Section 15 Hindu Succession Act

Source: Bombay High Court 

Why in News? 

Justice Firdosh P. Pooniwalla of the Bombay High Court, in the case of Santsaran Gursaran Advani v. Nina H. Bhalla & Ors. (2026), held that Section 15(1) of the Hindu Succession Act, 1956 has not been declared unconstitutional and continues to govern succession to the property of a female Hindu dying intestate.  

• The Court rejected an interim application filed by the deceased's brother, holding that the husband's heirs — specifically the husband's sister — take precedence over the deceased's brother under the statutory order of succession, thereby disentitling him from any share in the estate.

What was the Background of Santsaran Gursaran Advani v. Nina H. Bhalla & Ors. (2026) Case? 

• The deceased, a Hindu woman, passed away on 31 May 2025, leaving behind a will dated 10 April 2023, which appointed defendant No. 1 as executrix and made various bequests in her favour. 
• The plaintiff, who was the brother of the deceased, filed a suit claiming to be her sole surviving relative and seeking to administer her estate and restrain the defendants from dealing with her assets. 
• The plaintiff also challenged the validity of the will and a gift deed executed in favour of defendant No. 1. 
• The defendant contended that even if the will and gift deed were set aside, the plaintiff had no entitlement under Section 15 of the Hindu Succession Act, as the deceased's husband's sister, being an heir of the husband, would take precedence over the plaintiff. 
• Probate of the will had already been granted to defendant No. 1, and the plaintiff had not filed any caveat in the probate proceedings.

What were the Court's Observations? 

The Court made the following key observations: 

Statutory Scheme of Succession under Sections 15 and 16 HSA: 

• The Court examined the order of succession under Sections 15 and 16 of the Hindu Succession Act and held that heirs falling in an earlier entry exclude those in subsequent entries. 
• The deceased's husband's sister, being an heir under entry (b), excludes the plaintiff, who falls under entry (d), thereby disentitling him from any share in the estate in an intestate scenario. 

Section 15(1) Not Unconstitutional: 

• The Court rejected the plaintiff's contention that Section 15(1) had been declared unconstitutional in Mamta Dinesh Vakil v. Bansi S. Wadhwa [(2012) SCC Online Bom 1685]. 
• It was observed that although a Single Judge had expressed such a view, the matter had been referred to a Division Bench and no final declaration of unconstitutionality had been made. 
• Subsequent decisions of the Supreme Court continue to apply Section 15(1), and therefore the provision remains valid and operative until a Division Bench or the Supreme Court holds otherwise. 

Law Commission Recommendations Not Binding: 

• The Court held that recommendations of the Law Commission suggesting an amendment to Section 15(1) have not been implemented by the legislature and therefore cannot affect the applicability of the provision. 

Interim Relief Rightly Refused: 

• The burden was on the plaintiff to establish a prima facie interest in the estate of the deceased in order to seek interim relief. 
• The plaintiff failed to demonstrate any such interest under the statutory scheme. 
• Since probate of the will had already been granted, the estate vested in defendant No. 1 from the date of death of the deceased. 
• Accordingly, the interim application was rejected.

What is Section 15 of the Hindu Succession Act, 1956? 

Section 15 — General Rules of Succession in the Case of Female Hindus: 

Sub-section (1): The property of a female Hindu dying intestate devolves according to the rules in Section 16, in the following order of priority: 

• First — upon her sons and daughters (including children of any pre-deceased son or daughter) and her husband 
• Second — upon the heirs of the husband 
• Third — upon her mother and father 
• Fourth — upon the heirs of the father 
• Last — upon the heirs of the mother

Sub-section (2): Notwithstanding the order in Sub-section (1), two special rules apply: 

• Property inherited from father or mother — in the absence of any son or daughter of the deceased (including children of any pre-deceased son or daughter), such property does not devolve upon the heirs listed in Sub-section (1) in the usual order, but instead devolves upon the heirs of the father. 
• Property inherited from husband or father-in-law — in the absence of any son or daughter of the deceased (including children of any pre-deceased son or daughter), such property does not devolve upon the heirs listed in Sub-section (1) in the usual order, but instead devolves upon the heirs of the husband.