Succession to the property of a Hindu Male

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Author Name: shahistapathan

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...

“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.

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.

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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

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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.

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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.

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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.
The author can be reached at: shahista@legalserviceindia.com

ISBN No: 978-81-928510-1-3

Author Bio: I am Shahista Musa Pathan. I am studing in Third Year of Five Year Law course, at
Ismailsaheb Mulla Law College, Satara.
Email: shahista@legalserviceindia.com
Website: http://www.
Views: 138921
Comments :

Pradeep K : Sir, A hindu male died leaving behind his wife, one eldest daughter and four younger
major sons.The court in final decree proceeding partioned the property by metes and bounds as
A,B,C,D,E,and F. My questions is who will get the first share i.e A, and who will B.i.e second share. Is
it according to birth that is widow first, elder daughter second and brothers so on or widow first, sons
next and lastly daughter. Kinly respond to my query.

advocate mishra : Mr. Pradeep K, it should be mentioned in the order sheet, if not than file an
application in the same court for the judge to give clarity to the judgment, this will help avoid
unnecessary tension amongst family members

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advocate mishra : every legal heir gets a share in ancestral property

akash mahato : My grand father has double marriage . First wife born one child and second gave
birth to four child . Now how my grand father property will be distributed among his five children . By
religion we are hindu .please mention certain article of indian constitution

Patil : my great Grand father died in 1951 living behind 2 son & 3 daughter out of that one daughter
died before 1950 living behind daughter can she claim share in property & what will be her share.

piush : My four father (ancestral) property partition. My elder brother has all the ancestral property, he
is not give my share of this property, so I give my first notice on that date 10-12-98 , and received
replay of this notice on 30-12-98, and next notice is given on 31-05-99 by me. My lawyer suit a file in
adj court on 15-9-2000 without court fess (indigent) , On 24-09-2003 court order me to pay a court fess
with in one month and giving next hiring Date (23-10-2003). But in this period, I am not able to deposit
court fess so that case is dismiss on 23-10-2003 Now in this time what we do for this case, My son or
me are eligible to appeal in the court for this ancestral property.

Anand : We are three brothers and got a valuable ancestral property.I am no 2 among brothers and
unmarried.Can I claim my share from the ancestral property as am single. Please explain the
procedure of division as other bros are not ready

Manoj : Hmari jmeen mere pardada ke name thi mere dada ki death 1953 me ho gai. Mere papa aur
bua do varis h meri dadi ne vasiyat mere name kr di h. Kya meri bua hissa maang skti h

rajesh : sir, meri mummy ke father ki aug.2005 me death ho gayi thee. meri mummy ki death 1983 me
unse pahle hi ho chuki thee. now 2011 me mere mama (mummy'brother) ne mujhe suchna diye bina hi
civil suit court se keval khud ko varis banvaker saari property le lee h.civil court judgement me meri
died mother ya mera naam nahi h. mai ek married woman hu. Kya nana (mummy'father) ki property
me mera right banta h? kindly mujhe solution bataye.

saurabh : sir, Mere dadaji ki death ho gyi hai. Par dadi abhi jinda hai. Mere dadaji ke 2 ladke and 4
ladki hai, sbhi ki shadiya ho chuki hai, 2 ladko me se 1 mere papa ki death ho gyi hai, mere papa ke
bad mai aur maa bache sadasya hai. Dadi hamare sath rahti hai. Mere chacha(papa se bade bhai) ek
sarkari seva se retired hai.pension paate hai.Mere chacha ke 1 ladka aur 3 ladkiya hai, 1 ladki ko
chhor baki shadi suda hai. Meri dadi ko sarkari pension milta hai. Mai yah janta chahta hu ki kanuni
taur pe mere dadi ki dekhbhal ki jimevari kiske banti(1) mere chacha ya(2) meri(unke pota)

Subhendu Chowdhury : My father expired some 3 years back when I was not present there. He left
behind property and money. We are 2 brothrers. I have settled in Assam whereas my elder brother
stays in the ancestral house in West Bengal. Now he is refusing to give me any share. Please advice
me.

Ranjit : Father died survivor mother 2 sons and 1married daughter.Father has nominated Ranjit in
main account but did not write any will.what will be distribution of the house father has made on his
own. Secondly is not supporting me as she is staying with his younger son in the ground floor and I am
staying in the first floor. Please suggest. Ranjit

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S A Patel : Query here, If my faher deid and mother doing 2nd marriage, Then the son from 2nd
marriage is in part of my father's property ?

paramveer singh : my son and his had get out from my house build by me and my father when my
father was alive. their behave is still what i do

prasant kumar : Sir. Mere dada ji ki property thi r mere pita ji unke eklaute beta h r unki do marriage
hui h dono own sister h. Badi mom k ek beta aur meri mom k 1 beti r hm do bhai h.. mere step brother
r mer bde bhai ki and sister ki sadi ho gyi h mai unmarried hu.. mere step brother property me adha
hinsa mang rhe j jbki meri step mom hm dono bhai nd mere mom dad sb sath rhte h. Meri step mom v
apne bete k sath kvi nhi rhna chahti h.. so sir pls guid me ki property me kiska kya share hoga hm by
cast baniya nd religon se hindu h.. pls sir suggest me what can I do.. kya meri sister ka v shair hoga
agr wo dimand krti hto.

naveen : Dear Sir.. I have a question on a flat purchased by a husband on Wife's name and She is
now no more. They have a Son and a Daughter besides husband. Please help us understand as per
law whom shall the flat shall be transferred. There may be two circumstances, (A) is in case the
nomination of husband is there in the society. (B) is what if the Son and Daughters are minors. Look
forward for your help in this matter.

rajesh kr : A hindu family have two brothers and one married sister,both broter have buy land registry
by name of both brothers in about 1962,after registery one brother is death and in 1975 live brother
sell all portion of land ,it is valid or not,is any shere left for sister

teja : father died when children are minors, ie one wife one son and one daughter

Sourab Chatterjee : sir, My grand mother Smt. Maya lata devi owning a land died in 1950 without
leaving any will of property and was survived by his two sons Mr. Shyamadas Mukherjee and Taradas
Mukherjee.Shyamadas Mukherjee the elder son died in 1988 without any will.What would be the
status of His property after his death? would that property automatically be transfered to his younger
brother Mr. Taradas Mukherjee? or what are the other options?

samarth : My father & his brothers were living together with their childrens . They were helping each
other in their business . My father had purchased land on his own Name & Built Commercial Complex
on it .Now Can other brothers has right to demand share in that property?

bindu : a hindu male died intestate leaving behind widow,mother and daughter,widow remarried,so
whether she have any right in the property of the intestate husband as she is remarried.Who will get
the right to that property Please advice me

Ritesh : sir me ye jana chata hu ki meri mother ab nahi he or meri step mothet muje mere son or wife
ko 5saal se nahi rahine de rahe he meri financial thik nahi he pls muje ye bataye mera mere father ki
property par kya right he

7/10
prithviraj : if X man died in 1980 he had one married son(A) and one married daughter(B) died in
1990 daughter had 2 sons and one daughter according to 1956 hindu sucssesion law what is the ratio
between A and B

kan : Hello, Couple of months back my brother-in-law died (Sister’s Husband); he enrolled for Policies,
PPF Account with nominee (my Sister & his Son); but now sister’s In-Laws harassing my sister for
money. So, please advice.

UMESH : Sir Kay property me chore Bhai ka bhi aadhikar hota hai

somanath : we are 5 childrens for my family 4 male and 1 female, unfortunately 1 person was divided
very long back around 20yers and my father was brought 3.5 hector he made agreement but he had
not paid full of amount he paid up to 25% and the reaming 75% amount has paid who suppurated from
us. now telling that i need share in father property and full property from reaming balance paid
property. how to devoid the property now. please can anyone suggest for this.

H C Arora : My father expired in June 2008.I have step mother who has three children -two boys and
one daughter & all are married and having kids. I have two elder sisters and no real brother. One
married sister is expired. I don't know my father has left will or not but was having property. Please
advise me how can I claim my share

Saranya : Hi, Need an assistance!! I got married on 30th Jun’14 but my husband was passed away on
15th Jan’15 due to an accident happened on his office. I don’t have any kids. We got some settlement
amount from his office with 50% 50% ration (In-laws 50% & widowed wife 50%). Family members :
Father-in-law, Mother-in-law, two Sister-in-law (both are married) and myself. My father-in-law is
having overall 15 acres & one house in his native place and most of them from ancestors and few he
bought it. My husband was constructed a new house in Chennai, he was spend more than 10 lakhs to
the construction. However, the house was in his grandma’s name. Here are my questions: Do I eligible
to get any property from my father-in-law (as per Hindu law)??? If yes, can you please let me know the
proportion % (its 5 share or 3 share?) Is it possible to get the house or claim the construction amount?
Please help me!

Vijay Sitaram Borse : Where I get the heirs chart. What i have to do for this

RAHUL KUMAR : Sir mere pittaji double married phle maa ke gujarne ke baad unnhone dussri shaadi
kari phle maa se ek beta ek beti dusre se v ek beta ek beti or jo bade bhai hai wo pareshan krte hai
papa ko ki meko khandanni property me 50%share de dijiye toh kya ye sahi hai ya galat

Rajendra : fater has left his wife and sons and do not care them. wife and sons are filed a partition suit
against father/husbant to ancestral property. are they got their share from their father/husband by any
indian law

8/10
cssundaram : My Mother purchased a house selling her jwelleries. She died in 1982 leaving her
husband and three children. In 1983 my father married second time and got two children to his second
wife. He executed a will giving this house to second wifes children. We filed a suit asking the property.
He replied that he has purchased the property in the name of my mother. But before the suit comes to
trial he passed away. Whether we can claim the house fully as he has expired and the house was
bought by my mother using only her sthreedhan?

P nagaraja : Is there any right to a son on biological family property, when he was going to live
completely along with his wife family after marriage.

DILEEP SINGH RAJPUT : Dear Sir, My grandfather nominate grand sons for their land property so
what is the probability that my bua will claim property. my grandfather did not mention even their name
in the vasiyat.

kk mutreja : I am 69 years old and I have 1 daughter from my first wife. After death of my wife in 2005
I remarried a widow ,who had two sons from her first husband . I have an ancestral property and
another property owned by my own resources.All the children and my wife are well to do. My question
is that whether my step sons have any right over the property, or can they raise a right over the
property in the event of me bequeathing the property in the name of my daughter. I intend to divide the
property owned by me amongst the 2nd wife and her two sons .

avinash Avhad : I want to do juniorship at lawyer

Narender Singh : We were 3 brothers (A,B,C). My younger brother(B)had purchased a land with the
financial help of A & C. After some time, we had constructed a house on it. And unfortunately, my
younger brother(B) died due to cancer. My brother(B) was unmarried when he was died. After 15
years mother has also died. At the age of 60 my father is going to remarry with a widow. He is also
threatening to us (A & C) that he will sale out of B property. Kindly guide us, what will be the legal right
of A & C over younger brother(B) property ? Have my father right to sale B property without consent of
A & C.

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