Succession Law In India

What are the general rules of succession of females?

Property of a female Hindu dying intestate shall devolve on the following:

  1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
  2. Secondly, upon the heirs of the husband;
  3. Thirdly, upon the mother and father;
  4. Fourthly, upon the heirs of the father; and
  5. Lastly, upon the heirs of the mother

The heirs specified in one entry shall be preferred to those in succeeding entries. All the heirs included in same entry shall take simultaneously. The heirs of pre-deceased son or daughter shall take between them the share which such son or daughter would have taken, if living.

What are the general rules of succession of males?

The property of a male Hindu dying intestate shall devolve as follows:

  1. Firstly, upon the heirs, being the relatives specified in class 1 of the Schedule;
  2. Secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
  3. Thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and
  4. lastly, if there is no agnate, then upon the cognates of the deceased.

Heirs in Class I of Schedule

Son; daughter; widow; mother; son of of a predeceased son; son of a predeceased daughter; daughter of a pre-deceased daughter; widow of a predeceased son; son of pre-deceased son of a pre-deceased son; daughter of a pre-deceased, son of pre-deceased son; [son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a predeceased son].

Heirs in Class II of Schedule

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister
  3. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter
  4. (1) Brother’s son. (2) Sister’s son, (3) brother’s daughter (4) sister’s daughter
  5. Father’s father; father’s mother
  6. Father’s widow; brothers’ widow
  7. Father’s brother; father’s sister
  8. Mother’ father; mother’s mother
  9. Mother’s brother; mother’s sister

All the heirs specified in Class-I of schedule shall take simultaneously and to the exclusion of all other heirs.

The heirs specified in first entry in class II of schedule shall be preferred to those in the succeeding entry and similarly those in the second entry shall be preferred to those in the third entry and so on. The property shall be divided between the heirs specified in anyone entry so that they share equally.

The property of an intestate shall divide among the heirs in Class I of the Schedule as follows:

Rule 1 The intestate’s widow, or if there are more widows than one,all the idows together, shall take one share.

Rule 2. The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3. The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4. The distribution of the share referred to in Rule-3

  1. Among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sonsand daughters get equal portions; and the branch of his predeceased sons gets the same portion;
  2. Among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

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