As per the current legal system of India, people from different religions are governed by their own personal laws in matters of marriage, inheritance, guardianship, separation, succession etc. Anatypical fact about this Act is that it makes a difference between the intestate succession of males and females. The Hindu female intestate succession is moreover dependent on the source from which the property was received by the deceased female.The succession of Hindus is governed under the Hindu Succession Act, 1956. The Hindu Succession Act 1956 gives to a Hindu female a complete title over the properties which under the traditional Hindu law she held as a limited owner of the property. This section was a step forward towards social amelioration of women who had been subjected to gross discrimination in matter of inheritance. Section 15 of the Act delineates the heirs of a female Hindu and the order in which they are to succeed to her property if she dies intestate which means without making a Will. The property of a Hindu female under the Hindu Succession Act has been divided into three categories. First property inherited by a female from her mother or father, property inherited from her father-in-law or husband and the third one is, the properties which are not received by the first two categories which mean self acquired property. Under Section 15 of the Hindu Succession Act 1956 provides that the property of female Hindu dying intestate shall devolve according to the rules set out in section 16 of the Act, the general rule for succession of all kinds of the properties is that it will pass on to the husband and children of deceased female. However, if there is no one in existence from the above situations at the time when succession opens, the first type on the death of Hindu female the property would be back to her parent’s family and the second type by the heirs of her husband which means on the death of the Hindu female the property will pass over to and devolve upon only sons and daughter who she had begotten from her husband. This succession procedure is for third type of property, which includes the self acquired properties or from any other source or properties received in any other manner provided that female, has complete right in that property. Section 15 of the Hindu succession Act 1956, provides general rules of succession in the case of female Hindu as
- Firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband.
- Secondly, upon the heirs of the husband.
- Thirdly, upon the mother and father.
- Fourthly, upon the heirs of the father.
- Lastly, upon the heirs of the mother.
It is important for heirs of a Hindu female who dies without a Will to seek thorough legal advice from top lawyers in property matters to understand their right in the estate. However, if the Hindu female has left behind a valid will and testament, the estate with be bequeathed as per the testament.