SUCCESSION TO PROPERTY OF A HINDU MALE DYING INTESTATE

INTRODUCTION
When a Hindu male dies without making a will, his property does not remain ownerless. The
law provides a clear and systematic method for distributing such property among his legal
heirs. This is known as intestate succession and is governed by the Hindu Succession Act,
1956 specifically Sections 8-12.
The Act lays down rules to determine who will inherit the property and in what order of
priority. It gives preference to close family members such as the wife, children, and mother,
and then gradually extends to more distant relatives. The law also ensures fairness by
providing equal rights to heirs within the same category.
Thus, these provisions create a structured system of succession, avoiding disputes and
ensuring proper distribution of property when a Hindu male dies intestate.
Concept of Intestate Succession
When a Hindu male dies without making a will, his property is distributed according to the
rules of intestate succession under the Hindu Succession Act, 1956. The law provides a clear
order of heirs and ensures that property goes first to close family members and then to
more distant relatives if necessary. These rules help in avoiding disputes and ensure fair
distribution of property.
Section 8 – General Rules of Succession
Section 8 lays down the basic order of succession for a Hindu male dying intestate. It clearly
states the categories of heirs and the sequence in which they will inherit the property.
Firstly, the property devolves upon Class I heirs, who are the closest relatives such as the
widow, children, and mother. All Class I heirs inherit simultaneously, and even a single Class
I heir will exclude all other categories of heirs.
If there are no Class I heirs, the property then passes to Class II heirs, who are more distant
relatives listed in the Schedule. If neither Class I nor Class II heirs are available, the property
goes to agnates, i.e., relatives connected through the male line only. In the absence of
agnates, the property devolves upon cognates, i.e., relatives connected through both male
and female lines.
This section is based on the principle of propinquity, which means that nearer relatives are
preferred over more distant ones. The closer the relationship, the higher the priority in
inheritance.
Section 9 – Order of Succession
Section 9 of the Hindu Succession Act, 1956 explains how heirs succeed within the same
class. It provides that all heirs belonging to a particular class inherit simultaneously and not
one after another. There is no priority among heirs within the same class, and each of them
has an equal right to inherit.
For example, if a Hindu male dies leaving behind a widow, a son, and a daughter (all Class I
heirs), all of them will inherit the property together and equally. No one gets preference
over the other.
At the same time, this section also reinforces that heirs in a higher class exclude heirs in
lower classes. This means that if Class I heirs are present, Class II heirs will not inherit
anything, and so on. Thus, Section 9 ensures equality within a class and priority between
different classes, making the system of succession clear and fair.
Section 10 – Distribution among Class I Heirs
Section 10 of the Hindu Succession Act, 1956 lays down the rules for distribution of
property among Class I heirs. While Section 8 tells us who will inherit, Section 10 explains
how much each person will get. The aim is to ensure equal and fair distribution among close
family members. The property is divided among Class I heirs according to the following
principles:
1. Firstly, the widow (or all widows together, if more than one) is entitled to one equal
share.
2. The mother, each surviving son, and each surviving daughter also receive equal
shares. All these heirs are treated equally, reflecting the principle of fairness under
the Act.
3. If any son or daughter has died before the intestate, their children do not lose their
right. Instead, they inherit the share that their parent would have received. This is
known as the principle of representation.
4. Further, the share of such a predeceased child is divided in a specific way:
a. The share of a predeceased son is divided among his widow(s), his children,
and the children of any predeceased son of his.
b. The share of a predeceased daughter is divided equally among her children.
Thus, Section 10 ensures that even the descendants of deceased children are protected and
get their rightful share in the property.
Section 11 – Distribution among Class II Heirs
Section 11 of the Hindu Succession Act, 1956 applies when there are no Class I heirs. It lays
down the method of distribution among Class II heirs, who are listed in different entries in
the Schedule.
The most important rule under this section is that heirs in the higher entry exclude those in
lower entries. This means that if even one heir is present in a higher entry, all heirs in the
lower entries will not inherit anything.
If there are multiple heirs within the same entry, they will inherit the property equally
among themselves. There is no preference among heirs within the same entry.
For example, if heirs in Entry I are present, heirs in Entry II or below will not get any share. If
there are two heirs in the same entry, they will divide the property equally.
