My mother passed away. Who inherits her money?
For a Hindu woman who dies without a will, section 15 of the Hindu Succession Act sets a fixed order: her sons, daughters and husband first, all taking equally. If none of them survive, her husband's heirs; then her own mother and father; then her father's heirs; then her mother's. One exception matters constantly: anything she had inherited from her own parents goes back to her father's heirs if she leaves no children, and anything from her husband or in-laws goes back to his.
The usual case: husband and children take equally
Where the mother leaves a husband and children, section 15(1)(a) gives all of them the estate, and section 16 has them share equally — the husband and each child one share alike. A daughter's share equals a son's. A child who died before her is represented by their own children, who take that child's share between them. If she was a widow, the children take everything equally.
The provenance rule
Section 15(2) reverses the order for property she inherited rather than earned or was given. Property that came to her from her mother or father returns to her father's heirs if she leaves no son or daughter — regardless of a surviving husband. Property that came from her husband or father-in-law returns to her husband's heirs in the same situation. Where she leaves children, this does not bite; where she does not, it decides the case, and it depends on tracing where each asset came from.
What it means in practice
Her bank accounts, deposits and investments are claimed by the husband and children as the legal heirs, in equal shares, using the documents each institution requires. A nominee on any account collects it for them but does not keep it. If there is a will, it governs instead, and if she was Christian, Muslim or Parsi a different law applies — see our guide on inheritance from a sister, which covers those differences.
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Last reviewed 2026-08-31. This is general information, not legal advice. Institution requirements change — confirm before you file.