CLASS OF LEGAL HEIRS UNDER HINDU LAW

INTRODUCTION
The Hindu Succession Act of 1956 deals with inheritance and succession of property. It deals
with both intestate (a person has died without making a will) and testamentary (where a
person has died after making the will) succession. Section 2 of the Act talks about the
applicability of the Act to person-
• Hindu by religion
• Buddhist, Jain, Sikh by religion
• Not Muslim, Christian, or Parsi by religion
• A person who has converted or reconverted to Hindu, Buddhist, Jain, or Sikh
Section 3(1)(f) defines “heir” as any person, male or female, who is entitled to succeed to the
property of an intestate under this Act1. It can be said that legal heirs are those persons who
are legally entitled to succeed property of a deceased person without will.
Section 6 of the Act deals with the devolution of interest in coparcenary property this section
was added through the Hindu Succession Amendment (Act) 2005 which was a major change
toward ensuring gender equality. Before this amendment, there was women's full right to
ownership, and limited status was removed through the Hindu Succession Act of 1956 but
there were no rights of daughter as coparcener. After this amendment act law recognized joint
families governed by Mitakshara law daughter shall also be a coparcener2.
PROVISION RELATED TO SUCCESSION
Section 8 of the Hindu Succession Act deals with the general rule of succession in the case of
the male who has died without making a will:
• The property goes to the relatives listed in Class I of the Schedule.
• If there are no Class I relatives, the property goes to the relatives listed in Class II of
the Schedule.
• If there are no relatives in either Class I or Class II, the property goes to the agnates
(male relatives on the father's side) of the deceased.
• If there are no agnates, the property goes to the cognates (other male relatives) of the
deceased3.
Section 15 of the Act deals with the general rule of succession in the case female who has
died without making a will:
• The property goes to her sons and daughters (including the children of any deceased
son or daughter) and her husband.
• If there are none from the priority, the property goes to the heirs of her husband.
• If there are none of the first two priorities, the property goes to her mother and father.

1
The Hindu Succession Act, 1956 available at: https://www.indiacode.nic.in/ (visited on 25 June 2024).
2
Hindu Succession Amendment (Act) 2005 available at: https://www.indiacode.nic.in/ (visited on 25 June
2024).
3
The Hindu Succession Act, 1956 available at: https://www.indiacode.nic.in/ (visited on 25 June 2024).
 • If there are none of the first three priorities, the property goes to the heirs of her
father.
• If there are none of the first four priorities, the property goes to the heirs of her
mother.

Special Cases
• If the property was inherited by the female from her father or mother and she has no
sons or daughters (including children of any deceased son or daughter), it will go to
the heirs of her father4.
• If the property was inherited by the female from her husband or father-in-law and she
has no sons or daughters (including children of any deceased son or daughter), it will
go to the heirs of her husband5.
CATEGORIZATION OF HEIRS
The heirs of the deceased person are classified into four categories:
1. Class I
2. Class II
3. Class III (Agnates of the deceased person)
4. Class IV (cognates of the deceased person)
Class I Heirs Formatted: Underline

Before the Amendment of 2005 in class I there were 12 heirs of which 8 were females and 4
were males after the Amendment of 2005 4 new heirs were added of which 11 were females
and 5 were males. The heirs of class I are given below:

• Sons
• Daughters
• Widows
• Adopted sons
• Mothers
• Sons of a predeceased son
• Widows of a predeceased son
• Son of a predeceased son of a predeceased son
• Widows of a predeceased son of a predeceased son
• Daughter of a predeceased son
• Daughter of a predeceased daughter
• Daughter of a predeceased son of a predeceased son

4
Hindu Succession Act available at: https://blog.ipleaders.in/ (visited on 25 June 2024).
5
Hindu Succession Act available at: https://blog.ipleaders.in/ (visited on 25 June 2024).
 • Son of a predeceased daughter
• Daughter of a predeceased 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 son
• Daughter of a predeceased son of a predeceased daughter
Section 9 of the Hindu Succession Act of 1956 deals with the order of succession among
heirs
• All Class I heirs inherit the property together and exclude all other heirs.
• If there are no Class I heirs, the property goes to Class II heirs. Within Class II, heirs
in the first entry are preferred over those in the second entry, those in the second entry
are preferred over those in the third entry, and so on6.
It can be said that for class I simultaneous rule is applied for the inheritance of property
where heirs get an equal share whereas in class II is preferential rule is applied where the
first heir will get all the shares.
• Chart of devolution between class I heirs
Mother
Deceased person widow

Son daughter

Pd son widow
son pd son pd son widow
pd Daughter daughter son
daughter daughter

Pd daughter son
daughter
pd son daughter
pd daughter daughter
son
*Note: pd means pre-deceased

6
The Hindu Succession Act, 1956 available at: https://www.indiacode.nic.in/ (visited on 25 June 2024).
 • Rules of devolution
Mother will include both natural or adoptive mother but not include stepmother.
A widow will get one share and if there is more than one widow they will collectively get one
share and they distribute that share equally between them. In the case of Ramkali v. Mahila
Shyamwati7 the court decided that if a woman was in a marriage that was either voidable or
void, and that marriage was later annulled by the court after her husband's death, she would not
be considered his widow. Consequently, she would not have the right to inherit his property. If
a widow of a predeceased son or the widow of a brother remarries, she will no longer be
considered a "widow" for inheritance purposes and will not have the right to inherit their
property.
Son will include both natural and adoptive sons but not stepson or illegitimate child. Similarly,
the daughter will include both the natural and adoptive daughter but not the stepdaughter or
illegitimate child.
Class II heirs
The Class II heirs are categorized and are given the property in the following order

