When a Hindu male dies without a Will, the law doesn’t leave anything to guesswork. The Hindu Succession Act, 1956 defines exactly who inherits, in what order, and how the property should be split. This blog focuses on the rules of intestate succession — specifically for Hindu males — and explains the entire process from Class I heirs to government takeover. It also covers the intricate rules for sharing between multiple heirs and answers common questions people face in real-life situations.
Order of Succession for a Hindu Male
The Hindu Succession Act lays down a clear and strict order for distributing the property of a deceased Hindu male who dies intestate (without a Will). Here’s the five-step hierarchy:
- Class I heirs – get top priority. If any Class I heir is alive, they get the property, and everyone else is excluded.
- If no Class I heirs exist, it moves to Class II heirs.
- If no Class II heirs, then it passes to agnates (relatives connected only through male links).
- If no agnates, it goes to cognates (relatives with at least one female link).
- If none of the above exist, the Government inherits the property.
Within each class, the property is distributed based on specific rules, which we’ll get into next.
Class I Heirs
The law gives Class I heirs the first and highest priority. If any of these individuals are alive, they completely exclude all other classes.
The list of Class I heirs includes:
- Son
- Daughter
- Widow
- Mother
- Son/Daughter of a predeceased son
- Son/Daughter of a predeceased daughter
- Widow of a predeceased son
- Son/Daughter of a predeceased son of a predeceased son
- Widow of a predeceased son of a predeceased son
- Daughter of a predeceased daughter of a predeceased daughter
- Daughter of a predeceased son of a predeceased daughter
- Daughter of a predeceased daughter of a predeceased son
Note:
Due to a 2005 amendment, many heirs who were earlier in Class II are now part of Class I. However, they still haven’t been officially removed from the Class II list, and the Law Commission has flagged this for correction.
Rules for Distribution Among Class I Heirs
When multiple Class I heirs exist, the property is divided equally among them. Here’s how it works:
- If the widow, mother, sons, and daughters survive, they all get equal shares.
- If a man has more than one widow, they all together get one share, which they divide equally among themselves.
Example:
Let’s say the deceased man is survived by:
- One widow
- One mother
- One son
- One daughter
Each receives 1/4 of the property.
If any son or daughter is predeceased, their children step in and share their parent’s portion.
That means:
- The sub-branch (child, spouse of predeceased heir) receives one full share together.
- This share is then split equally among them.
Example:
Let’s say a deceased man had a predeceased son who is survived by his wife, son, and daughter. That entire sub-family gets 1 share, and the widow, son, and daughter split that share equally among themselves.
There’s a bit more detail when it comes to distributing shares within the sub-branches:
- In the branch of a predeceased son:
- His widow and surviving children all share equally
- In the branch of a predeceased daughter:
- Her children alone (not her spouse) get equal shares
Example:
If the predeceased son’s family includes a widow, a son, and a daughter — they each get 1/3 of one share.
Now, what about distant heirs like the daughter of a predeceased daughter of a predeceased son? These individuals were added to Class I after 2005. Even though they seem distant, if they’re the only ones in Class I, they still inherit — equally with others in the same class.
Class II Heirs and Its Rules for Distribution
If no Class I heirs exist, the property goes to Class II heirs — but not all at once.
Class II follows an entry-based hierarchy:
- If any heir exists in the first entry, they take everything.
- If the first entry is empty, it moves to the second entry, and so on.
Here’s a simplified order of entries in Class II:
- Father
- Son’s daughter’s son, son’s daughter’s daughter, brother, sister
- Daughter’s son, daughter’s daughter
- Brother’s son, sister’s son, brother’s daughter, sister’s daughter
… and so on, all the way to Entry 9
Key Rule:
If multiple people exist in the same entry, they split the property equally.
Q & A
Q1: Does a widow lose her inheritance rights if she remarries?
A: No. A widow remains eligible for her share in her deceased husband’s estate, even after remarriage.
Q2: Are step-siblings considered legal heirs?
A: Yes — but only if they share the same father. Uterine siblings (same mother, different fathers) are not included.
Q3: A man dies leaving behind 2 brothers, 3 sisters, and maternal grandparents. Who inherits?
A: This falls under Class II. Since all siblings fall under Entry 2 and maternal grandparents fall under Entry 8, only the brothers and sisters inherit — splitting the property 1/5 each. Grandparents get nothing.
Final Thoughts
Succession without a Will doesn’t leave room for emotion or assumptions. The Hindu Succession Act works with clear rules — and strictly follows priority levels, not relationship closeness.
- Class I heirs always come first.
- Within a class, heirs share equally.
- If a family member died earlier, their branch steps in, and shares are divided equally among them.
- Widows retain inheritance rights, even after remarriage.
- Step-siblings qualify, but uterine siblings don’t.
These rules can often feel counterintuitive, especially in close-knit families. That’s why writing a Will is not just a formality — it’s the best way to ensure your wishes are respected.
