Gift Deed of Property
1 month ago
Father had a property in bangalore in his name and was transferred as a gift deed to mohter with registration of the same. Now mother expired and property is back in the name of the father
A.Dear Client,
The property of a deceased female Hindu who died without a will shall be distributed according to the guidelines laid out in Section 16 of the Hindu Succession Act, 1956. These guidelines stipulate the order of succession and the manner in which the property is to be distributed among the heirs.
According to Section 15 of the Act, the property initially devolves upon the sons, daughters, and husband of the deceased, followed by other specified heirs in a particular order. However, if the deceased female Hindu inherited any property from her father or mother and has no surviving sons or daughters, then the property will not devolve upon the heirs mentioned in Section 15(1), but instead upon the heirs of the father.
Section 16 further elaborates on the order of succession and distribution of the property among the heirs. Rule 1 states that heirs in the same category are preferred over those in subsequent categories, and heirs within the same category inherit simultaneously. Rule 2 deals with the situation where a deceased son or daughter of the intestate has children; in such cases, the grandchildren inherit the share their parent would have received if alive. Rule 3 specifies that the property inherited by certain heirs mentioned in Section 15(1) and (2) shall follow the same order and rules of succession as if it were the property of the deceased's father, mother, or husband, respectively, and they had died intestate immediately after the deceased.
The property of a deceased female Hindu who died without a will shall be distributed according to the guidelines laid out in Section 16 of the Hindu Succession Act, 1956. These guidelines stipulate the order of succession and the manner in which the property is to be distributed among the heirs.
According to Section 15 of the Act, the property initially devolves upon the sons, daughters, and husband of the deceased, followed by other specified heirs in a particular order. However, if the deceased female Hindu inherited any property from her father or mother and has no surviving sons or daughters, then the property will not devolve upon the heirs mentioned in Section 15(1), but instead upon the heirs of the father.
Section 16 further elaborates on the order of succession and distribution of the property among the heirs. Rule 1 states that heirs in the same category are preferred over those in subsequent categories, and heirs within the same category inherit simultaneously. Rule 2 deals with the situation where a deceased son or daughter of the intestate has children; in such cases, the grandchildren inherit the share their parent would have received if alive. Rule 3 specifies that the property inherited by certain heirs mentioned in Section 15(1) and (2) shall follow the same order and rules of succession as if it were the property of the deceased's father, mother, or husband, respectively, and they had died intestate immediately after the deceased.
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A.Dear Client,
Once the Donor gifts a property to the donee, the property becomes a self-acquired property in the hand of the donee and he or she can dispose of the property as per his/her choice. On the demise of Donee leaving no will, the surviving legal heirs of the Donee are entitled to an equal share of the said property following the provision of intestate succession as prescribed under the Hindu Succession Act, 1956.
Once the Donor gifts a property to the donee, the property becomes a self-acquired property in the hand of the donee and he or she can dispose of the property as per his/her choice. On the demise of Donee leaving no will, the surviving legal heirs of the Donee are entitled to an equal share of the said property following the provision of intestate succession as prescribed under the Hindu Succession Act, 1956.
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A.Dear Sir,
It cannot be reverted back but it is treated as Streedhan and devolved as per Section 15 of Succession Act as below:
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Section 15 in The Hindu Succession Act, 1956
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 mother and 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) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
Section 16 in The Hindu Succession Act, 1956
16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section
(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—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. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have 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.
It cannot be reverted back but it is treated as Streedhan and devolved as per Section 15 of Succession Act as below:
=====================================================================================
Section 15 in The Hindu Succession Act, 1956
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 mother and 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) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
Section 16 in The Hindu Succession Act, 1956
16. Order of succession and manner of distribution among heirs of a female Hindu.—The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestates property among those heirs shall take place according to the following rules, namely:— Rule 1.—Among the heirs specified in sub-section
(1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those included in the same entry shall take simultaneously. Rule 2.—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. Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have 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.
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