In The Case of Males
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no heirs in Class II, the property will given to the deceased’s agnates or relatives through male lineage. If there are no agnates or relatives through the male’s lineage, then the property is given to the cognates, or any relative through the lineage of males or females.
There are two classes of heirs that are delineated by the Act.
Class I heirs are sons, widows, mothers, sons of a pre-deceased son,, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.
If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceased’s property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance.
Class II heirs are categorized as follows and are given the property of the deceased 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
Read more about this topic: Hindu Succession Act, 1956
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