Succession of Property of an Issueless Hindu Female Dying Intestate

Dear Client,
Section 15 of the Hindu Succession Act, 1956 governs the succession of property of an issueless Hindu female dying intestate, i.e, without any WILL. As per Section 15(1) of the Act, if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband. As per Section 15(1)(a) of the Act, a female Hindu dies leaving behind her husband or any issue, then the properties left behind including the properties which she inherited from her parents would devolve simultaneously upon her husband and her issues. Section 15(1)(d) provides that failing all heirs of the female specified in Entries (a)-(c) of Section 15(1), but not until then, all her property howsoever acquired will devolve upon the heirs of the father. As per Section 15(2) of the Act, if the female Hindu dies without issue and if the property was inherited from her father or mother, it will go back to the heirs of her father. Thus, when the property goes back to the father's heirs, then the brothers' heirs (including those who are deceased before or after 2008) would potentially have a claim over the said property as part of the father's legal heirs. The Hon'ble Supreme Court in the case of Arunachala Gounder v. Ponnusamy, 2022 SCC On Line SC 72, decided on 20.01.2022, held that if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband. Hence, it is recommended to consult with an experienced property Lawyer to understand your rights and remedies to navigate the issue effectively.

Dear Sir,

Under Hindu Succession Act, 1956, as amended, the succession of the property of a Hindu female dying intestate depends on:

The source of the property, and

Her surviving heirs at the time of her death.

Since the female died intestate in 2008 and the property was inherited from her parents, the applicable law is governed by Section 15(2)(a) of the Hindu Succession Act:

Relevant Provision: Section 15(2)(a)
“Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter (including children of any pre-deceased son or daughter), upon the heirs of the father.”

Key Points for Your Case:

Female Hindu died issueless and intestate in 2008.

Property came from her parents (i.e., inheritance).

As per Section 15(2)(a), the property will devolve upon the heirs of her father.

Who are the heirs of her father?
The heirs of a Hindu male (her father) are listed under Class I and Class II of the Schedule to the Hindu Succession Act. Since the female had no children, we look to her father's Class II heirs.

In this case, the female's brothers and sisters are Class II heirs of her father.

What about predeceased brothers and their children?
Now, the crucial question is: Should we consider only those siblings who were alive in 2008, or also the children of siblings who predeceased her?

As per legal interpretation and judgments (e.g., Rajeswari v. Satyanarayan, Bhagat Ram v. Teja Singh), succession opens at the time of her death, i.e., in 2008. Hence:

Only those persons who were alive on the date of her death (in 2008) and are heirs of her father can inherit.

If a brother or sister had already died before 2008, their children have no claim unless they independently qualify as heirs of the father (which they usually don’t unless in special cases).

If a brother died after 2008, and was alive at the time of her death, then his legal heirs can inherit his share by succession or representation.