Succession to the property of a Hindu Male

The Hindu Succession Act, 1956 deals with the inheritance to

a) The separate properties of a Mitakshara male,

b) The separate and coparceners properties of a Dayabhaga male, and

c) The undivided interest in the joint family property of a Mitakshara Coparcener.

The Act does not apply to the property of a Hindu who is married under the Special Marriage
Act to a non -Hindu.

Heirs of a Hindu Male

The heirs of Hindu male fall under the following categories:-

1) Class I heirs,

2) Class II heirs,

3) Agnates,

4) Cognates, and

5) Government.

Class I heirs:-

The property of a Hindu Male dying intestate would be given first to heirs within Class I. They
are:

i. Mother,

ii. Widow,

iii. Daughter,

iv. Son,

v. Widow of a predeceased son,

vi. Son of a predeceased son,

vii. Daughter of a predeceased son,

viii. Widow of a predeceased son of a predeceased son,

ix. Daughter of a predeceased son of a predeceased son,

x. Son of a predeceased son of a predeceased son,

xi. Daughter of a predeceased daughter, and

xii. Son of a predeceased daughter.

Some new heirs are added by Hindu Succession (Amendment) Act, 2005. They are:

i. Son of a predeceased daughter of a predeceased daughter,

ii. Daughter of a predeceased daughter of a predeceased daughter,

iii. Daughter of a predeceased son of a predeceased daughter, and

iv. Daughter of a predeceased daughter of a predeceased son.

Shares of Class I heirs :

Section 10, Hindu Succession Act deals with the distribution of the property of the propositus,
among class I heirs. The rules are:

A.] Sons, daughters and the mother of the propositus each take one share.

For example:-

If P dies leaving behind his Mother M, two sons S1 and S2 and two

Daughters D1 and D2, each of the above heirs will take one share, i.e., 1/5th

-M will take 1/5th ;

- D1 and D2 each will also take 1/5th &

- S1 and S2 each will take one fifth.

B.] Widow takes1 share. If there are more than one widow, all of them together take one

Share and among themselves they divide it equally.

For example:-

P dies leaving behind a widow, W and three daughters D, D1, and

D2. Here each will take one share, i.e. 1/4th to each.

-W will take 1/4th,

-D, D1 &D2 each will take 1/4th .

C.] Among the heirs of the branches of a predeceased son, son of a predeceased son of a

Predeceased son and predeceased daughter, so here the doctrine of representation applies

i.e. heirs in each branch would take the same share which their parent would have taken.

So, we see above three rules in the following example:

If P dies leaving behind son S, widow of a predeceased son S1, SW,

Predeceased daughters son and daughter DS and DD, predeceased sons

Predeceased sons widow SSW, his daughter SSD and his son SSS.

Distribution is first to be made at a place where branches come into existence.

There are four branches, each will take 1/4th share i.e.

- S will take 1/4th .In the branch of S1 there is only one heir SW, she

representing S1 will take 1/4th .

- In the branch of predeceased daughter, there are two heirs, they representing her

will take 1/4th and between themselves divide it equally, with result that DS

will take 1/8th and DD will take 1/8th .

- In the branch of predeceased grandson, there are three heirs, representing him

they will take 1/4th & among themselves share it equally, with the result that

SSW, SSD&SSS each will take 1/12th.

Class II heirs and their shares:

If there are no heirs in Class I, the property will given to the heirs within Class II. They are
divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later
category. Further all heirs in one category take simultaneously per capita share. They are as
follows:

1] Category I -

a) Father.

2] Category II -

a) Sons daughters son.

b) Sons daughters daughter.

c) Brother.

d) Sister.

3] Category III -

a) Daughters sons son.

b) Daughters sons daughter.

c) Daughters daughters son.

d) Daughters daughters daughter.

4] Category IV -

a) Brothers son.

b) Brothers daughter.

c) Sisters son.

d) Sisters daughter.

5] Category V -

a) Fathers father.

b) Fathers mother.

6] Category VI -

a) Fathers widow. [Step mother].

b) Brothers widow.

7] Category VII -

a) Fathers brother.

b) Fathers sister.

8] Category VIII -

a) Mothers father.

b) Mothers mother.
9] Category IX

a) Mothers brother.

b) Mothers sister.

The rule of share in Class-II heirs is that each will take per capita including widow.

Agnates and Cognates:

Next heir of Hindu male is Agnates and Cognates. In it first preference is given to Agnates &
then Cognates. The rules for determining who are agnates & cognates are the same; so are the
rules relating to distribution of property among them.

