Skip to content Skip to left sidebar Skip to right sidebar Skip to footer

Tag: class II of heirs of Hindu succession act

General rules of succession in the case of males.

  1. Class I Heirs:
    • Section 8 of the Hindu Succession Act specifies the order of distribution among Class I heirs. Sons, daughters, widows, mothers, sons of a predeceased son, daughters of a predeceased son, widow of a predeceased son, etc., are covered under Class I heirs.
    • Class I heirs under the Hindu Succession Act are individuals who are entitled to inherit the property of a deceased Hindu in the absence of a will. The order of succession among Class I heirs is defined in the Act. The list typically includes:
    • Sons and daughters: They have equal rights in the property of the deceased. The daughters have now been granted equal rights as sons, irrespective of whether they are married or unmarried.
    • Widow: The widow of the deceased is also considered a Class I heir.
    • Mother and father: If the deceased Hindu is a male, his mother and father are entitled to a share in the property.
    • Widow of a predeceased son: If a son has predeceased the deceased Hindu, leaving a widow, she is entitled to a share.
    • Son and daughter of a predeceased son: If a son has predeceased the deceased Hindu, leaving behind children, they are entitled to inherit the property.
    • Widow of a predeceased son of a predeceased son: The widow of a predeceased son of the deceased Hindu is also considered a Class I heir.
    • The order of succession is important, and each class is entitled to a specific share in the property. If there is no one in Class I, the inheritance moves to Class II heirs, and so on.
  1. Class II Heirs:
    • Section 9 of the Act deals with the order of succession among Class II heirs. If there are no Class I heirs, the property passes on to Class II heirs, such as fathers, sons and daughters of the predeceased son, widow of the predeceased son, etc.
    • Class II heirs include:
    • Father’s heirs:
      • Father
      • Father’s surviving children (siblings of the deceased)
    • Mother’s heirs:
      • Mother
      • Mother’s surviving children (siblings of the deceased)
    • Grandfather’s heirs:
      • Paternal grandfather
      • Paternal grandfather’s surviving children (uncles/aunts of the deceased)
    • Grandmother’s heirs:
      • Paternal grandmother
      • Paternal grandmother’s surviving children (uncles/aunts of the deceased)
    • Brother’s heirs:
      • Full brothers
      • Half-brothers (sons of the same father but different mothers)
    • Sister’s heirs:
      • Full sisters
      • Half-sisters (daughters of the same father but different mothers)
    • If there are no Class I or Class II heirs, the inheritance proceeds to the agnates and cognates, which are more distant relatives defined by the Act.
    • The share of each Class II heir in the inherited property is determined based on the principles laid out in the Hindu Succession Act. The Act aims to ensure equitable distribution of the deceased’s property among the surviving family members.
  2. Agnates and Cognates:
    • If there are no Class I or Class II heirs, the property passes to agnates and cognates. The specific sections dealing with agnates and cognates are not explicitly labeled as such in the Act. Sections such as Section 10 and subsequent sections provide rules for distribution among agnates and cognates in the absence of Class I and Class II heirs.
    • Agnates:
      • Agnates are relatives connected through the male line of descent. In other words, they are related through the father’s side of the family.
      • When there are no Class I or Class II heirs, the property passes to agnates.
      • The order of priority among agnates is determined based on their proximity to the deceased through the male line.
    • Cognates:
      • Cognates are relatives connected through blood or kinship but not through the male line. This includes relatives related through the mother and other female relations.
      • When there are no Class I, Class II, or agnate heirs, the property passes to cognates.
      • The order of priority among cognates is determined based on their proximity to the deceased through the female line.

Section 8 of the Hindu Succession Act provides for the ‘General Rules of Succession in the Case of Males’. This Section applies to the following kinds of properties:

  1. Self acquired property of Hindu male. Female property to be reverted to husbands heirs.
  2. Property succeeded from separated father is absolute property.
  3. Property came to Hindu male under gift.
  4. Property came to Hindu male from Collaterals is his absolute property A sole surviving Hindu gets share in partition will hold the property absolutely.
  5. Property succeeded under section 8 will be absolute property of successor.