LEGAL HEIRS OF 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.

Non Applicability of Act - 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.

New heirs 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 takes 1 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 : When two persons are related to each other by blood or adoption but wholly through males, they are said to be agnates of each other. For example, a person is an agnate of his father’s brother’s son. It has been held that being related by blood does not mean being related by birth. Hence ‘agnate’ also includes relations by marriage. Therefore a father’s brother’s widow is an agnate of the deceased and entitled to his property. Similarly a father’s brother’s daughter would be an agnate.

COGNATES : When two persons are related to each other by blood or adoption but not wholly through manes, they are said to be cognates of each other. For example, A’s father’s sister’s son would be a cognate of A. Similarly, A’s brother’s daughter’s son would be A’s cognate. It has been held that whenever a relationship of a person with another female (or more than one female) intervenes any where in the line, one is a cognate to another. Thus the daughter’s son and daughter and son’s daughter’s son and daughter are cognates.

Order Of Succession Among Agnates And Cognates :

In case of non-availability of Class I and Class II heirs, the property of the deceased devolves upon his agnates and if there are no agnates, upon his cognates. Therefore when agnates are present, cognates would not get any share in the property of the deceased. However, if more than one agnates or cognates are present, then the order of succession among them is governed by the provisions of section 12 of The Hindu Succession Act, 1956.

Sections 12 provides as under:

12. Order of succession among agnates and cognates.

The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder :-

Rule 1. - Of two heirs, the one who has fewer or no degrees of ascent is preferred.

Rule 2. - Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.

Rule 3. - Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously.

Rule 1: Of two heirs, the one who has fewer or no degrees of ascent is preferred.

This rule says that of two heirs, the one who has fewer or no degrees of ascent is preferred means that an heir who claims as the descendant of the Hindu male who has died intestate or one who is in the nearer line to him is to be preferred to one who claims in a remoter line. Thus a son’s son’s son being a descendant in the line of the deceased is to be preferred to brother’s son’s son who comes in father’s line which is remoter than one’s own line. Again brother’s son’s son being in the father’s line is to be preferred to father’s brother’s son’s son who is in a remoter line namely the line of grandfather. The rule lays down merely that a relation who traces his relationship to the deceased either in the deceased’s own line or in the line of a nearer ancestor is to be preferred to one who traces his relationship in the line of a remoter ancestor in the male line.

Rule 2: Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent.

This rule lays down that in the case of agnates or cognates, where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent. This means the same thing as that where a person in the same line is nearer to the common ancestor than another relation of the same line, the former is preferred to the latter. Thus a father’s brother’s son being nearer than father’s brother’s grandson is preferred to the latter though both of them are in the same line, namely the line starting from father’s father. So also the brother’s son’s son is to be preferred to the brother’s son’s son’s son for though both the claimants are in the same collateral line beginning from father, brother’s son’s son is nearer or has fewer degrees of descent than the brother’s son’s son’s son. In the same way a son’s son’s son’s son is to be preferred to a son’s son’s son’s son’s son for though the claimants are in the same line namely the line of the deceased, the former is a nearer degree than the latter.

Rule 3 : Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously.

Where the heirs are equal in the descent in the same line they take simultaneously. Father’s father’s father and father’s father’s mother take equally being in the same line; so also son’s son’s son’s daughter and son’s son’s son’s son take equally both being in the line of the deceased and neither being nearer in descent. In the application of these rules, there is no discrimination on the ground of sex. It should however not be forgotten that a relation who is an agnate though in a remote degree of ascent or descent or of both is to be preferred to a cognate who may be in a nearer degree or nearer line or both.

Computation of degrees : Another question that arises is that of computation of degrees. This is answered by section 13 which provides as under:

(1) For the purposes of determining the order of succession amongagnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be.

(2) Degrees of ascent and degrees of descent shall be computed inclusive of the intestate.

(3) Every generation constitutes a degree either ascending or descending.

This section lays down that for the purpose of determining the order of succession among agnates and cognates, the relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both as the case may be. Degrees of ascent and degrees of descent shall be computed inclusive of the intestate. Every generation constitutes a degree either ascending or descending.

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.

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BN - 19122019