Agnates mean when a person traces his relationship with another through males, he or she is an
Agnates. For instance brother, brothers son, sons son, sons son father, fathers father,
fathers mother, fathers fathers father & mother, sons daughter, sons sons daughter.
etc are agnates.

On other hand cognates means whenever in the relationship of a person with another, a female
(or more than one female) interverence anywhere in the line, one cognate to another. For
instance sisters sons & daughters; daughters sons & daughters; mothers mother & father;
fathers mothers father & mother; mothers fathers son & daughter..etc are all cognates.

Government:

If a Hindu male leaves behind neither class I, nor class II, nor any agnates, nor any cognates
upon his death, then, his entire property lapses to the government. This is called as Escheat.
When government takes his property as heir, it takes with subject to all the obligations and
liabilities of propositus.

Succession to a Mitakshara Coparceners Interest

The Section 6 of the Act has been extensively amended by the Hindu Succession (Amendment)
Act, 2005; while recognizing the rule of devolution by Survivorship among the members of the
coparcener makes an exception to the rule in the proviso.

According to proviso, if the deceased has left a surviving female relative specified in class I or a
male relative specified in that class who claim through such female relation, the interest of a
deceased in Mitakshara Coparceners property shall devolve by testamentary of instate succession
under the Act and not as Survivorship.

Certain exceptions:-
If , and the heirs are both male and female, the female heir is not allowed to request partition
until the male heir chooses to divide their respective shares. If this female heir is a daughter, she
has the right to reside in the home if she is unmarried, divorced or widowed.

After the Hindu Succession (Amendment) Act, 2005; Section 6, the difference between the
female and male inheritor has been abolished . Now even female inheritor [daughter] can also
claim partition of the ancestral property.

Further any person who commits murder is disqualified from receiving any form of inheritance
from the victim.

If a relative converts from Hinduism, he or she is still eligible for inheritance.

Amendments

The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession
Act, 1956, allowing daughters of the deceased equal rights with sons. In the case of coparcenary
property, or a case in which two people inherit property equally between them, the daughter and
son are subject to the same liabilities and disabilities. The amendment essentially furthers equal
rights between males and females in the legal system

Children and Issue

The simple term "children" can mean different things to different people -- and under different
laws. Many state statutes use the term "issue" to describe who should inherit in the absence of a
will, meaning direct descendants of the deceased person (children, grandchildren, and so on).

Adopted children. In all states, in the absence of a will or other estate plan, legally adopted
children inherit from their adoptive parents just as biological children do.

Stepchildren. Most states do not include stepchildren (children of the spouse of the deceased
person who were never legally adopted by the deceased person) in their definition of children for
purposes of inheritance. In a few states, however, it may depend on the circumstances of the
relationship.

Foster children. Foster children do not normally inherit as "children" of the foster parents.

Children adopted by an unrelated adult or family. In most states, placing a child for adoption
severs the legal tie between the child and the birth parents. The child can no longer inherit from
the birth parents under intestate succession laws, and the parents can no longer inherit from the
child.
Children adopted by a stepparent. A child who is adopted by a stepparent might still inherit from
the biological parents; it depends on state law.

Children born after the parent's death. A child conceived before a parent's death but born after
the death (sometimes referred to as a "posthumous" child) inherits under intestate succession
laws just as do children born during the parent's life.

Children born outside marriage. A child born to unmarried parents always inherits from his or
her birth mother, unless an unrelated family adopts the child. If the parents were never married,
usually the child must show some kind of proof to inherit from the father.

Distribution of property after death, if there is no

Will
The property of a Hindu male dying intestate is distributed among his heirs in accordance with
section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying
intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs.
But what if there are more than one Class I heirs among whom the property of the deceased
devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules
to be followed in such cases. Section 10 provides as under:

Distribution of property among heirs in class I of the Schedule: The property of an intestate
shall be divided among the heirs in class I of the Schedule in accordance with the following
rules:-

Rule 1.-The intestates widow, or if there are more widows than one, all the widows together,
shall take one share.

Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one
share.

Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of
the intestate shall take between them one share.

