Who inherits a Hindu female’s property if she dies without a will?

Section 15 of the Hindu Succession Act, 1956 applies. The Court in this case applied Section 15(1) and sent the self-acquired property to the husband’s heirs (matrimonial line).

Does support from the parental home change the result?

No. Sympathy is not a legal test. The Court said sentiments cannot decide rights; the statute controls the devolution.

When is Section 15(2)(a) used?

Section 15(2)(a) applies to property inherited by a female from her parents. Here, the focus was on her self-acquired property; the Court applied Section 15(1).

Can in-laws claim if they did not support her education or life?

Yes, if the statute routes succession to the husband’s heirs under Section 15(1). Contributions or lack of support are not decisive.

What document starts the legal process for money and accounts?

A succession certificate application is filed to collect debts and securities standing in the name of the deceased.

Law Easy

31 October, 2025

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Omprakash v. Radhacharan (2009) 15 SCC 66 — Hindu Female Intestate Succession | The Law Easy

Omprakash v. Radhacharan

(2009) 15 SCC 66 • Classroom-style explainer in simple English

Supreme Court of India 2009 (2009) 15 SCC 66 Hindu Succession • Intestate • Section 15 ~6 min

Author: Gulzar Hashmi India

Published: 31 Oct 2025

Quick Summary

The case answers a core question: Who gets the property of a Hindu female who dies without a will? The Supreme Court applied Section 15 of the Hindu Succession Act, 1956. Even though the deceased (Narayani Devi) was supported by her parents and her assets were self-acquired, the Court followed the statute and sent the property to the husband’s side under Section 15(1). Emotion or sympathy cannot override the legal scheme.

CASE_TITLE: Omprakash v. Radhacharan PRIMARY_KEYWORDS: Hindu female intestate succession, Section 15 HSA 1956 SECONDARY_KEYWORDS: self-acquired property, matrimonial home heirs, succession certificate PUBLISH_DATE: 31-10-2025 AUTHOR_NAME: Gulzar Hashmi LOCATION: India Slug: omprakash-v-radhacharan

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Issues

Who inherits the property of a Hindu female dying intestate?

Rules

Section 15, Hindu Succession Act, 1956: lays down the general rules for succession to a female Hindu’s property. It sets the order and manner of devolution.

Section 15(1): Default route for a Hindu female’s property when she dies intestate.
Section 15(2)(a): Special rule for property she inherited from her parents (applies in limited situations).

Facts (Timeline)

Marriage & Widowhood

Smt. Narayani Devi was widowed within three months of marriage and was driven from her matrimonial home.

Assets

She left no will. She had bank accounts and a large provident fund—self-acquired assets.

Support

Her parents educated and supported her. The in-laws neither funded her education nor supported her life.

Competing Claims

Her mother applied for a succession certificate. The husband’s sister’s children (respondents) also applied.

Arguments

Appellant (Mother)

Deceased was raised and supported by her parents; equity favors parental line.
Self-acquired assets should not go to in-laws who offered no support.

Respondents (Husband’s sister’s children)

Section 15(1) routes succession to the husband’s heirs in the given order.
Courts must follow the statute; sympathy cannot change the scheme.

Judgment

The Supreme Court applied Section 15(1) to Narayani Devi’s self-acquired property and sent it to the husband’s heirs (matrimonial line). The Court noted that while the situation was hard, sentiment or sympathy cannot decide legal rights. Section 15(1) governs where a Hindu female dies intestate. Section 15(2)(a) is a narrow exception and was not triggered on these facts.

Ratio

For a Hindu female dying intestate, Section 15(1) is the default path for her property—including self-acquired assets—unless the special situations in Section 15(2) apply. Equity cannot replace the statutory order of heirs.

Why It Matters

Clarity: Confirms the default route for a Hindu female’s estate when she leaves no will.
Predictability: Courts will follow the statute, not sentiments.
Exam tool: Always test if 15(2)(a) or 15(2)(b) applies; if not, use 15(1).

Key Takeaways

Section 15(1) is the default rule for Hindu female intestate succession.
Self-acquired property can pass to the husband’s heirs under 15(1).
Section 15(2)(a) applies only to property she inherited from parents.
Sympathy is not a legal ground to alter the statutory scheme.

Mnemonic + 3-Step Hook

Mnemonic “15 ⇒ 1, else 2” — Start with 15(1); move to 15(2) only if facts fit.

Ask: Did she die intestate?
Check: Does 15(2)(a)/(b) apply? If not → 15(1).
Route: Devolve as per 15(1) order of heirs.

IRAC Outline

Issue

Who inherits the estate of a Hindu female who dies intestate with self-acquired assets?

Rule

Section 15 HSA, 1956: 15(1) default devolution; 15(2) special cases.

Application

Assets were self-acquired; facts did not fit 15(2)(a). Apply 15(1) → husband’s heirs take.

Conclusion

Succession follows Section 15(1); sympathy cannot alter the statutory order.

Glossary

Intestate: Dying without leaving a valid will.
Self-acquired Property: Property earned or purchased by a person, not inherited from family.
Succession Certificate: Court document authorizing collection of debts/securities of a deceased.

FAQs

Section 15(1) HSA, 1956 provides the default route unless a special clause in Section 15(2) applies.

It applies when the female’s property was inherited from her parents; then it reverts to the parental line in stated situations.

No. The Court said sentiment cannot override the statute; the legislative scheme controls succession.

Her mother and the husband’s sister’s children filed for a succession certificate over her bank balances and provident fund.

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