Succession to the Property of a Hindu Male (Hindu Law)

Possible Heirs and Order of Succession

Section 8[1] outlines the potential heirs of a Hindu male who dies intestate (without a will) and, in conjunction with Section 9[2], establishes the order of succession. According to Section 8[3], the property of a male Hindu dying intestate shall pass in the following order:

• First, to the Class I heirs listed in the Schedule;
• Second, if there are no Class I heirs, to the Class II heirs;
• Third, if no heirs exist in either Class I or Class II, the property devolves upon the agnates (male relatives on the father’s side) of the deceased;
• Lastly, if there are no agnates, the property passes to the cognates (relatives on the mother’s side) of the deceased.

Section 9[4] supplements these rules by specifying the hierarchy among heirs listed in Classes I and II. It states that heirs in Class I inherit simultaneously and to the exclusion of all other heirs. Within Class II, those listed in the first entry take precedence over those in the second entry, and those in the second entry take precedence over those in the third, and so forth.

Succession Among Class I Heirs

Class I Heirs are the primary heirs under the Hindu Succession Act, and the property of a deceased Hindu male who dies intestate will first devolve upon these heirs. According to Section 9, Class I heirs inherit simultaneously, meaning that all heirs in this category inherit equally, without any hierarchy, preference, or priority among them. No heir from Class I can exclude or be excluded by another. All heirs alive at the time of succession are eligible to inherit unless disqualified under any provision of the Act.

Priority of Class I Heirs

• In the presence of any Class I heir(s), no other class of heirs (Class II, agnates, or cognates) can inherit the deceased’s property.
• Class II heirs can inherit only if no Class I heirs are alive.
• Among Class I heirs, all heirs inherit equally and simultaneously, forming a distinct group that takes precedence over all other heirs.

Who Are the Class I Heirs?

Class I heirs include the following individuals originally listed in the Schedule to the Act, with four more added after the 2005 amendment:

• The primary heirs include the son, daughter, widow, and mother, who inherit directly based on their close relationship with the deceased.
• The remaining heirs include grandchildren and great-grandchildren, inheriting through predeceased sons or daughters.
• The father, brothers, and sisters are not included as Class I heirs under the Act.

Additional Class I Heirs (2005 Amendment)[5]

1. Son of a predeceased daughter of a predeceased daughter
2. Daughter of a predeceased daughter of a predeceased daughter
3. Daughter of a predeceased son of a predeceased daughter
4. Daughter of a predeceased daughter of a predeceased son

The legislative intent behind these provisions is to ensure succession based on the closeness of familial relationships and presumed natural affection, with no distinction based on gender or whether an heir is related through male or female lineage.

Specific Categories of Class I Heirs

1. Mother: The mother is a Class I heir and inherits an absolute share of the property under Section 14[6] of the Act. Factors such as unchastity, remarriage, or divorce do not disqualify the mother from inheriting her son’s property. She is also entitled to inherit from her illegitimate son or a son born out of a void or voidable marriage, as per Section 16[7] of the Hindu Marriage Act.
2. Adoptive Mother: An adoptive mother is treated as a Class I heir, as an adopted son is legally considered the child of the adoptive parents from the date of adoption. The biological mother loses her right to inherit the property of a son given up for adoption.
3. Step-Mother: A step-mother does not qualify as a Class I heir. However, she may inherit as the widow of the deceased’s father under Class II heirs.
4. Widow: The widow inherits along with other Class I heirs. If the deceased had more than one widow, they collectively inherit a single share of the property. A valid marriage is required for a widow to inherit; widows from void or annulled marriages are not entitled to inherit. However, a widow retains her inheritance rights even if her husband dies during pending divorce proceedings. Unchastity or remarriage of a widow does not disqualify her from inheriting under the Act. Once a widow inherits property, it remains vested in her even if she remarries.
5. Son, Grandson, and Great-Grandson: Section 8[8] grants the right of inheritance only to the son, not to the grandson or great-grandson, if the son is alive at the time of succession. The term “son” includes both biological and adopted sons. A posthumous son (born after the death of the father) is considered as if he was born before the father’s death for the purposes of inheritance (Section 20)[9]. The Act does not differentiate between sons who are part of a joint family and those who are not. A step-son, however, cannot inherit from a step-father. Similarly, an illegitimate son of a Hindu male dying intestate is not entitled to any share in the inheritance.
6. Daughter, Granddaughter, and Great-Granddaughter: A daughter, like a son, inherits absolutely and equally with other Class I heirs. There is no distinction between married and unmarried daughters in terms of inheritance rights. The term “daughter” includes adopted, posthumous, divorced, and widowed daughters. Unchastity is not a ground for disqualifying a daughter from inheriting. However, an illegitimate daughter cannot inherit the father’s property, though she is entitled to maintenance from her father’s estate. A step-daughter cannot inherit from a step-father.
7. Children Born of Void or Voidable Marriages: Section 16 of the Hindu Marriage Act, 1955[10], legitimizes the children born out of void or voidable marriages. These children are considered legitimate for the purposes of succession and are entitled to inherit from their parents as if they were born in a lawful marriage.

Distribution of Property among Class I Heirs

Section 8[11] outlines the heirs, while Section 9[12] establishes the order of succession and confirms that preferential heirs inherit simultaneously, without priority among them. However, not all Class I heirs receive equal shares. The distribution of shares is governed by the rules specified in Section 10[13], which provides four guidelines for determining how the property of the deceased (propositus) will be distributed.