Rule 4.-The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-decease son shall be so made that his
widow (or widows together), and the surviving sons and daughters get equal portions ; and the
branch of his pre-deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the
surviving sons and daughters get equal portions.
Rule 1: The intestates widow, or if there are more widows than one, all the widows
together, shall take one share.
Suppose A, a Hindu, dying intestate at the time of his death is survived by two windows and a son. A
was the owner of one house. Now as per the rule, heirs in Class I shall take the property
simultaneously and to the exclusion of all others. And in the above case all are Class I heirs. But two
of them are widows of A. Therefore, as per the provisions of Rule 1 of section 10, both the widows of
A shall take one-half share in the house of A and the other half shall go to As son. Hence the
property of A by virtue of the above rule would be divided in only two parts and not three as all the
widows together are entitled to only one part by virtue of Rule 1 of section 10. However, among
themselves, both the widows shall inherit equally and one-half of the portion of As house that they
are entitled to shall be divided equally among them. Therefore share of As son in As house upon As
death shall be one-half while the share of each widow of A shall be one-fourth.
Similarly if in the above example A is survived by three widows and three sons, the house of A upon
As death shall be divided in four equal parts. Three parts, i.e. one part each shall be inherited by
each son while the fourth part shall be inherited equally by the three widows.

However, if at the time of As death he is survived by only two widows, both of them shall inherit the
house of A equally, i.e. both of them shall be entitled to one-half share, there being no other Class I
heir.

Rule 2: The surviving sons and daughters and the mother of the intestate shall each
take one share.

A, a Hindu male dies intestate and is survived by his mother, two widows, two sons and two
daughters. Now reading both Rule 1 and Rule 2 together, it becomes clear that the property of A shall
be divided in 6 parts. Each daughter shall inherit one part. So shall each son. There being two sons
and two daughters surviving A, each shall inherit one part. Hence, four parts of the property shall be
distributed among As four sons and daughters. Of the remaining two parts, As mother alone shall
be entitled to one part and by virtue of Rule 1, both the widows of A shall be together entitled to one
part.

Rule 3: The heirs in the branch of each pre-deceased son or each pre-deceased
daughter of the intestate shall take between them one share.

A, a Hindu male dying intestate, is survived by one widow, one son, one daughter and two grandsons
from one predeceased son, i.e. a son who had already expired at the time of As death. Now As
widow shall take one share of As property. One share each shall be taken by As surviving son and
daughter. As far as As grandsons are concerned, by virtue of Rule 3, they shall together take one
share as they are the heirs of As predeceased son. Therefore, As property on his death shall be
divided in 4 parts. The one part inherited by As two grandsons from a predeceased son shall be
divided equally among them. Here it may be mentioned that the position of the heirs of the
deceaseds predeceased sons is similar to the deceaseds widows. Deceaseds widows, irrespective of
their number are entitled to only one share in the property of the deceased. Similarly irrespective of
the number of Class I heirs of a predeceased son of a deceased, they all together take one share. Here
even if the widow of As predeceased son was alive, even then she would have inherited together with
her two sons only one part of As property.

Rule 4 (i): The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or
widows together), and the surviving sons and daughters get equal portions ; and the branch of his
pre-deceased sons gets the same portion;

(ii) [Explained in next point]

Rule 4(i) deals with distribution of the share that the branch of a deceaseds predeceased son is
entitled to on the deceaseds death. As mentioned above, the branch of the predeceased son of a male
Hindu dying intestate gets one share in the deceaseds property. That one share is to be distributed
among the heirs of that predeceased son in accordance with this Rule.
Thus if As predeceased son had two widows and two sons, then at the time of As death, they all
together would have inherited just one part of As property. Among themselves however, the
distribution of this one share shall be made in accordance with this rule. Hence the one part that they
have inherited shall be divided in three equal parts one part each to the two sons of As
predeceased son and one part to the two widows of As predeceased son. Here if As predeceased son
say B, had along with his two widows and two sons also got another son C who had already
predeceased B and on his death was survived by one widow and one son, then the one part of As
property that Bs branch inherits shall be divided into 4 parts one part each to his two surviving
sons, one part to his two widows and one part to the branch of his predeceased son C.

Rule 4(ii):

The distribution of the share referred to in Rule 3-

(i) [Explained in point above]

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the
surviving sons and daughters get equal portions.

This rule deals with the distribution of the share of property of a Hindu male dying intestate that
devolves under Rule 3 upon the branch of his predeceased daughter. Now as per Rule 4(ii), this
distribution shall be so made that that the surviving sons and daughters of the predeceased daughter
get equal portions. Therefore, if A, a Hindu male dying intestate is survived by a widow and a
grandson and granddaughter from a predeceased daughter B, then As property upon his death shall
be divided in two parts- one part to his widow and one part to Bs branch. The part inherited by Bs
branch shall be divided equally between Bs son and daughter.