 If you have Shindhar Mooli and advocate from Madurai and Advast Bar and to understand the facets of civil law becomes so simplified. And that's why it is always fascinating to call him and to understand things from him. You will take the question at the end and in fact, as usual Mr. Shindhar Mooli has contemplated one proposition which he will be taking during this session itself. So stay glued and we will, since there are some technical glitches of sharing that question and all of the groups, we will do it after this session, maybe tomorrow. Meanwhile, the topic of the session is property of a female Hindu and its evolution. How the law has developed. First, we will ask Mr. Shindhar Mooli on behalf of Beyond Law C&C and Legal Legal Alliance, that is Ari Lakshmi's group that first kindly explain what is section 15 under the Hindu Succession Act. Some bird eye view on the case law and then we will take the proposition which we have seen that you have prepared in an extensive so that people could understand what is section 15. What is the hang of the judicial precedents and then after they will be able to understand the question which he has prepared with so much pain it can be understood. And stay glued, we are quite sure that as usual Mr. Shindhar's session would be quite enriching and in fact, in few of the groups when we had shared, a lot of people said that he is not only an erudite speaker but his knowledge is also epitome. Over to you. Thank you. Thank you. Good evening to all. This is the very purpose of choosing this topic under this section 15 subclass 2. It has caused great injustice to Hindu female. Section 15-2 has to be amended suitably to do justice to Hindu female. I will explain why. Now, when a Hindu female died interstate, necessarily section 15 of the Hindu Succession Act can only be involved. How the property of a Hindu female shall be devolved in what order? Who has got preference? Then we are going to see. First, section 15. The property of a female Hindu die interstate shall devolve according to the rule set out in section 16. Firstly, upon the sons and daughters, including the children of any predecessors son or daughter and the husband. Now, here, let us see the word sons and daughters. So, first category, sons, daughters or in the absence of sons and daughters, the predecessors son of a son, predecessors daughter of a son, predecessors daughter of a son and daughter and the husband. There are seven categories. Now, the word sons or daughters, whether it includes adopted sons or daughters, that is the point. There are canton of decisions of our High Court and Supreme Court. To the effect, sons includes adopted sons. Sons include adopted sons. So, adopted son in the absence of adopted son is also entitled to get the property of her mother on par with the son. According to section 15 J. Then what about Stepson? That is the husband's second wife's son, Stepson. Whether Stepson is entitled to get share on par with the son of the deceased female Hindu, Stepson cannot claim any share on par with the original son. This is because Stepson is entitled to get a share only in the absence of son and daughter of the deceased female Hindu. Then the Stepson will become the hair of the husband. Section B, see he is entitled to Stepson. So, first son includes adopted son. It does not include Stepson. When a Stepson of a Hindu female get her property in the absence of son and daughter As a hair of her husband under section 15 B, Stepson is entitled to get the property of a Hindu female. So, here what it does not distinguish self-proclaimed property or ancestral property of a Hindu female. Now, you are all well aware. So, after the amendment made in section 6 under the amended act 39 of 2005, female hair is also entitled to get a share in the co-operation property. Now, what are all the properties of a Hindu female? Part that in order to know that, we have to necessarily refer explanation 1, 2, section 14 of the Hindu Succession Act. Now, let us see the explanation 2, section 14. In the subsection property includes both movable and the immobile property acquired by a Hindu, acquired by a female Hindu by inheritance or device or at a partition or in lieu of maintenance or arrears of maintenance or by gift from any person whether you are relative or not, before or after her marriage or by her own skill or accession or by purchase or by prescription in any other manner whatsoever. Let me explain one by one. If a Hindu female is a salaried woman, obtaining salary and purchase any property in her name, then it is her self-proclaimed property. If any property is given to a Hindu female at the time of marriage as Sridhana, then entered Sridhana property becomes her absolute property. If any property is gifted by her father, mother, brother, sister, relatives or friends, then it is her absolute property. If any property is given to a Hindu female in lieu of maintenance, then it is her absolute property. If any property is inherited by a Hindu female from her father or mother, then it is her absolute property. So, if a Hindu female is in possession and enjoyment of the property by way of prescription, acquired title to the property by adverse possession, then it is her absolute property. So, whatever property purchased by a Hindu female are gifted, settled, given in lieu of maintenance, all are her absolute property as per explanation. 