When a Hindu male passes away without leaving a valid Will, the Hindu Succession Act, 1956 comes into play. It lays out a structured order of legal heirs: starting with Class I heirs, then Class II, and if no one from either class is present, agnates and cognates. This blog explains the rules of intestate succession through real-life illustrations that show how property is distributed in different family setups. Each example breaks down who inherits, who doesn’t, and why — helping you understand succession laws clearly and practically.
Illustration 1
Scenario:
Mr. A dies without a Will. He is survived by his widow, father, two brothers, and a sister.
How the property is distributed:
- Widow: ✅ Inherits 100%
- Father: ❌ Gets nothing
- Brothers & Sister: ❌ Get nothing
Why?
Only Class I heirs inherit in this case, and the widow is the only one in that category. The father belongs to Class II, which only comes into play if there are no Class I heirs. So even though the father is alive, he doesn’t inherit.
Illustration 2
Scenario:
Mr. A dies intestate. His surviving family includes:
- Father and Mother
- Wife
- One surviving son
- Two surviving daughters
- One predeceased son (whose wife, son, and daughter are alive)
- One grandson and one granddaughter from the surviving children
Distribution of property:
- Widow: 1/6
- Mother: 1/6
- Son: 1/6
- Daughter1: 1/6
- Daughter2: 1/6
- Predeceased son’s wife, son, and daughter together: 1/6
- Grandchildren of living children: ❌ Not eligible
- Father: ❌ Not eligible
Why?
- All Class I heirs share equally.
- Grandchildren (of living children) are not eligible.
- Father is Class II, so he is excluded when Class I heirs are present.
- Children of the predeceased son share the portion their father would’ve received if he were alive — so they split 1/6 among them.
Illustration 3
Scenario:
Mr. X dies intestate. The family includes:
- Widow
- Two predeceased sons
- One of the sons has a daughter (Shalini)
- The other has two sons (Ayaan and Rahul)
Distribution:
- Widow: 1/3
- Daughter (Shalini): 1/3
- Surviving son: 1/3
- Ayaan and Rahul: ❌ Not eligible
Why?
Even though Ayaan, Rahul, and Shalini are from the same generation (great-grandchildren), only Shalini is entitled because she falls under Class I heirs (as the daughter of a predeceased son). Ayaan and Rahul do not inherit because:
- Rahul’s grandfather (i.e., Mr. X’s son) is still alive
- Ayaan is the son of a predeceased son’s daughter, which places him in Class II, and hence he’s excluded when Class I heirs are present
Let’s break it down further:
SHALINI
- Daughter of predeceased son
- ✅ Class I heir
- Inherits directly
RAHUL
- Son of predeceased son’s predeceased son
- ❌ Not eligible because his grandfather is still alive
- Would only inherit if grandfather had already passed
AYAAN
- Son of a predeceased son’s predeceased daughter
- ❌ Falls under Class II, so excluded
This illustration clearly shows how direct lineage and the timing of deaths affect eligibility.
Illustration 4
Scenario:
Mr. Z dies intestate and is unmarried. His family includes:
- Two daughters and two sons
There’s also Mrs. Y, his brother’s wife, in the family.
Distribution:
- Daughter1: 1/4
- Daughter2: 1/4
- Son1: 1/4
- Son2: 1/4
- Widow: ❌ Not applicable
- Mrs. Y (sister-in-law): ❌ Not eligible
When does Mrs. Y get anything?
Only if none of the Class I and Class II heirs are alive — she would have to fall under agnates or cognates. Since all four children are present, she gets nothing.
Illustration 5
Scenario:
Mr. A dies intestate and unmarried. His parents are deceased. The only surviving family:
- Maternal grandparents (parents of his mother)
- Uncle and Aunt (brother and sister of his father)
Key rule:
All of these relatives fall under Class II. But inheritance within Class II depends on entry order, not closeness.
Order of Distribution:
- Uncle: 1/2
- Aunt: 1/2
- Maternal grandparents: ❌ Get nothing
Why?
In Class II, entries are followed in order.
- Father’s siblings come in Entry 7
- Maternal grandparents come in Entry 8
So, even though all are Class II heirs, Entry 7 heirs take everything if alive.
Final Thoughts
The Hindu Succession Act doesn’t just list heirs — it prioritizes them with clear-cut rules. These illustrations show how:
- Class I heirs take absolute precedence
- Class II heirs only come into play if Class I heirs are missing
- Within Class II, order of entry matters more than closeness of relation
- Agnates and cognates are fallback options, not primary heirs
- Grandchildren’s rights depend on whether their parents (i.e., sons/daughters of the deceased) are alive
- Timing of death changes everything — if someone predeceases the deceased, it affects their children’s inheritance
What may seem “unfair” in family terms often makes legal sense when you follow the structure of the Act. Succession laws are rigid — which is why making a Will avoids all uncertainty.
