“A female Hindu dies leaving behind her two sons, three daughters, father, and mother. Distribute the estate: a) if she received it from her father-in-law, b) if she received it from her father.”
TheSayeed Changed status to publish March 15, 2024
Facts of the Case:
- The deceased female Hindu left behind two sons, three daughters, father, and mother.
Issues in the Case:
- How should the estate be distributed if the deceased received it from her father-in-law?
- How should the estate be distributed if the deceased received it from her father?
Principle:
- The distribution of the estate depends on whether the deceased received it from her father-in-law or her father.
- The Hindu Succession Act, 1956, governs the distribution of property among heirs in case of intestate succession.
Judgement: a) If the property is received from her father-in-law:
- The property shall devolve firstly upon the sons, daughters, and husband of the deceased.
- In the absence of sons, daughters, and husband, it is inherited by the heirs of the husband.
- In this case, since the deceased has left behind two sons and three daughters, the property is divided into 5 equal parts, and each child (2 sons and 3 daughters) receives a share.
- Each child receives a 1/5 share of the estate.
b) If the property is received from her father:
- The property shall devolve firstly upon the sons, daughters, and husband of the deceased.
- In the absence of sons, daughters, and husband, it shall devolve upon the heirs of the father.
- In this scenario, since the deceased Hindu female left behind 5 children (2 sons and 3 daughters), the entire estate shall be divided into 5 equal parts, and each child receives a share.
- Each child receives a 1/5 share of the estate.
Based on the principles outlined in the Hindu Succession Act, 1956, and the specific circumstances of the case, the distribution of the estate is determined accordingly.
TheSayeed Answered question March 15, 2024