succession act

1. Succession of Hindu Male Property underHindu
Succession act 1956
When a Hindu persondies without a will, his property will be distributed as per
law under Hindu SuccessionAct 1956.
If the deceased is a male then the successionis regulated by the section 8 of the
act. The property firstly devolve to Class I heirs.
Relations in Class I heirs:-
Widow
Mother
Son
Daughter
Widow of predeceased Son
Son of predeceased Son
Daughter of Predeceased Son
Daughter of predeceased Daughter
Son of predeceased daughter
Widow of predeceased sonof predeceased son
Son of predeceased sonof predeceased son
Daughter of predeceased son of predeceased son
Daughter of predeceased daughter of predeceased daughter
Son of predeceased daughter of predeceased daughter
Daughter of predeceased son of predeceased daughter
Daughter of predeceased daughter of predeceased son

2. There are 16 heirs in class I and all are simultaneous heirs i.e. all the relatives will
take simultaneous the share in the property and to the exclusion of all other heirs.
Distribution of property among Class I heirs:-
The property among class I heirs will distribute in accordanceto the following
rules of distribution elaborated among Section 9.
Rule 1: The intestate widow, or if there are more widows than one, all the widows
shall take one share. More than one widows will be for the situation when the
marriage is solemnised before the passing of Hindu Marriage Act 1955.
Rule 2: Surviving sons and daughters and the mother of the intestate shall each
take one share.
Rule 3: Heirs in the branch of each pre-deceased sonor predeceased daughter of
the intestate shall take between them one share.
Rule 4: Distribution of the share among the heirs in the branch of predeceased son
shall be so made that his widow or widows’ together and surviving sons and
daughters get equal portion and the branch of his pre-deceased sons get same
portion.
Among the heirs in the branch of the predeceased daughter shall be so made that
surviving sons and daughters get equal share.
V.V. Subha Rao vs Chattapati Seetharamaratna Ranganayakamma
AIR 1997 SC 3082
Issue: - Does a right which pre-existed at the time of coming of the HAS get
defeated simply on the basis of widow’s acknowledgement that her right was
limited?
Facts: - Widow got properties from her husband prior to 1956 in lieu of her pre-
existing right to maintenance. In a compromise decree in 1956 she acknowledged
that she had only a limited right for her lifetime and after her, the property would
revert to her son.

3. In 1959, she again acknowledged this fact. Bequest of these properties in favour of
her daughter was challenged, and set aside, hence the appeal was filed.
Order- It was argued on behalf of the appellants that the compromise decree was
made in 1955, before the Hindu SuccessionAct came and it was based on a pre-
existing right to maintenance but the court does not accept the plea and held that
section14 (2) and not section 14(1) of HAS would apply and widow’s right could
not get enlarged into absolute ownership.
If no Class I heir is there
In case, there is no relative as per class I heir, then the property will
distributed among Class II (Section 8)
Class II:-
Class II heirs are divide into nine entries.
Entry I – Father
Entry II- Son’s daughter’s son
Son’s daughter’s daughter
Brother
Sister
Entry III- Daughter’s son’s son
Daughter’s son’s daughter
Daughter’s daughter’s son
Daughter’s daughter’s daughter
Entry IV- Brother’s Son
Brother’s daughter
Sister’s son

4. Sister’s daughter
Entry V- Father’s Father
Father’s mother
Entry VI- Father’s widow
Brother’s widow
Entry VII- Father’s Brother
Father’s sister
Entry VIII- Mother’s Father
Mother’s mother
Entry IX- Mother’s brother
Mother’s sister
Distribution of property among Class I heirs:
Among the heirs in class II those who are mentioned first get the property
simultaneously with other relations in the same entry in exclusion to those in
subsequent entries.( Section 11 )
Narayanan vs. Pushpa Rajani AIR 1991 Ker 10
Where a person dying intestate does not have wife or children and leaves behind
him brother by half blood and a sister by full blood. In such a case the sister by full
blood. In such a case the sister by full blood would be excluded by the brother by
half blood. Thus the sister by full blood alone would inherit the property excluding
the brother by half blood.
The term “brotherand sister” include brother and sister by full blood as well as the
brother and sister by half blood. But when brother and sister by full blood are
available, brother and sister by half blood would be excluded.

5. Purushottam vs. Sripal AIR 1976 Bom 379
Bombay H.C. held that a full brother excludes Half brother and full sister
excludes half sister. But when there is a brother of half blood and sister of full
blood, the former would not be excluded
If no Class II heir is there
In case there is no class II heir then the property will devolve upon
agnates of the deceased
Distribution of property among agnates-
 Of two heirs, the one who has few or no degree of ascent is
preferred.
 Where number of degree of ascent is fewer or no degree of ascent.
 Where neither heir is entitled to be preferred to the other under
above rules, they will take simultaneously.
Methods of computing degrees are elaborated under section 13.
 For determining order of succession among agnates, relationship
shall be reckoned from the intestate to the heirs in terms of degree
of ascent or both; as case may be
 Degree of ascent and degree of descent shall be computed
inclusive of the intestate
 Every generation constitutes a degree either ascending or
descending.
If no agnates are there
The property will devolve on cognates. The rules for the distribution of
the property will be same as that of agnates given under section 13.

6. In absence of heirs in above elaborated classes, then there will be
Escheat i.e. the property shall devolve on the Government under section
29.
The Government shall take the property subject to all the obligations and
liabilities to which a legal heir is subjected