Legal Question in Civil Rights Law in India

Re: Hindu Succession Act in India

Good question as far as the inheritance of Hindu female is concerned the Hindu Succession Act,1956 ,section 15 clearly state General rules of succession in the case of female Hindus.- (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.

What it means that in this case since this Hindu lady died intestate i.e. without leaving any valid will in favor of her husband only this property belonging to her on her death is inherited by all her five children & the husband in equal parts. If the husband sold this property to any one in 1982 it was wrong act, however since more then 12 years have passed of this act of change of hand of the property by way of adverse possession the person who got this property in 1982 & who later on sold to another person who has the possession of this property against the real owner of the property by way of adverse possession, however since the adverse possession has not been challenged till date against the actual owners of the property & illegal occupation or possession of the property is prima ficia existing, so the chance to claim the property by the real owner can still be tried based on the various court judgments in such cases of adverse possession of property against the actual owner.

Re: Hindu Succession Act in India

All of them.

In terms of Section 15 (1) (a) the property of a female Hindu dying intestate shall devolve equally first upon the sons, daughters and the husband;

there are other rules of devolution which are applicable in the absence of her children or husband.