Female Hindu Dying Intestate — Section 15 — KSLU Family Law 1 Notes
Female Hindu Dying Intestate — Section 15
Unlike Section 8 (a strict Class I → Class II → Agnates → Cognates ladder), Section 15 groups a female Hindu’s heirs differently — and adds a special rule about the source of the property:
| Rule | What it says |
|---|---|
| S.15(1)(a) | Sons, daughters (incl. children of predeceased children) and husband take simultaneously, as the first preference |
| S.15(2)(a) | Property inherited from parents → reverts to father’s heirs, but only if she leaves no children |
| S.15(2)(b) | Property inherited from husband or father-in-law → reverts to husband’s heirs, but only if she leaves no children |
In Simple Terms: If a woman has children, the source-based reversion rules in S.15(2) simply do not switch on — her children inherit, full stop. The reversion rules only matter when she dies childless, and even then only to decide which side (paternal or marital) gets the property back, based on where it originally came from.