Succession to the property of the female Intestate

(a) Hindu women's estate

(b) Law relating to inheritance

(22) Vaddeboyina Tulasamma vs Vaddeboyina Sesha Reddi, AIR 1977 SC 1944

Exapansive interpretation of S14(1) & restrictive interpretation of S14(2) - It will depend on the
facts of each case whthr the same is covered by S14(1) or (2). The question is such cases will be
mostly one of construction of the instrument and ascertainment of the intention therein expressed.
S14(2) is merely a proviso to S14(1). - The property acquired by a Hindu female at a partition or in
lieu of right of maintenance, it is in virtue of a pre-existing' right and thus covered by S14(1) & nt
S14(2) even if the instrument, decree, etc allotting the property prescribes a restricted estate in
the property. S14(2) must be confined to cases whr property is acquired fr the 1st time as a 'new
grant' w/o any pre-existing recognized right.

(23) Jagannathan Pillai vs Kunjithapadam Pillai, AIR 1987 SC 1493

It is futile to contend tht the female shall be in possession of property 'before' the coming into
operation of the HSA. If the property is itself is acquired after the commencement of the Act, thr
cud be no question of property being either in physical or contructive possession of female befr the
coming into operation of the Act, all that is reqd to be shown by her is tht she hd acquired the
property & tht she ws possessed of property at the time when her title ws called into question. - if
reconveyance takes place befr or aftr 1956, the female wud certainly be deemed to be in
possession of property, with the result S14 will apply. By reversal of the original transaction, her
rights wud hv to be ascertained as if she became possessed of the property fr the first time, after
the commencement of the act.

(24) Bhagat Ram vs Teja Singh, AIR 2002 SC 1

Succession to Property of a Female Hindu (originally inherited from her mother)
S15(2) uses the words 'any property inherited by a female Hindu frm her 'father or mother'. Thus
property inherited by a female Hindu frm her father & mother is carved out from a female Hindu
dying intestate. in other words any property of female Hindu, if inherited by her from her father or
mother wud nt fall u/s 15(1) and it shld goto legal heirs of her father u/s 15(2)(a) - It is the source
frm which the property ws inherited by the female, which is more important fr the purpose of
devolution of her property. Even if the female Hindu who is having a ltd ownership becomes full
owner by virtue of S14(1) of the Act, the rules of succession given u/s 15(2)(a) can be applied.

(25) Omprakash vs Radhacharan, 2009(7) SCALE 51

A woman's self acquired property covered by S15(1) & nt S15(2) - Law views the man's estate and
the woman's estate through different spectacles: her autonomy over her property is less complete
than his. There is no dispute tht the properties of the deceased female were 'self acquired', nt
inherited frm her parents. In case of 'self-acquired property' S15(1) will apply & nt S15(2). thus
even though the intestate ws driven out of matrimonial house by her in-laws and she stayed(till
death) with her parents and acquired property through self exertion, in view of the scheme of
succession laid down u/s 15(1), the 'heirs of husband' being in the earlier category than the 'father
or mother/or their heirs', will inherit her property. Further she hd nt made a Will: the only way to
defeat the rights of the 'heirs of husband.'

BAdri Prasad v kanso devi

Sadhu singh v gurdwara sahib