1) A married woman obtained by way of gift two sums of Rs. 10000 each
from her father and father-in-law. She died in 1960 and is survived by
her husband's sister and her own sister. On which of them will the
property devolve ?
Though the property has been obtained from father and father-in-law, it was not obtained by inheritance but by gift. So clause (2) of Sec. 15 does not apply.
The property in the absence of her children and her husband devolves upon heirs of the husband. So the husband's sister takes the property.
2) A Hindu woman dies leaving her so, daughter and brother; son and daughter of her deceased husband by another wife. A has property inherited from her mother. Distribute the property.
Under the Hindu Succession Act of 1956 -- So long as there are children the source of the stridnana is immaterial. The devolution of all property would be as follows: The son and daughter of her husband by another wife are her step-children. They do not come under the head of "son" and "daughter" in Sec. 15. They can come in only as heirs of husband under sub-clause (b). Brother can come only as "heir of the father" under sub-clause (c).
So only the son and daughter take the property to the exclusion of the other relations. Each takes a half of the property.
Pre 1956 Law --- The property, other than what A inherited from her mother, is her stridhana. It devolves on the stridhana of A. Her daughter excludes the rest. The property inherited from mother is stridhana only in Bombay. In other schools it is not stridhana and on A's death, it will go to the stridhana heirs of her mother. Here the daughter's daughter will exclude the rest. That is, A's daughter will take this property also.
3) A died in 1933. His daughter B become heir. She dies in 1969 without issue. The property is claimed by A's sister and B's husband. Decided.
Since inherited the property from her father, it goes to the father's heir (viz his sister)
4) A daughter inherits her mother's Stridhana. Who is the heir to the property after her death ?
Bombay school -- property inherited from a female becomes stridhana under the Bombay school. So it will devolve on her own heirs if she dies intestate without alienating it during her life-time.
Dayabhaga, Benares, Mithila and Madras schools -- Property inherited by a woman is taken by her only for a limited estate. This is so even it the propositus is a female, so on the death of the female heir, the heirs of the last holder (Whether a male or a female owner of stridhana) will take the property.
Hindu Succession Act of 1956 -- Under the act of 1956 if the daughter who inherited her mother's stridhana dies intestate without issue and without issue of such issue who might have pre-deceased her, that property devolves upon the heirs of her father. It would be assumed for this purpose that the father died immediately after the intestate's death.
Though the property has been obtained from father and father-in-law, it was not obtained by inheritance but by gift. So clause (2) of Sec. 15 does not apply.
The property in the absence of her children and her husband devolves upon heirs of the husband. So the husband's sister takes the property.
2) A Hindu woman dies leaving her so, daughter and brother; son and daughter of her deceased husband by another wife. A has property inherited from her mother. Distribute the property.
Under the Hindu Succession Act of 1956 -- So long as there are children the source of the stridnana is immaterial. The devolution of all property would be as follows: The son and daughter of her husband by another wife are her step-children. They do not come under the head of "son" and "daughter" in Sec. 15. They can come in only as heirs of husband under sub-clause (b). Brother can come only as "heir of the father" under sub-clause (c).
So only the son and daughter take the property to the exclusion of the other relations. Each takes a half of the property.
Pre 1956 Law --- The property, other than what A inherited from her mother, is her stridhana. It devolves on the stridhana of A. Her daughter excludes the rest. The property inherited from mother is stridhana only in Bombay. In other schools it is not stridhana and on A's death, it will go to the stridhana heirs of her mother. Here the daughter's daughter will exclude the rest. That is, A's daughter will take this property also.
3) A died in 1933. His daughter B become heir. She dies in 1969 without issue. The property is claimed by A's sister and B's husband. Decided.
Since inherited the property from her father, it goes to the father's heir (viz his sister)
4) A daughter inherits her mother's Stridhana. Who is the heir to the property after her death ?
Bombay school -- property inherited from a female becomes stridhana under the Bombay school. So it will devolve on her own heirs if she dies intestate without alienating it during her life-time.
Dayabhaga, Benares, Mithila and Madras schools -- Property inherited by a woman is taken by her only for a limited estate. This is so even it the propositus is a female, so on the death of the female heir, the heirs of the last holder (Whether a male or a female owner of stridhana) will take the property.
Hindu Succession Act of 1956 -- Under the act of 1956 if the daughter who inherited her mother's stridhana dies intestate without issue and without issue of such issue who might have pre-deceased her, that property devolves upon the heirs of her father. It would be assumed for this purpose that the father died immediately after the intestate's death.
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