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.

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.

Example: 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 daughter’s son and daughter ‘DS’ and ‘DD’, predeceased son’s
Predeceased son’s 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) Son’s daughter’s son. b) Son’s daughter’s daughter. c) Brother. d) Sister.

3] Category III -
a) Daughter’s son’s son. b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son. d) Daughter’s daughter’s daughter.

4] Category IV -
a) Brother’s son. b) Brother’s daughter. c) Sister’s son. d) Sister’s daughter.

5] Category V -
a) Father’s father. b) Father’s mother.

6] Category VI -
a) Father’s widow. [Step mother]. b) Brother’s widow.

7] Category VII -
a) Father’s brother. b) Father’s sister.
8] Category VIII -
a) Mother’s father. b) Mother’s mother.

9] Category IX –
a) Mother’s brother. b) Mother’s 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, brother’s son, son’s
son, son’s son father, father’s father, father’s mother, father’s father’s father
& mother, son’s daughter, son’s son’s 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 sister’s sons & daughters;
daughter’s sons & daughters; mother’s mother & father; father’s mother’s
father & mother; mother’s father’s 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.