1, 2, section 14 of the Hindu Succession Act. Then again, we will come to section 15A. So, 15A is very clear. On the demise of Hindu female dying interstate, her property will devolve upon her sons, daughters, or in the absence of son and daughters, is Grandson's granddaughters of her deceased and predestined daughter and husband. The word employed is and husband. I will explain the meanings subsequently. Secondly, suppose when there is no husband, son, or daughter, or grandchildren, then her property will devolve upon the hairs of the husband, the hairs of the husband. Here, it causes a great injustice to a Hindu female. Please keep it in mind. The daughter-in-law is not the legal hair of a Hindu female, but whereas daughter-in-law is the legal hair of her father-in-law. So, in the absence of entry in A, the property of Hindu female will devolve upon the hairs of the husband. Who are all the hairs of the husband? In the absence of class one, father, brother, sister. Then what about the illegitimate son of her husband? Illegitimate son of her husband is also a hair of the husband. So, the illegitimate son of her husband is automatically, that is the step son, is automatically entitled to get the property of a Hindu female in the absence of entry A. Then there is no hairs of the husband. Then the property shall devolve upon her parents, that is mother and father. Mother and not her sisters or brothers or sons and daughters of British brothers or sisters. It devolved upon her parents, namely father and mother. Parents died, then the earthly upon the hairs of the father. Here comes her brother, sister, sons and daughters of British brothers or sisters. Then lastly, in the absence of entry in D, lastly upon the hairs of mother, hairs of mother, over all the hairs of mother, mother's sister, brother. This is 15-1. 15-2 covered out an exception to section 15. Section 15 subclass 2 of Hindu Succession Act is an exception to section 15-1. Let us see. 15-2 A. Any property just underlined this word, any property inherited, it just underlined this word inherited by a female Hindu from her father or mother shall devolve in the absence of any son or daughter of the deceased, including the children of any deceased son or daughter, not upon the other hairs reported to in subsection 1. Sankarji, just a minute. I will ask the participants that it is better that you keep the bear act with you, that becomes much better because he is giving an extensive reference to the section. So once you take the bear act with yourself, then it becomes better. Who do you? It is an implied order, Mr. Vikasji. Whenever I am taking glass, they must follow. Yeah, but some people have seen that. They are just hearing it. Yeah. So other hairs reported in subsection 1 in the order specified therein, but upon the hairs of the father. So if any property is inherited by a Hindu female from her father or mother, then those property will devolve upon the hairs of the father or mother, not upon the hairs specified in subsection 1 of section 15. Let's say for example, a Hindu female father died interstate. On his demise, his property automatically will be inherited by a Hindu female and his and her brother or sister, if any sister or brothers are alive. Then assuming for a moment, the Hindu female has no son or daughter, husband is alive. Husband is alive. Whether as per the sweeping operation of section 15 to A, a Hindu female died interstate, leaving her husband alone in respect to the property inherited from her father, whether the husband is entitled to get a share. According to section 15 to A, the husband cannot claim any right in the property inherited by his wife from her father or mother. That is the object of section 15 to object of section 15 to. Here in 1981, Mathya Pradesh, page 99, 39. Here in 1981, Mathya Pradesh, page 39. Raghuvay versus John A. Kiprasad. So husband of a Hindu female cannot claim property of his father-in-law when the property was inherited by his wife from her father or mother. Is there any distinction between acquiring a property, inheriting a property? What is the meaning of inheritance? Inherit, suppose during the lifetime of the father, he has executed a settlement deed in favor of his daughter. So father settled certain property in favor of his son. This property is acquired by a daughter from her father by way of settlement. It is not inherited from her father because father executed a settlement deed in favor of his daughter. So this property is acquired by means of a registered settlement deed