File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Females Property-Devolution If

Admittedly,Sub section (2) (b) provides for the mode of succession to the property of female Hindu which she had inherited from her husband and State s that the property goes to her husband s heirs. However it has to be borne in mind that Cl(b) operates only "in the absence of any son or daughter of the deceased.

The deceased here obviously refer to the female Hindu . It is true that the words " notwithstanding anything contained in subsection (1) " excludes the provision in sub section (1) in so far as the succession of the property inherited by a female Hindu from her husband concerned.

However,the special mode of succession provided in sub section (2) it self restrict s the application of Cl (b) to cases where there is no son or daughter. Where a son or daughter exist s the heirs of the husband can not succeed according to sub section and the property must go to the son or daughter.

The only question is whether the word "son" should be restricted to the "Son " of the husband from whom the Hindu female inherited the property or it should include Hindu female irrespective of whether they are born of the husband. The word "son" should not be restricted to mean a don of the husband whose property is in dispute. From the language used in sub section (1) and (2) ,it is clear the intention of the legislature was to allow succession of the property to the sons and daughters of the Hindu female only in the absence of such heirs the property would go to the husbands heirs.

It is true that the idea of the property of the deceased husband passing to the previous husband's son is not in consonance with the orthodoxy Hindu Law. But that alone can't be a ground for interpreting the unambiguous language of section 15 differently. In scheme of Hindu Succession Act there are many provision s which are contrary to thr orthodox Hindu law. Inspite of this effect has to be given to them. For instance ,it appears that section 15(b) read the definition of the word related in CL ( j) of section 3 will enable an illegitimate son of the Hindu female to succeed to the estate of her Husband in preference to the husbands heir.

This would be against the spirit of strict Hindu Law but the intention to bring about this effect seems to be deliberate. Raghavacharier in his Hindu Law, 5th Edition, states in his commentary of section 15 at page 915 that the sons must necessarily mean the sons by both marriage s and also the daughters of such marriage including the children of any predeceased son or daughter. The learned commentator is thus of the view that the word "son" should be given its natural meaning and not a restricted to confine it to the son of the husband whose property is left by the Hindu female ( Keshri Parmal Lodhi vs Harprasad A.I.R 1971 M.P 129 at p.p 130 /131 1970 jan L.J 779

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly