FAMILY LAW

SUCCESSION OF
MALE HINDU
PROPERTY
Succession to the property of a Hindu
Male
The Hindu Succession Act, 1956, is a law that was passed by the
‘Parliament of India’. The preamble of the Act signifies that an Act to
amend and codify the law relating to intestate succession among
Hindus. The Act lays down a uniform and comprehensive system of
succession whereas attempt has been made to ensure equality
inheritance rights between sons and daughters. It applies to all Hindus
including Buddhists Jains and Sikhs. The Hindu Succession Act, 1956
preserves the dual mode of devolution of property under the Mitakshara
School. The joint family still devolves by Survivorship with this important
exception that if a Mitakshara Coparcener dies leaving behind mother,
widow, daughter, daughter’s daughter, son’s daughter, son’s son’s
daughter, son’s widow, son’s son’s widow, or daughter’s son his interest
in the joint family property will devolve by succession.

Distribution of Property after Death – Hindu

Male
For Hindus, testamentary succession (succession by way of Will) is as
per the Indian Succession Act and intestate succession (succession
without Will) is as per the Hindu Succession Act. In this article, we look
in detail the process for distribution of property after death of a Hindu
male as per the Hindu Succession Act.
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 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.

Succession to a Mitakshara Coparcener’s

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.