executed by her father. Father has not executed any settlement deed or has not executed any will. He died interstate. So on his demise, his property will develop upon his son, daughter, wife. When there is no wife, son and daughter. This property is inherited by a Hindu female. So the word inherit means succession by descent. Succession by descent or to receive property as her daughter or receive by right of birth from ancestor. Suppose if any property is acquired by a Hindu female, the section 15 to A has no application. It will apply only in the property which are inherited by a Hindu female from her father or mother as the case may be. It does not include the property acquired by a Hindu female. Please keep it in mind. So what's explanation 1 to section 14? All the properties purchased by a Hindu female, settled in favor of a Hindu female, gifted to a Hindu female, acquired by adverse possession, Sridhana properties. These are all the properties acquired by a Hindu female. It is her absolute property. That properties are not inherited. So according to section 15 to A, the properties inherited by a Hindu female self-develop on in the absence of son and daughter in favor of the house of father or mother as the case may be. Even if the husband is alive, the husband cannot lay any claim in respect to the property inherited by his wife from her father or mother. Then subclass B, 15 to B, any property inherited by a female Hindu from her husband or from her father-in-law shall devolve in the absence of any son or daughter of the deceased, including the children of any previous son or daughter, not upon the house reported to in subsection 1 in the order specified therein but upon the house of the husband. So first 15 to A says property inherited by a Hindu female from her father or mother. 15 to B says property inherited by a Hindu female from her husband or from her father-in-law, then those properties shall devolve on the house of her husband not the person mentioned in section 15-1 when in the absence of son or daughter. So in order to invoke section 15 to A and B the sign equal to 0 is the absence of son or daughter absence of son or daughter then only section 15 to A and B can be invoked. So according to 15 to B if any property is again and again I am stretching, I am accentuating the point inherit, inherit, inherit, not acquired. The property is acquired by a Hindu female 15-1 alone will apply. If it is inherited then 15 to A and B. So if any property is inherited by a Hindu female from her husband or from her father-in-law those properties will devolve on the house of her husband house of her husband, mother, father, brother, sister sons and daughters of a deceased brother and so on so including the illegitimate son or daughter of the husband. So this is section 15. Order of succession and manner of distribution among the house of a female Hindu is set up under section 16. The order of succession among the house referred to in section 15 shall be and the distribution of the interstate property among those house shall take place according to the following rules. Rule 1. Among the house specified in subsection 1 of section 15 those in one entry shall be preferred to those in succeeding entry and those including in the same entry shall take simultaneously. 15A, 1A, son, daughter, husband all are equally entitled. Each will get 1 by 3 share, 1 by 3 share. They will get property simultaneously. They will prefer the subsequent entries. They can exclude the other entries. Rule 2. If any son or daughter of the interstate had predeceased the interstate leaving his or her own children alive at the time of the interstate death the children of such a son or daughter shall take between them the shares which the son or daughter would have taken if leaving at the interstate death. So on the death of son or daughter the grandchildren of the deceased Hindu female are entitled to get the property of their grandmother as per Rule 2. Rule 3. The devolution of the property of the interstate on the house reported to in classes B, D and E of Subsection 1 and in Subsection 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 or mother's property or the husband as the case may be and such a person who had died interstate in respect to her immediately after the interstate. So if any property is integrated by a Hindu female from her father it will devolve upon the heads of father or mother. If it is integrated from her husband or her father-in-law it will devolve upon the heads of his husband. Now I have given you one problem for easier reference. I think it might have been posted prior to my lecture. It says, Kamblam was married to Krishnan in the year 1985 after the marriage Kamblam's father Sundram executed a registered settlement deed in favor of his daughter Kamblam. In respect of 10 acres of Pujya land situated at Patkansan village Thanjohar district, thereafter Sundram has also gifted 100 sovereigns of gold to Kamblam. Both