Section 12 – Order among Agnates and Cognates
Section 12 of the Hindu Succession Act, 1956 states that the proximity of relationship
determines the priority of distribution of property. This means that closer relatives exclude
more remote ones from succeeding. If two or more relatives are in the same degree, they
inherit the property simultaneously and equally.
When there are no Class I or Class II heirs, succession follows this rule of proximity. The
property first goes to agnates, i.e., relatives connected through the male line only (for
example, a paternal uncle is preferred over a more distant cousin). If no agnates are
available, it goes to cognates, i.e., relatives connected through both male and female lines,
and their relationship is calculated based on degrees or steps from the deceased.
Section 13 – Rules for Determining Degree
Section 13 lays down the rules for determining priority among agnates and cognates. It
provides that:
• Descendants are preferred over ascendants
• Relatives with fewer degrees of relationship are preferred
• Full-blood relatives are preferred over half-blood relatives
These rules help in deciding who is the closest relative when multiple agnates or cognates
are present.
State of Maharashtra v. Narayan Rao Sham Rao Deshmukh
Facts: A dispute arose regarding succession to the property of a Hindu male who died
intestate. The question was whether Class II heirs could claim a share when a Class I heir
(widow) was present.
Judgment: The Supreme Court held that even a single Class I heir is sufficient to exclude all
Class II heirs. It reaffirmed the rule under Section 8 that succession follows a strict order—
Class I → Class II → others. The Court also clarified that, unlike earlier Hindu law where
coparcenary property devolved by survivorship, it now devolves according to statutory
succession under the Act.
Shanta Devi v. State of Bihar
Facts: Thakur Prasad died intestate leaving behind his widow (Sona Devi) and his daughter
(Shanta Devi) along with Shanta Devi’s daughters. In mutation proceedings, the Deputy
Collector ordered equal division of property between the widow and the daughter. Shanta
Devi challenged this decision, but her appeal and revision were dismissed, leading to a writ
petition.
Judgment: The Patna High Court upheld the mutation order and held that under the Hindu
Succession Act, 1956, all Class I heirs are entitled to equal shares. The court rejected the
argument that the widow alone should inherit the entire property and emphasized the
principle of equality among Class I heirs.
 SUCCESSION TO PROPERTY OF A HINDU FEMALE DYING INTESTATE
INTRODUCTION: Succession to property under Hindu law is governed by statutory rules that
determine how property is distributed when a person dies without making a will. While the
law provides a clear scheme for males, the rules for females are slightly different because they
take into account the nature and source of the property as well as the relationships of the
deceased.
In the case of a Hindu female dying intestate, the law aims to ensure that her property is
distributed in a fair and systematic manner, while also maintaining a connection with the
family from which the property was originally derived. These rules are laid down under the
Hindu Succession Act, 1956.
Thus, succession to a Hindu female’s property follows a structured order of heirs, along with
special provisions that consider whether the property came from her natal family or marital
family.
Section 15 – General Rules of Succession
Section 15 of the Hindu Succession Act, 1956 governs the general rules of succession for a
Hindu female dying intestate, while Section 16 lays down the rules for distribution among
heirs.
Section 15(1) applies to all property owned by the intestate Hindu female, except in cases
covered under subsection (2). It provides a clear order of succession.
✓ Firstly, the property devolves upon her sons and daughters (including children of any
predeceased son or daughter) and her husband.
✓ Secondly, in their absence, it goes to the heirs of the husband. Thirdly, it passes to her
mother and father. Fourthly, it devolves upon the heirs of the father, and lastly, upon
the heirs of the mother.
Section 15(2) provides important exceptions based on the source of the property:
Sec. 15 (2) (a) It states that if the property was inherited from the father or mother, and the
female dies without children, it will devolve upon the heirs of the father.
Sec. 15 (2) (b) says if the property was inherited from the husband or father-in-law, it will
devolve upon the heirs of the husband.
This rule ensures that the property returns to the family from which it originated, thereby
preventing it from passing to unrelated persons and maintaining the connection with the natal
or marital lineage.
Section 16 – Rules of Distribution
Section 16 of the Hindu Succession Act, 1956 lays down the rules for distributing the property
of a Hindu female who dies intestate, as identified under Section 15. It explains how the
property is to be shared among the heirs and ensures a fair and systematic distribution. It
explains 3 main Principals:
1. Priority Of Heirs: This means that heirs in earlier categories under Section 15(1) will
exclude those in later categories. Within the same category, all heirs inherit simultaneously
and equally, without any preference among them.