• Father
• Son’s Daughter’s son
• Son’s daughter’s daughter
• Brother
• Sister
• Daughter’s son’s son, daughter’s son’s daughter, daughter’s daughter’s 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

For class II heirs if no one is present from the class I heirs then only class II heirs are preferred
class II heir's first entry will be preferred over the second entry. For example, if the father is
the first entry in class II heir then he will be given priority over the second entry.

Here in class II heirs, a father includes both natural father and adoptive father but not stepfather.

Also, uterine blood relation is defined in section 3(1)(e)(ii) of the Hindu Succession Act of
1956 as two people are related by uterine blood when they have the same mother but different

7
AIR 2000 MP 288
fathers. Uterine blood is given no preference. Whereas only full-blood and half-blood relations
are given preference which is defined in section (3)(1)(e)(i) of the Hindu Succession Act of
1956 as two people are related by full blood when they have the same father and mother. They
are related by half-blood when they have the same father but different mothers.

Class III (agnates)

Agnate has been defined in section 3(1)(a) of the Hindu Succession Act of 1956 as an "agnate"
refers to a person who is related to another by blood or adoption entirely through male lineage 8.
In simpler terms, two individuals are considered agnates if their familial connection is traced
exclusively through their male ancestors.

If there is no one present from the class I and class II heirs then class III heirs that is agnates
will inherit the property. Agnates can be descendants, ascendants, and collateral.

(a) Agnates who are descendants: These are direct descendants of the deceased, such as great-
grandchildren. Examples include:

- Son’s son’s son’s son (great-great-grandson)

- Son’s son’s daughter (great-granddaughter)

(b) Agnates who are ascendants: These are direct ancestors of the deceased, such as great-
grandparents. Examples include:

- Father’s father’s father (great-grandfather)

- Father’s father’s mother (great-grandmother)

(c) Agnates who are collaterals: These are relatives who share a common ancestor with the
deceased, but are not direct descendants or ascendants. Examples include:

- Father’s brother’s son (cousin)

- Father’s brother’s daughter (cousin)

Rules for preference and division of interest among agnates:

• Each generation is considered a degree. The deceased person (intestate) is the starting
point or the first degree.
• When an heir has both ascent and descent degrees, calculate them separately. Do not
add them together.
• An agnate who is a descendant (downward) is preferred over one who is an ancestor
(upward), regardless of how many generations or degrees apart they are.

8
The Hindu Succession Act, 1956 available at: https://www.indiacode.nic.in/ (visited on 25 June 2024).
 • When comparing two agnates who have both ascent and descent degrees, the one with
fewer ascent (upward) degrees is preferred9.

Class IV heirs (cognates)

Cognates is defined in section 3(1)(c) as a "cognate" is a person who is related to another person
by blood or adoption, but the connection is not entirely through male relatives. This means that
the relationship can include females in the line of descent10.

If there is no one present from the class I heirs, class II heirs, and the agnates then the cognates
of the deceased person will inherit the property. The rule of computation of degree and
ascertainment of preferences is the same as in the case of agnates.

Doctrine of Escheat

This doctrine states that if no one is present from the class I heirs, class II heirs, agnates, and
cognates then the government will take the property. it simply means the government will own
the unclaimed property11.

CONCLUSION

In Hindu law intestate succession takes place according to the Hindu Succession Act of 1956.
It categorized the heirs of deceased persons into different classes that is class I where share is
divided simultaneously. Class II where the share is devolved to the heirs when no one is present
from the class I heirs where preferential rule is applied. If no one is present from both classes
then the share is devolved to agnates and then lastly cognates. Amendment of 2005 was done
to ensure gender equality to treat daughters as equal to sons but in class division, we can see
the sort of discrimination as in class I females are more in comparison to males whereas the
mother is included in class I and the father is included in class II shows some kind of gender
discrimination. However different people have different opinions on these class divisions of
heirs that such structure at that time society was patriarchal and women were not independent
their condition was not the same as now to empower them such division was there but the law
should adapt to the changes with changing society.

BIBLIOGRAPHY

The sources used:

• websites
1. www.blog.ipleaders.in (last visited on 25 June 2024).
2. https://litigatinghand.com/ (last visited on 25 June 2024).
3. https://vakilsearch.com/ (last visited on 25 June 2024).
4. https://www.indiacode.nic.in/ (last visited on 25 June 2024).
5. https://www.scconline.com/ (last visited on 25 June 2024).

9
Heirs of male estate under Hindu law available at: https://blog.ipleaders.in/heirs (visited on 25 June 2024).
10
The Hindu Succession Act, 1956 available at: https://www.indiacode.nic.in/ (visited on 25 June 2024).
11
Principles of escheat available at: https://litigatinghand.com/ (visited on 25 June 2024).