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What is Order of succession and manner of distribution among heirs of a female Hindu? What are Special provisions respecting persons governed by marumakkattayam and aliyasantana laws? Section 16 and 17 of Hindu Succession Act 1956

Order of succession and manner of distribution among heirs of a female Hindu and Special provisions respecting persons governed by marumakkattayam and aliyasantana laws are defined under section 16 and 17 of Hindu Succession Act 1956. Provisions under these Sections are:

Section 16 of Hindu Succession Act "Order of succession and manner of distribution among heirs of a female Hindu"

Section 16. The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place according to the following rules, namely: -

Rule 1 : Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.

Rule 2 : If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3 : The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

Section 17 of Hindu Succession Act "Special provisions respecting persons governed by marumakkattayam and aliyasantana laws"

Section 17. The provisions of sections 8, 10, 15 and 23 shall have effect in relation to persons who would have been governed by the marumakkattayam law or aliyasantana law if this Act had not been passed as if -

(i) for sub-clauses (c) and (d) of section 8, and following had been substituted, namely

"(c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates.";

(ii) for clauses (a) to (e) of sub-section (1) of section 15, the following had been substituted namely: -

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

(b) secondly, upon the father and the husband;

(c) thirdly, upon the heirs of the mother;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the husband.";

(iii) clause (a) of sub-section (2) of section 15 had been omitted;

(iv) section 23 had been omitted.

Hindu Succession Act 1956

What is Application of Act? What are Definitions and interpretations? Section 2 and 3 of Hindu Succession Act 1956

What is Overriding effect of Act? What is the meaning Act not to apply to certain properties? Section 4 and 5 of Hindu Succession Act 1956

What is Devolution of interest of coparcenary property? What is Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom? Section 6 and 7 of Hindu Succession Act 1956

What is General rules of succession in the case of males? What is Order of succession among heirs in the Schedule? Section 8 and 9 of Hindu Succession Act 1956

What is Distribution of property among heirs in class I of the Schedule? What is Distribution of property among heirs in class II of the Schedule? Section 10 and 11 of Hindu Succession Act 1956

What is Order of succession among agnates and cognates? What is Computation of degrees? Section 12 and 13 of Hindu Succession Act 1956

What is the meaning Property of a female Hindu to be her absolute property? What are General rules of succession in the case of female Hindus? Section 14 and 15 of Hindu Succession Act 1956

What is Order of succession and manner of distribution among heirs of a female Hindu? What are Special provisions respecting persons governed by marumakkattayam and aliyasantana laws? Section 16 and 17 of Hindu Succession Act 1956

What is Full Blood preferred to half blood? What is Mode of succession of two or more heirs? What is Right of child in womb? Section 18, 19 and 20 of Hindu Succession Act 1956

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