Under the Hindu Succession Act, 1956, when a Hindu female dies intestate (without a will), her property devolves as per Section 15 and Section 16 of the Act

 Under the Hindu Succession Act, 1956, when a Hindu female dies intestate (without a will), her property devolves as per Section 15 and Section 16 of the Act.

---

🔍 Relevant Legal Provisions:

Section 15(1) of the Hindu Succession Act governs the succession of a female Hindu’s property, and Section 16 lays down the rules of succession.

Section 15(1): Order of heirs

The property of a female Hindu dying intestate shall devolve:

(a) first, upon the sons and daughters (including children of any pre-deceased son or daughter) and the husband;

(b) second, upon the heirs of the husband;

(c) third, upon the mother and father;

(d) fourth, upon the heirs of the father;

(e) lastly, upon the heirs of the mother.

---

🧾 Given Scenario Breakdown:

• Deceased: Hindu mother, died intestate.

• Predeceased: Her husband (died earlier).

• Surviving heirs:

  • One living daughter (sister).

  • One predeceased daughter (died earlier), who left behind:

    • A son (grandson of deceased mother).

    • A husband.

---

✅ Legal Succession Based on Section 15(1)(a):

At the time of the mother’s death, the legal heirs in Clause (a) are:

• Daughter (alive) → direct Class I heir.

• Son of predeceased daughter → grandchild through daughter, and as per Section 15(1)(a), child of a predeceased daughter is included.

• Husband of predeceased daughter → not included in clause (a). He is not a legal heir to his mother-in-law under the Hindu Succession Act.

---

📘 Property Distribution:

So the property of the deceased mother will devolve equally between:

1. Her living daughter, and

2. Her grandson (i.e., the son of the predeceased daughter).

Thus, each will get 50% share in the mother’s estate.

---

❌ Excluded:

• The husband of the predeceased daughter does not inherit anything from the mother-in-law under the Hindu Succession Act.

---

📌 Final Answer:

Under Section 15(1)(a) read with Section 16 of the Hindu Succession Act:

• Living daughter → ½ share

• Grandson (son of predeceased daughter) → ½ share

• Husband of predeceased daughter → No share