The general rules of succession in case of a female Hindu dying intestate are defined in section 15 & 16 of the Hindu Succession Act, 1956. The act provides that the property of any female Hindu dying without a will shall devolve on the following persons ;
- Firstly, upon the sons & daughters (including the children of any predeceased son or daughter) and the husband.
- Secondly, upon the heirs of the husband;
- Thirdly, upon the mother and father;
- Fourthly, upon the heirs of the father;
- Lastly, upon the heirs of the mother.
Further, section 16 lays down the three rules to regulate the order of succession among the heirs listed in the five categories as under:
- Rule 1: among the heirs specified in the five categories mentioned above, those falling under (a) will be preferred to those named in (b) , then (b) over (c) and so on. In case the heirs fall under the same clause, they take simultaneously.(this is applicable in the current scenario).
- Rule 2: if any son or daughter of the intestate had predeceased the intestate, leaving their own children alive at the time of intestate’s death, the children of such son or daughter will get the share which the son or daughter would have got, if living at the intestates death.
- Rule 3: the devolution of the property of the intestate on the heirs referred to in (b), (d) and (e) above (the five categories mentioned above) and in the two exceptions above, 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 if such person had died intestate in respect thereof immediately after the intestate’s death.
Therefore in the current scenario , the property shall devolve as per the first rule mentioned herein above. Therefore, both son and husband are entilted to have the share.