When a Hindu woman dies without making a will (intestate), leaving behind her husband and children (sons and/or daughters, including the children of any predeceased child), her property devolves simultaneously and in equal shares among them under Section 15(1)(a) read with Section 16 of the Hindu Succession Act, 1956.
For a female intestate, Section 16 provides that heirs falling within the same “entry” under Section 15(1) inherit simultaneously and in equal shares, and an earlier entry excludes the subsequent entries.
Rule of Distribution, if She Leaves Her Husband and One Son
If she leaves behind her husband and one son, the property is divided into two equal shares — 50% to the husband and 50% to the son.
If there are more surviving children, the property is divided equally among all persons falling within the first entry (husband + all children, per capita).
This rule applies regardless of how she acquired the property — whether self-acquired, inherited, or received as a gift — except where the special source-based rule under Section 15(2) applies in the case of an intestate woman who dies without leaving any surviving children or grandchildren.
If the Woman Dies Issueless, and the Property Came from Her Parents or Husband
Section 15(2) applies when the woman leaves no children or grandchildren through a predeceased child:
- Section 15(2)(a):Property she inherited from her father or mother devolves upon the heirs of her father if she dies issueless. In such a case, Section 15(1) does not apply. Her father, even if he is alive, does not inherit any portion of the property but his heirs will get.
- Section 15(2)(b):Property she inherited from her husband or father-in-law devolves upon the heirs of her husband if she dies issueless. In this case also, the husband does not get any share in the property.
This source-based rule does not apply to self-acquired property or property received by gift — it applies only to property inherited from these specified sources, and only in the absence of surviving children or grandchildren.
