Whenever you ask for any civil law in India first thing which you should mention the religion of the parties concerning the question as there is no common civil law in India & all civil laws are based on the religion of the person concerned. Considering this question relates to Hindu family, the Hindu Succession Act,1956 provides in section 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 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 heirs of the father, and
(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 heirs of the husband.
The Children of the intestate (i.e. without leaving any testamentary document such as ‘Will’) Hindu Female share in equal proportion amongst themselves all the property of their mother along with their father if he is alive. When we say property of female it means her self acquired property which include all the property she bought herself during her lifetime or which she inherited being the legal heir of her parents or husband or any other relative as the case maybe or even as a Coparcener in the Joint Hindu Family wherein she had share in the Ancestral Property & on the partition of the Ancestral property she acquired her share from it.
Indian hindu undivided family. Narayan and Malati have 5 sons, one daugher Sima. Daugher Sima is married and gave birth 2 children. When the youngest Child of Sima was 3 years old, Sima died. Then her husband Ashok has married again. His present wife is Dipanjana. Dipanjana has adopted Sima s children!
The question is: whether the biological children of Sima, who were adopted by Dipanjana have right to the property of their biological mother s r parents ( Malati & Narayan) property? The property is still undivided. What is the Act & § no or what is the virdict no?
Assuming the mother is a hindu & property was inheritd from her parents,on her demise intestate the property will devole upon two categories.1.sons, daughters, sons & daughters of predeceased son & sons& daughters of predeceased daughter.(husband is not a heir)
2.upon the heirs of her father.as if it was the property of her father.
If the property is inherited then it will be governed according to 15(2) of hindu succession Act 1955.
If it is an ancestral property and if she dies, all the legal heirs share equally.
If it is a self acquired property, she can bequeath it to any body, through a will or by any other deed executed during her life time; If she dies intestate- without making any will, the property devolves on all the legal heirs in equal proportion.
my mother died in the year 1992,kindly advise me over my right on the property of my mothers father who also died in thet year 2014 without making any will.i am being the only son of my mother
husband made property on his wife name, what is the rights on the property for their children s?
Do she has rights to give anybody as she likes/
confident, this even applies to chairs, “i became sitting there first”, “yeah, yet to procure up”, “just to bypass get some thing to drink”, “that became an hour in the past”, “so, it rather is been mine provided that an hour in the past”….and this is going on and on!!!!!!!