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Distribution of Property after Death – Hindu Female

Intestate Succession – Succession Without Will

An intestate succession of a Hindu person in India as per Hindu Succession Bill.  The property of a female Hindu held by her as the full owner, if she dies intestate, would devolve as follows:

• Firstly, upon the children, including the children of any pre-deceased child;
• Secondly, upon the husband;
• Thirdly, upon the mother and father;
• Fourthly, upon the heirs of the husband;
• Fifthly, upon the heirs of the mother; and
• Lastly, upon the heirs of the father.

As per the Hindu Succession Bill, those in the first category would be preferred to those in any succeeding category, and those included in the same category shall take together. If any child of the intestate had pre-deceased the intestate leaving his or her children alive at the time of the intestate’s death, the children of such a child shall take between them the share which such child would have taken if living at the intestate’s death. The devolution of the property of the intestate on the heirs is in the same order and according to the same rules as would have applied if the property had been the husband’s or the mother’s or the father’s, as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

Testamentary Succession – Succession through Will

Hindu’s are allowed to dispose of by Will or other testamentary disposition any property, which is capable of being so disposed of by him/her, under the Indian Succession Act. Further,