Kamblam and Krishnan had no issues. Kamblam died interstate in the year 2000 leaving behind his son Raja and daughter Kamblam but without any movable or immobile properties. Kamblam's husband Krishnan died interstate in the year 2010 leaving behind his wife Kamblam but he has not owned any movable or immobile properties. Krishnan's father died interstate in the year 2012 leaving behind him his daughter Rani who is the sister of deceased Krishnan without any property. Rani was married to Kamblam who is running a spinning mill and possessed vast tracts of land. Rani is living in the affluent circumstances but Raja, the brother of Kamblam is living in Pune. Kamblam's died interstate on 156, 2017 without encumbering the aforesaid 10 acres of land and without selling the 100 sovereigns of gold gifted by her father. After the demise of Kamblam her father Raja her brother Raja filed a suit for declaration that he is the legal heir of the deceased Kamblam as per section 15 two sub-clause A of the Hindu Succession Act and entitled to the 10s set 10 acres of the Pune land and 100 sovereigns golds as the same are in the absolute property of the deceased Kamblam since it was not inherited by her father Sunder the word inherited occurring in section 15 to A refers to non-testamentary succession so section 15 to A of the Hindu Succession Act will not get retracted therefore she prayed for the dismissal of the suit filed by Raja in the written statement filed by the Raja to the plane filed by Rani he contended that section 10 acres of land was settled and 100 sovereigns of gold was gifted to her sister by her father as the same were inherited from Sunder by the deceased Kamblam therefore section 15 to gets attracted and he is being surviving sole legal heir of Sunder is entitled to the suit property and he prayed for the dismissal of the suit in the additional evidence written statement filed by Raja he further contended that he is living in Pune and his father has also not left any movable or immoveable properties whereas Rani is rolling rich and suit properties are only pittance to her on the ground of sympathy and equity Raja pleads the decree of suit and dismiss the suit of Rani frame necessary issues and write statement whether Raja is the legal heir of the deceased Kamblam whether Rani is the legal heir of the Kamblam whether deceased Kamblam inherited the suit properties from her father whether section 15 1 B or section 15 to A of the Hindu Succession Act applies in the instant case before we go that I will request because a lot of people will not understand what is the non-discriminary succession you explain that also hello yes yes I will explain some and some staffs because the question was quite long what is the case of the question what you have asked I will explain it in a brief manner so that the participant will understand now Christian and the Kamblam are discuss they have no issues they have no son or daughter at the time of marriage Kamblam father Sundram settled 10 acres of land in favor of his daughter Kamblam at the time of marriage after the marriage and thereafter at the time of marriage he has gifted 100 sovereign of gold as a reason of property to his daughter Kamblam Kamblam has not encumbered the 10 acres of land gifted, settled by his father and also the 100 sovereign of gold given to her as reason of by her father Christian is the husband of Kamblam Christian died Christian father was blessed with one daughter also Rani that is Rani is the sister of Christian Kamblam is having one brother by name Raja now Kamblam died interstate he has not executed any will or settlement as the case may be he died interstate then who is the legal heir of Kamblam is the point to be decided in this case Kamblam brother filed a suit for declaration that the suit properties namely 10 acres of land and 100 sovereign of gold left to be deceased Kamblam he are the properties inherited by Kamblam from the from her father so when the properties are inherited by Kamblam from her father as per section 15 to A of Hindu succession act he being the legal heir of Sundra that is the father of Kamblam is entitled to get the property and he wants declaration to that effect at the same time Rani the sister of Christian filed a suit for declaration stating that the suit property namely 10 acres of land settled in favor of Kamblam and 100 sovereign of gold given to her as Sridhana are not inherited from the father of Kamblam these are all the properties acquired by Kamblam and so it is her self acquired property it is her absolute property and as per section 15 to A in the absence of Sundar daughter of deceased Kamblam the properties are devolved upon the heirs of her husband I sister being the heirs of Christian is entitled to get the property and she prayed for declaration to that effect so there are two suits for declaration one suit is filed by deceased Kamblam's brother Raja another suit is filed by Rani the sister of Christian the