(10) Order of succession and manner of distribution among heirs of a female
Hindu -Sec.16
The order of succession among the heirs referred to in section 15 shall be, and
the distribution of the intestate's property among those heirs shall take place,
according to the following rules, namely:
Rule 1 - Among the heirs specified in sub-section
(1) of Section 15, those in one entry shall be preferred to those in any
succeeding entry, and those included in the same entry shall take
simultaneously.
Rule 2 - If any son or daughter of the intestate
had pre-deceased the intestate leaving his or her own children alive at the time
of the intestate's death, the children of such son or daughter shall take
between them the share which such son or daughter would have taken if living at
the intestate's death.
Rule 3 - The devolution of property of the
intestate on the heirs referred to in clauses (b), (d) & (e) of sub-section (1)
and in sub-section 2 of Section 15 shall be in the same order and according to
the same rules as would have applied if the property had been the father's or
the mother's or the husband's as the case may be, and such persons had died
intestate in respect there of immediately after the intestate's death.
Simplified Version
(10) Order of succession and manner of distribution among successors of a female
Hindu -Sec.16
Intestate - Person dying without will.
Following rules of succession are to be observed for the order of the succession
among the successors mentioned in the previous point-9, in distribution of the
property of a deceased person dying without a will
Rule 1 - Among the heirs specified below, those in
one entry shall be preferred to those in any succeeding entry, and those
included in the same entry shall take equally.
The property of a female Hindu dying without making a will, shall pass over in
succession according to the following rules:
- first, upon the sons and daughters (including the children of any predeceased
son or daughter) and the husband;
- secondly, upon the heirs of the husband;
- thirdly, upon the mother and father;
- fourthly, upon the heirs of the father; and
- lastly, upon the heirs of the mother.
Rule 2 - Children of any son or daughter who had
died before the deceased person dying without a will, will take between
themselves equal share of there dead parents share had he or she been alive at
the time of the death of the deceased person.
Rule 3 - The passing of property of the person
dying without a will between the successors mentioned in the above clauses (b),
(d), (e) of point(1) shall be in the same order and according to the same rules
as would have applied if the property had been the father's or the mother's or
the husband's as the case may be, and such persons had died without a will,
immediately after the death of the deceased person dying without will.
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