HINDU SUCCESSION ACT

Section 6 and Section 8 provides the inheritance of the property held by a Hindu Male dying intestate. Section 6 provides that upon the death of a Hindu male dying intestate, the properties shall devolve firstly on the heirs as specified in Class I of the Schedule.

Class I of the Schedule to Hindu Succession Act, 1956 provides the following

• Sons
• Daughters
• Widow
• Mother
• Son of a pre-deceased son
• Daughter of a pre-deceased son
• Son of a pre-deceased daughter
• Daughter of a pre-deceased daughter
• Widow of a pre-deceased son
• Son of a pre-deceased son of a pre-deceased son
• Daughter of a pre-deceased son of a pre-deceased son
• Widow of a pre-deceased son of a pre-deceased son
• Son of a predeceased daughter of a predeceased daughter
• Daughter of a deceased daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased daughter
• Daughter of a predeceased daughter of predeceased son

As per Class I of the Schedule, the widow is stated as a legal heir and hence she has a right in the property of the husband if died intestate. The other legal heirs as provided under Class I of the Schedule if alive will get equal share as that of the widow.

The further question which arises is what happens if the widow remarries. Would she still be entitled to the property received from the deceased husband share or would that revert back to the legal heirs of the husband as per ancient Hindu law?

Earlier when Hindu Widows Remarriage Act, 1856 was enacted, under its section 3, it provided that on remarriage, a widow shall cease the rights and interest in the deceased husband property on remarriage. However this was drastically changed after Hindu Succession Act 1956 came into force which provided that a Widow doesn’t loose her right for receiving share from the deceased husband property. The remarriage doesn’t affect it and change in marital status will not matter.

Cherotte Sugathan (Died through LR’s) & Ors v. Cherotte Bharathi & Ors, (2008) Hon’ble Supreme Court held that Subsequent remarriage does not divest her of property in view of Sections 24 and 14 of the Hindu Succession Act which basically overrides provisions of 1856 Act. Further, when Section 8 of Hindu Succession Act, permits the widow of Hindu male to inherit simultaneously with the son, daughter and other heirs, there is no reason to divest the widow from the inherited share of the deceased husband on remarriage.