2. Share Of Predeceased Children: If a son or daughter has died before the female intestate
but has left children, those grandchildren will inherit the share that their parent would have
received. This ensures that the line of the deceased child is not excluded.
3. Devolution According To Source: In certain cases under Section 15(1) and 15(2), the
property is distributed as if the relevant relative (such as the father, mother, or husband) had
died intestate immediately after the female. In such situations, the rules of succession
applicable to male intestates are applied to determine further distribution.
Thus, the law ensures that property of a Hindu female is distributed in a fair, logical, and
family-oriented manner, while maintaining the connection with the family from which the
property originated.

Omprakash v. Radhacharan
Facts: A Hindu female died intestate leaving behind Stridhan (marriage gifts). She had no
children, and a dispute arose whether the property should go to her parents’ side or
husband’s heirs. It was also argued that she faced cruelty from her husband’s family.
Judgment: The Supreme Court held that Stridhan is treated as general property and will
devolve under Section 15(1). Therefore, it will pass to the heirs of the husband in absence of
Class I heirs. The Court refused to apply sympathy and stated that clear statutory rules must
be followed.
Bhagat Ram v. Teja Singh
Facts: A Hindu female, who had no children, inherited property from her father. After her
death (intestate), a dispute arose whether the property should go to her husband’s heirs or
father’s heirs.
Judgment: The Court held that under Section 15(2)(a) of the Hindu Succession Act, 1956,
property inherited from the father will go to the father’s heirs, not the husband’s heirs. The
Court applied the source rule, ensuring property returns to its original family.
 GENERAL RULES OF SUCCESSION (Sections 18–22) (CAN SKIP)

Apart from the main rules of succession, the Hindu Succession Act, 1956 also provides
certain general principles under Sections 18 to 22. These rules help in solving practical
issues that may arise during succession, such as preference between relatives, method of
distribution, rights of unborn children, and protection of family property. They ensure that
succession takes place in a fair, logical, and systematic manner.
Section 18 – Preference of Full Blood over Half Blood
Section 18 provides that heirs related by full blood are preferred over those related by half
blood, but only when the relationship is otherwise the same.
• Full blood means persons having the same father and mother.
• Half blood means persons sharing only one parent.
This rule applies only when both heirs are in the same degree and category. It does not
change the main order of succession given under Sections 8 and 15.
KEY POINT: Full blood relatives are preferred over half blood in the same degree.
Section 19 – Mode of Succession (Per Capita & Per Stirpes)
Section 19 explains how property is distributed when multiple heirs inherit together.
Generally, heirs take per capita, meaning each heir gets an equal share individually.
However, where heirs represent a deceased person, they take per stirpes, meaning they
inherit as a group (by representation).
Illustration:
If X dies leaving son A, and B & C (children of predeceased son Z):
• Per capita: A, B, C each get 1/3 share
• Per stirpes: Property divided into 2 parts → A gets 1 share, B & C share the other
This rule ensures fairness between individuals and family branches.
KEY POINT: Equal sharing per capita; representation per stirpes.
Section 20 – Right of Child in the Womb
Section 20 states that a child in the mother’s womb at the time of the intestate’s death is
treated as already born, provided it is later born alive.
Such a child gets the same share as other heirs, and its rights are considered from the date
of death of the intestate. If the child is not born alive, its share goes back to other heirs.
This rule protects the rights of unborn children and ensures fairness.
KEY POINT: Unborn child (if born alive) is entitled to inheritance.
Section 21 – Presumption in Case of Simultaneous Death
Section 21 deals with situations where two persons die at the same time and it is unclear
who died first. In such cases, the law presumes that the younger person survived the elder.
This presumption is used only for deciding succession and can be rebutted by evidence if
facts prove otherwise.
KEY POINT: Younger presumed to survive elder unless proved otherwise.
Section 22 – Preferential Right to Acquire Property
Section 22 provides that when a Class I heir wants to sell his share in the inherited property,
he must first offer it to other Class I heirs.
• If the parties do not agree on the price, the court determines the price.
• If the buyer refuses to pay, he may be liable for costs of proceedings.
• If multiple heirs want to buy, the one offering the highest price gets priority.
This rule ensures that property remains within the family and prevents it from going to
outsiders unnecessarily.