Rule 1: Share of the Widow or Widows

The widow of the intestate is entitled to one share. If there is more than one widow, they collectively receive one share, which they then divide equally among themselves. This differs from the treatment of sons and daughters, each of whom individually receives one share.

Co-Widows and Section 19(6): Section 19(6)[14] of the Act abolishes joint tenancy among heirs. Instead, they inherit as tenants-in-common, meaning that upon the death of one, their share is passed to their heirs based on inheritance rules.

Rule 2: Share of Sons, Daughters, and Mother

A man may have more than one wife or child, but only one mother as a Class I heir. The mother of the intestate receives one share, and her remarriage does not disqualify her from inheritance. Each son and daughter alive at the time of the intestate’s death receives an equal share, regardless of whether they come from different wives or their number is unequal. This rule reflects the principle of equal distribution among heirs of the same degree of kinship to the deceased.

Rule 3: Share of Heirs of Predeceased Sons or Daughters (Per Stirpes)

Heirs of a predeceased son or daughter inherit one share between them. If the predeceased son or daughter has surviving children, they take this share and divide it equally. This rule applies through the doctrine of representation, where the heirs inherit as representatives of the deceased son or daughter.

Rule 4: Distribution of the Share Under Rule 3 (Corollary to Rule 3)

The share obtained by the branch of a predeceased son or daughter under Rule 3 is further divided as follows:

• Branch of a Predeceased Son:
  • His widow(s) will receive one portion.
• Each surviving son will receive one portion.
• Each surviving daughter will receive one portion.
• The branch of any predeceased son of the deceased will receive one portion.
• The heirs listed in (a) to (d) will receive equal portions.
• Branch of a Predeceased Daughter:
  • Each surviving son will receive one portion.
• Each surviving daughter will receive one portion.
• These heirs in (a) and (b) will receive equal portions.
• Unlike the widow of a predeceased son, the widower of a predeceased daughter does not inherit any portion.

Succession Among Class II Heirs

Overview of Class II Heirs: Section 8[15] specifies that the property of a male Hindu who dies intestate will be distributed to heirs categorized as Class II if there are no Class I heirs. In essence, Class II heirs are the next line of succession following Class I heirs.

Order of Class II Heirs: Similar to Class I heirs, the Class II heirs inherit sequentially. If no Class I heirs exist, the property will be inherited by the Class II heirs in the order specified in the Act. Among Class II heirs, those listed first take precedence over those listed later.[16]

Categories of Class II Heirs

1. Father: The father is a Class II heir. However, in the presence of a son or daughter, the father is not entitled to inherit.
2. Siblings (Brothers and Sisters): The deceased’s brothers and sisters inherit the property equally. If a brother or sister is deceased, their share will be divided among their surviving children. Only the children of a predeceased brother or sister are entitled to inherit, not their spouses.
3. Grandparents: Grandparents (both paternal and maternal) inherit equally, sharing the property among themselves. Grandparents cannot inherit if there are living parents or siblings.
4. Uncles and Aunts: Uncles and aunts (both paternal and maternal) are Class II heirs. If a sibling of the deceased has children, only the children of a predeceased uncle or aunt can inherit.
5. More Remote Relations: The Class II category includes more remote relations such as cousins and great-grandparents.

Distribution Among Class II Heirs

Class II heirs are also distributed their share of the property as follows:

• Equal Distribution: All Class II heirs inherit equally among themselves, without any preference based on lineage or degree of kinship.
• Right of Representation: If a Class II heir has predeceased, their share is divided among their children. The share is divided equally among all children of the predeceased heir.
• Inherit Only in Absence of Class I Heirs: Class II heirs inherit the property only when no Class I heirs exist, according to the order specified in Section 9[17].
• Priority: When determining the distribution of property among Class II heirs, those listed earlier in the schedule take precedence over those listed later.

Succession Among Agnates and Cognates

• Agnates: In the absence of heirs in Classes I and II, the property passes to the agnates. An agnate is a relative related solely through male lineage, whether by blood or adoption.
• Cognates: If there are no relatives in Classes I and II or agnates, the cognates are next in line to inherit. Cognates are relatives who are not exclusively through males. It is exceedingly rare, if not impossible, for a deceased individual not to be survived by agnates to some degree, making the likelihood of cognates succeeding quite minimal.
• Section 8 clearly indicates that the Hindu Succession Act (HSA)[18] has eliminated competition between agnates and cognates for inheritance. All agnates, regardless of how distant their relationship may be, are given precedence over all cognates, regardless of their proximity.
• Devolution to the Government: If a Hindu dies without any heirs in Class I or Class II, and there are no agnates or cognates, the property will devolve to the government. When the government inherits the property, it also assumes all obligations and liabilities of the deceased.

[1] The Hindu Succession Act, 1956, s. 8.

[2] Id. at s. 9.

[3] Supra at 1

[4] Supra at 2

[5] The Hindu Succession (Amendment) Act, 2005

[6] The Hindu Succession Act, 1956, s. 14.

[7] Id. at s. 16.

[8] Supra at 1

[9] The Hindu Succession Act, 1956, s. 20.

[10] Supra at 7

[11] Supra at 1

[12] Supra at 2

[13] The Hindu Succession Act, 1956, s. 10.

[14] Id. at 19(6).

[15] Supra at 1.

[16] Supra at 2.

[17] Ibid.

[18] Supra at 1.