Can Testatory Disposition to a Female Hindu Overrule Intestate Succession?

Testamentary disposition is a disposition or transfer of property by the testator by gift, deed or will, but the disposition does not become effective until after the testator’s death. The testator retains essentially full control of the property during their lifetime.

Law of Inheritance

The assets both movable or immovable in India are governed by Hindu Succession Act, 1956 and Indian Succession Act, 1925 depending upon whether the person has died intestate or left a WILL.  The distribution of assets in India can be made in two ways as briefly described below:

• By way of execution of Will

This is discussed in PART VI, Testamentary succession of Indian Succession Act, 1925. You can make a WILL of only those assets that are self-acquired. Besides, the beneficiary does not necessarily need to be a legal heir, but can be any friend, trust and relative or anyone that the testator wants to be the beneficiary. Depending upon its validity, the Will shall prevail over any other law. After the death of the testator, the Executor shall distribute the assets strictly as per the provisions of the Will.

• Intestate Succession

When an individual dies without preparing any Will, their assets are distributed in accordance with the legal heirs as per the law of inheritance and succession. Further, this process is governed by the Hindu Succession Act, 1956.

There are different classes of legal heirs as described in the Act and Class I legal heirs have priority over Class II legal heirs. This basically means that the assets of a person who has died intestate shall devolve equally amongst the legal heirs mentioned in Class I category. Only when there are no Class I heirs shall the Class II legal heirs come into the picture.

Section 15 & 16 of Hindu Succession Act, 1956

Matters pertaining to succession in case of Hindu females are dealt by Sections 15 and 16 of the Hindu Succession Act, 1956. In case of a Hindu female who died intestate, her assets would devolve as per the regulations defined under Section 16:

• The husband, sons & daughters. This also includes any pre-deceased son or daughter.
• Heirs of the husband.
• Her mother and father.
• Heirs of the father.
• Heirs of the mother.

As per Section 15(2), regardless of anything stated in sub-section (1),

• When Hindu females inherit properties from their fathers or mothers, such properties shall be distributed to the heirs of the fathers and not as how it is defined under sub-section (1).
• When Hindu females inherit properties from their husbands or fathers-in-law, such properties shall be distributed to the heirs of the husband and not as how it is defined under sub-section (1).

Note: The above-mentioned pointers provided under Section 15(2) are only applicable when there are no sons or daughters. It is also subject to the absence of the children of any pre-deceased son or daughter.

Inheritance of Property by Hindu Female

Hindu females can inherit properties through several means, including:

• From their father or mother.
• From their husband or father-in-law.
• Through any other means such as inheritance, etc.

Till the time they are alive, it is legally established that the females shall have complete power, control over and rights of all types of properties inherited by them.

Can Testatory Disposition to a Female Hindu Override Intestate Succession?

• It is settled law that the testatory disposition in whichever mode shall override the rule of intestate succession.
• The legislature used the term ‘inheritance’ while taking intestate succession into account. Section 15(2) defines an exception to the provisions stated under Section 15(1) of the Hindu Succession Act. Properties acquired by a Hindu female post family partition is similar to acquisitions through Wills or gifts. When such properties are partitioned and divided by metes and bounds, they are considered the absolute properties of the sharer. The partitioned properties would thereafter become the joint family properties of such individuals and their family members/surviving heirs.

Note: A landmark judgment in this regards was made by the Karnataka High Court in 2023 in the case of Basangouda vs.Muddangouda & Ors. The matter was presided by a single judge bench, where the Court held that a female Hindu becomes the absolute owner of the property when she acquires the property through a partition deed agreed upon by the family. The Court further stated that such acquisitions do not fall under ‘acquisition via inheritance’ and, therefore, would not revert to the siblings in case of her death.

Conclusion

A Hindu female is considered as the absolute owner of any property she acquires through a partition deed that has been agreed upon in her family. Such properties cannot be considered as acquisition through inheritance and, thus, shall not revert to her siblings in the event of her death.