husband of Kamblam in the additional written statement Raja the brother of Kamblam alleged that at the time of Tethavaki's father he has not left any property because he has already given 10 acres of land settled in favor of Kamblam and 100 sovereign of gold he has no property, mobile or immobile property so he is living in penury he is an indigent person whereas Rani the sister of Kamblam, Christian he is rolling in rich he is a rich woman her husband is owning so many properties the suit properties are only pertents to the property of Rani's husband so on the ground of sympathy and on equity also he pleads the dismissed of the suit filed by Rani and to degree the suit filed by him now first we have to find out whether the suit properties are inherited by deceased Kamblam or not if it is inherited automatically the suit filed by Kamblam's brother will be degree in its entirety if it is not inherited then the suit filed by Rani will be decreed so as per section 15.1 we see no son or daughter husband also died so 15.1 B the heirs of husband who is the heirs of husband sister Rani is the heirs of her husband Krishna so C is entitled whether the property is the suit properties are inherited by Kamblam or not we have to see what are the properties 10 acres of land settled by Sundaram the father of Kamblam inherited so any property acquired by a Hindu female is her absolute property so as far as this 10 acres of land is concerned it is her absolute property any jewels given as Sridhana Sridhana properties is also the absolute property of a Hindu female as per explanation 1 to section 40 so the suit properties are absolute property of deceased Kamblam but these are all the properties given by her father there is no doubt then what is inheritance suppose the 10 acres of land and the hundred and seven of gold are kept by her father and on her death automatically those property will develop upon Rani and Kamblam sorry, Raja and Kamblam so testamentary instrument will settlement as the case may be this is non testamentary property of the father will be inherited by a Hindu female on the death of father so any property settled, gifted or purchased it cannot be said that these properties are inherited from the father the inheritance means inheritance means inheritance means inheritance means succession by descent or to receive property as her or received by right of birth from ancestor so if the father of the deceased Kamblam died interstate leaving certain properties then the properties will be inherited by the Hindu female so the suit properties as per section 15 to A as per section 15 to A of the Hindu succession act are not inherited by deceased Kamblam because the properties prior to the death of her father settled and gifted so once the properties are inherited section 15 to A will not get attracted then necessarily section 15 one will apply in the absence of son and daughter and husband the second category is the heirs of the husband who is the heirs of the husband sister of the Srinivasan Rani is the heirs of her husband so she alone is entitled to get the property of deceased Kamblam so he is the legal heir of deceased Kamblam and the plea forward by Taja that his father left to no other property he is living in penury he is pleading sympathy and equity but equity follows the law equity supreme law is supreme when there is a conflict between equity and law which will prevail law alone will prevail law is supreme there is no role of equity to play so sympathy or sentiments stick to sense equity may not have any role to play so he may be an indigent person living in penury Rani may be a living in affluent circumstances he does not mean that she is not entered to get the property of her father's her brother's wife so the word inherited has created certain confusion this is my humble submission or opinion instead of the using the word inherited if the word if any property is acquired by a Hindu female from their father or mother then it shall deval upon the heirs of father or mother if the word is inherited is deleted the word is acquired is inserted then Raja will get the property so what is the purpose for gifting the property or settling the property in favor of daughter by a Hindu father only for the welfare of her daughter not for the welfare of her son-in-law son-in-law's brothers or sisters only for the welfare of his daughter so this is the right time for the legislature to amend section 15 to A to the effect by deleting the word inherited by inserting the word acquired then the injustice now being done to the female heirs in respect to the property acquired from her father or mother will be protected so I got some judgments these are very useful judgments so for section 15 of succession of Hindu succession of discussions AR 1966 Madras page 369 page 176 Madras page 154 1990 volume 106 Madras law weekly page 598 2008 7 supreme court cases page 210 2008 7 supreme court cases page 210 19 15 SCC page 66 2009 15 SCC