The general rules of succession in the case of males in the Hindu Succession
Act, 1956. According to section 8 of this act the property of a male Hindu
dying intestate shall devolve according to the provisions of this Chapter:
- firstly, upon the heirs, being the relatives specified in class I of the
Schedule;
- secondly, if there is no heir of class I, then upon the heirs, being the
relatives specified in class II of the Schedule;
- thirdly, if there is no heir of any of the two classes, then upon the
agnates of the deceased; and;
- lastly, if there is no agnate, then upon the cognates of the deceased.
In the class I heirs are mother, widow, daughter, son, widow of a predeceased
son, son of a predeceased son, daughter of a predeceased son, widow of a
predeceased, son of a predeceased son son of a predeceased son of a predeceased
son, daughter of a predeceased son of a predeceased son, daughter of a
predeceased daughter , son of a predeceased daughter, son of a predeceased
daughter of a predeceased daughter, daughter of a predeceased daughter of a
predeceased daughter, daughter of a predeceased son of a predeceased daughter
and daughter of a predeceased daughter of a predeceased son.
The class II heirs are father, son's daughter's son, son's daughter's daughter,
brother, sister, daughter's son's son, daughter's son' daughter, daughter's
daughters' son, daughter's daughter's daughter, brother's son, sister's son,
brother's daughter, sister's daughter, father's father, father's mother,
father's widow. brother's widow, father's brother, father's sister, mother's
father, mother's mother, mother's brother, mother's sister.
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 intestate's 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-deceased son shall be so made that
his widow (or widows together) and the surviving sons and daughters gets equal
portions; and the branch of his predeceased sons gets the same portion;
(ii) (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.
The Hindu man dies with the following relatives
W-Widow, S- Son, 3S1 Three Grandsons of a predeceased son, D- daughter, 2D1- and
two granddaughters of a predeceased daughter.
They are all relatives of First Class, and hence, inherit simultaneously.
According to rule 1 of Section 10, the Widow gets one share, and according to
rule 2, The Son and Daughter take one share each, i.e. two shares. Rule 3
prescribes that the branches get one share together, and hence 3S1 and 2D1get a
share each. This puts us at 5 Shares.
Hence, the Son, Daughter and Widow get one share each, i.e. 1/5th or 20% of the
property each.
3S1 and 2D1 get a share each, meaning 3S1 gets 1/5th of the share, so each
grandson gets 1/15th or 6.66% of the share, and each granddaughter gets 1/10th
or 10% of the share.
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