmother of the female
intestate can also be called as Son, one of the Widows of the father of the intestate and both the Son
and Widow are class I heirs. All the class I heirs share the property (Y) equally among them
keeping in mind the rules laid down in Section 10.

11. A Hindu female dies leaving:

a.  Maternal Uncle

b. Maternal Aunt

c.  Uterine brother

Section 14 of Hindu Succession Act talks about how a female Hindu will be the absolute owner of her
property and not a limited owner unless of course there is evidence to the contrary by way of will or some
other instrument or a decree or order of a civil court prescribing a restricted estate. Since, the question makes
no statement on restricted estate, we can presume that Hindu female intestate in this case is an absolute owner
of the property.

The question also does not speak about whether the intestate property is acquired from father/mother,
husband/father-in-law or self-acquired/from someone else. So we may have to look into all the possible
scenarios in this case.

But as long as sons or daughters or grandchildren of the female intestate are surviving the female intestate,
the treatment for any kind of property will be governed by Section 15 (1). And in the present question, the
survivors does not include any of these people. So, we will have to look at Section 15 (2).

I. In case of self-acquired property/acquired from someone other than father/mother,

husband/father-in-law:
Section 15 talks about the General Rules of Succession in case of Female Hindus and Section 15 (1)
ranks the entitled persons to the intestate property in the order of preference which is as follows:
a). Firstly, sons and daughters (including the children of any pre-deceased son or daughter) and the
husband.
b). Secondly, the heirs of the husband
c). Thirdly, the mother and father
d). Fourthly, the heirs of the father
e). Lastly, the heirs of the mother
We can see that all three heirs, Maternal Uncle, Maternal Aunt and Uterine Brother of the female
intestate will come in entry V of Section 15 (1) as heirs of the Mother.
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously.
 But Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b)
[heirs of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in
the same way as they should have been applied if the property had been the father’s or the mother’s or
the husband’s as the case may be, and such person had died intestate in respect thereof immediately after
the intestate’s death.

In the present case, the mother of the female intestate will be presumed to have died immediately
after the intestate’s death. And rules of Hindu female intestate will be applied. Here, there are two
claimants which invokes the application Section 15 and 16 again, which will determine the
devolution of the property. Maternal Uncle, Maternal Aunt and Uterine Brother of the female
intestate can also be called as Son, brother and sister of the mother of the intestate and Son comes in
entry I. And Brother and Sister will be Heirs of father in entry IV.

So, uterine brother will get preference over Maternal Uncle and Maternal Aunt and will get the
entire intestate property.

II. In case of property acquired from Father/Mother:

The application of Section 15 (2) becomes important when the intestate property acquired from
father/mother, leaves no sons, daughters or grandchildren as survivors of the female intestate, as
is in the present case. In such a scenario, the preference given in Section 15 (1) is nullified and the
property straightaway goes to the Heirs of the Father which is entry IV.
But in the present case, there is no one present from the heirs of the father and so by default Section
15 (1) will be applied.
 We can see that all three heirs, Maternal Uncle, Maternal Aunt and Uterine Brother of the female
intestate will come in entry V of Section 15 (1) as heirs of the Mother.
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously.

But Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b)
[heirs of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in
the same way as they should have been applied if the property had been the father’s or the mother’s or
the husband’s as the case may be, and such person had died intestate in respect thereof immediately after
the intestate’s death.

In the present case, the mother of the female intestate will be presumed to have died immediately
after the intestate’s death. And rules of Hindu female intestate will be applied. Here, there are two
claimants which invokes the application Section 15 and 16 again, which will determine the
devolution of the property. Maternal Uncle, Maternal Aunt and Uterine Brother of the female
intestate can also be called as Son, brother and sister of the mother of the intestate and Son comes in
entry I. And Brother and Sister will be Heirs of father in entry IV.

So, uterine brother will get preference over Maternal Uncle and Maternal Aunt and will get the
entire intestate property.

III. In
case of property acquired from husband/father-in-law:
The application of Section 15 (2) becomes important when the intestate property acquired from
husband/father-in-law, leaves no sons, daughters or grandchildren as survivors of the female
intestate, as is in the present case. In such a scenario, the preference given in Section 15 (1) is
nullified and the property straightaway goes to the Heirs of the husband which is entry II.
But, in the present case, there is no heir of the husband present so by default the provision of
Section 15 (1) will be applied.
We can see that all three heirs, Maternal Uncle, Maternal Aunt and Uterine Brother of the female
intestate will come in entry V of Section 15 (1) as heirs of the Mother.
Rule 1 of Section 16 says that those in one entry shall be preferred to those in any succeeding entry,
and those included in the same entry shall take simultaneously.

But Rule 3 of Section 16 will be applicable in cases of the devolution of property between clauses (b)
[heirs of the husband], (d) [heirs of the father] and (e) [heirs of the mother]. The rules are applied in
the same way as they should have been applied if the property had been the father’s or the mother’s or
the husband’s as the case may be, and such person had died intestate in respect thereof immediately after
the intestate’s death.

In the present case, the mother of the female intestate will be presumed to have died immediately
after the intestate’s death. And rules of Hindu female intestate will be applied. Here, there are two
claimants which invokes the application Section 15 and 16 again, which will determine the
devolution of the property. Maternal Uncle, Maternal Aunt and Uterine Brother of the female
intestate can also be called as Son, brother and sister of the mother of the intestate and Son comes in
entry I. And Brother and Sister will be Heirs of father in entry IV.