page 66 2018 3 law weekly page 249 2019 1 law weekly page 411 now I give you an illustration son and daughter include all the sons and daughters of a deceased Hindu female by different husband yes they are also son and daughter of the deceased Hindu female suppose a Hindu female married ex that is after the death of ex he married another husband why? because there is no property but through their first husband she was blessed with one son whereas the second husband owned the property and on that demise the property devolved upon the Hindu female but the second husband is having some illegitimates now the property of the Hindu is inherited from the second wife second husband whether the property devolved upon the Hindu female on that demise will go to her first husband son yes or to the illegitimate son of the deceased second husband answer me what section 151 says so far as her second husband's illegitimate children is her step son whether son includes step son step son under section 151 no only in the absence of son as hair of her husband he will come second category 15B I conclude with this a Hindu female died interstate her property will devolve upon the rule set out in section 16 section 15 section 15 1 and 2 section 15 2 is the exception to section 151 first it will devolve upon son daughter in the absence of son or daughter grandsons grandchildren when no husband son daughter or grandchildren it will devolve upon the hairs of her husband then third category it will devolve upon the mother and father his mother and father fourth category upon the hairs of father last one upon the hairs of mother this is in respect of the properties acquired by a Hindu female if any property is inherited by a Hindu female from her husband or father in law then those property will devolve upon the hairs of father or mother and not upon the hairs set out under section 151 you see section 152a if any property is inherited by a Hindu female from her husband or father in law then those property will devolve upon the hairs of her husband and not the person set out in section 151 so the word inherited excludes the property acquired by a Hindu female so my suggestion is if any property is acquired by a Hindu female from her father or mother then those property shall go to the hairs of father or mother and not to the hairs of her husband's husband's hair let us write let us see the changes in near future that the intelligence don and the government to amend section 152 suitably to do justice to the Hindu female with this I can because he unmute because unmute is it not audible yes Lakshmi Priya says on the section 152 of Hindu succession act 1956 we amended by inserting the term inherited or acquired and not by deleting the word inherited and inserting the term acquired because the word is inherited means property devolved upon Hindu female after the demise of her father Pradeep says interstate whether her pension and self acquired properties and ancestral properties devolve on husband and daughter if wife writes a will in favor of husband all properties whether acquired or not has been whether he can claim it or not so in respect of self acquired property of a Hindu female section 151 will apply in respect of the property ancestral property inherited by a Hindu female section 152 a will apply this property inherited from second husband on demise of wife will it go to the step son or first son from first husband it will go to the first son because section 151 is very clear it does not include steps son in the absence of son the steps son is automatically untied to get the property as the hair of her husband that is his hair of his father yeah these were the questions so thank you friends it was a pleasure somebody those who are all interested in the welfare of the Hindu female has to file a repetition to amend the section 152 it all depends there are judgments which says that court will not legislate way back from 2007 Arawali hills it says that you can't legislate until unless you find that because supreme court has no role to legislate any law it's only a law pointing body unless and until amendment is made in section 152 the supreme court will deliver judgments that if any property inherited will go to the husband if any property circuit by Hindu female even from her father or mother it will go only to the hairs of husband and not to the hairs of father or mother that is a law that is a pathetic situation it all depends how the law evolves judgment is a judgment which though not legislated but it issued certain direction in that so let's see how things shape up you all wait that everything good for good happens and tomorrow we have a session at 6pm witness in a trial by John S. Ralf a lawyer from Kerala High Court do stay connected with us at 6pm thank you everyone stay safe and stay blessed and thank you Shingarji and Adil Ashwin ma'am from legal legal lights we are just to connect thank you I will share the answer to the queries