Section 14 of the Hindu Succession Act, 1956 had brought drastic change in concept of property of a female. Now, a female being considered to be complete owner of his property, provided that at the time of implementation of this act.
1. She is Hindu
2. Is living
3. The property is in her possession.
Mangal Singh vs. Smt. Ratnu AIR 1967 S.C 1787
It was held that such possession may be actual or constructive.
D.M. Venkatramannappa vs. Chick dattappa AIR 2006 Karnataka 154
It has been said that where the property has been given to Hindu female for livelihood for lifelong under an agreement in partition, there that property will be treated as absolute property of that female.
Ranveer Diwan vs. Shrimati Rashim Khanna AIR 2018 S.C 62
Where a conditional interest or an interest for lifelong in the property has been provided to the widow by Hindu male through will, there the widow cannot claim for her absolute right in the property.
Anita Verma vs. Saroj Devi AIR 2016 Patna 48
It has been stated that the benefit of section 14 can only be taken by a Hindu widow. Not the drone of her property. Where the whole property has been donated by the widow in her lifetime, there the done cannot claim for the benefits of section 14.
Succession of property of female:
Section 15 of the act provides for the succession of Hindu female dying intestate. Section 15(1) distributes the heirs of the deceased Hindu female in the following five classes:
1. Firstly, sons and daughters and husband
2. Secondly, heirs of husband
3. Thirdly, father and mother
4. Fourthly, heirs of father
5. Finally, heirs of mother
The term son and daughter includes unrighteousness son and daughter – R.A Patil vs. A.B. Redkar AIR 1969 Bombay 208
Parmanand vs. Jagrani AIR 2007 Madhya Pradesh 242
Under section 16(1) of the Hindu Succession act, 1956, illegimate children have been considered as legitimate children for the purpose of succession. Such children are entitled to get share in the property of mother – father.
The property of female can be divided into three categories in respect of succession:
1. Property obtained in succession from father or mother: section 15 (2)(a) says that if any female had received any property succession from her father or mother then such property shall devolve firstly within her sons and daughter and if the sons and daughters do not exist, then it shall devolve, among the heirs of fathers.
2. Property obtained in succession from husband or father – in law: section 15(2) (B) of the act facilitates that if any female receives property in succession from her husband shall firstly devolve among her sons and daughters and in case of non – existence of her sons and daughters, it shall devolve among the heirs of husband.
3. Other property: Excluding the property received in succession from parents and husband or father – in – law, all other properties shall devolve according to the mentioned heirs of section 15 (1). The general rule of preference is that prior class shall have preference over the subsequent class.
Method of distribution:
1. Son, daughter and husband each shall receive one share
2. Sons and daughters of predeceased sons and predeceased daughters shall receive that share which the predeceased would have received if alive.
3. The heirs of the branches of predeceased daughter shall share equally among themselves.
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