Intestate Succession to Property of a Hindu Male

Introduction

The Hindu Succession Act, 1956 lays down rules for distribution of property of a Hindu male who dies without a will. Sections 8 to 13 of the Act provide the scheme of succession. The law gives priority to close family members.

Meaning / Definition

Intestate succession to property of a Hindu male means distribution of his property according to law when he dies without a will.

Key points:

• Governed by Sections 8 to 13 of the Act
• Heirs are divided into different classes
• Property devolves in a fixed order of preference

Modes or Types

Class I Heirs

These are primary heirs and take first priority.

Important Class I heirs include:

• Mother
• Widow
• Son and Daughter
• Heirs of predeceased (dead earlier) children such as:
  • Son’s son
  • Son’s daughter
  • Daughter’s children
  • Widow of predeceased son

All Class I heirs inherit simultaneously.

Class II Heirs

These heirs inherit only if no Class I heir exists.

They are arranged in entries (groups), such as:

• Father
• Brother and Sister
• Children of son’s daughter or daughter’s children
• Other relatives like uncle, aunt, etc.

Heirs in earlier entry are preferred over later entries.

Class III Heirs

If no Class I or Class II heirs exist:

Agnates

• Relatives connected through male links only.

Cognates

• Relatives connected through at least one female link.

Rules of Succession (Section 8)

Property devolves in the following order:

• First: Class I heirs
• Second: Class II heirs
• Third: Agnates
• Fourth: Cognates

Rules of Distribution

Among Class I Heirs (Section 10)

• Widow gets one share
• Each son, daughter, and mother gets one share
• Branch of predeceased son/daughter gets one share
• Within branch, share is divided equally among members

Among Class II Heirs (Section 11)

• Property is divided equally among heirs in the same entry
• Preference is based on order of entries

Among Agnates and Cognates (Sections 12–13)

• Preference rules:
  • Descendants preferred over others
  • Ascendants (ancestors) preferred over collaterals (side relatives)
  • Closer degree of relation preferred

Doctrine of Representation

• Allows descendants to take the share of a deceased parent.
• Applies mainly in Class I heirs.
• Each branch of a predeceased heir gets one share.

General Rules of Succession (Sections 18–23)

• Full blood preferred over half blood
• Multiple heirs inherit jointly
• Child in womb is entitled to share
• Rules for simultaneous death (uncertain who died first)
• Right of pre-emption (right to buy share before outsiders)
• Rules regarding dwelling house

Distinction / Comparison

Practical Example

A Hindu male dies leaving:

• Wife
• Two sons
• One daughter

Distribution:

• Each gets equal share
• Total 4 shares (wife + 3 children)

If one son had died earlier leaving two children:

• That son’s share goes to his children equally

Summary

• Governed by Sections 8–13 of the Hindu Succession Act, 1956
• Heirs divided into Class I, Class II, agnates, and cognates
• Class I heirs get first priority
• Property is distributed equally among Class I heirs
• Doctrine of representation applies to predeceased heirs
• Clear rules exist for order and distribution of inheritance