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Devolution Of Property

Distribution Of Properties Amongst Heirs

Section 3(2) of the Hindu Women's Right to property Act ,1937,confers an interest in a female Hindu undivided family property governed by the Mitakshara law only upon the death of her husband. Upon his death, as his widow, she is entitled to the same interest in the property as he himself had, it being a limited interest known as a Hindu Women's estate superadded to it is the same right of claiming partition as a male owner. Section 3(2) does not come into play while the husband is alive. Therefore, while the husband is alive,a Hindu woman under the Mitakshara Law can not be said to enjoy any interest in Hindu Undivided Family property.

By reason of provision of Hindu Succession Act ,1956 ,the daughters of a person dying instestate also inherit along with their brother s in equal shares . Such inheritance of property is by reason of operation of statute, in terms of a valid right, title, and interest is created in the properties of the land holder.

It was held by Punjab & Haryana High Court that declaratory decree had the effect of resorting the property alienated to the estate of the alien or and therefore, all persons including the wife and daughter s of the deceased, were entitled to the benefit of that restoration. Since the property alienated and reverted to the estate alien or at the point of his death, the widow and daughters, who also became heirs along with the sons under the Hindu Succession Act, 1956 were held entitled to obtain possession of the ancestral property.

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