Class I and Class II Heirs under Hindu Succession Act 1956

The Hindu Succession Act, 1956 governs intestate succession among Hindus in the circumstances covered by the Act. For a male Hindu dying intestate, Section 8 sets out the general order of succession, while the Schedule identifies the relatives included in Class I and Class II.

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Section 8: General rules of succession in the case of males

Section 8 applies when a male Hindu dies intestate, meaning without leaving a valid testamentary disposition governing the property in question. The statutory order is: first, relatives specified in Class I of the Schedule; second, if there is no Class I heir, relatives specified in Class II; third, if neither class has an heir, the agnates; and lastly, if there is no agnate, the cognates.

Key point: Class II heirs do not inherit alongside Class I heirs. The existence of a Class I heir excludes Class II heirs from succession under Section 8.

Who are Class I heirs?

The Schedule to the Act specifies the following Class I heirs:

  • Son
  • Daughter
  • Widow
  • Mother
  • Son of a pre-deceased son
  • Daughter of a pre-deceased son
  • Son of a pre-deceased daughter
  • Daughter of a pre-deceased daughter
  • Widow of a pre-deceased son
  • Son of a pre-deceased son of a pre-deceased son
  • Daughter of a pre-deceased son of a pre-deceased son
  • Widow of a pre-deceased son of a pre-deceased son

Who are Class II heirs?

Class II contains nine entries. Under Section 9, an heir in an earlier entry is preferred to every heir in a later entry. Heirs within the applicable entry inherit according to the Act.

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; sister's son; brother's daughter; 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.

Explanation in the Schedule: references to a brother or sister do not include a brother or sister by uterine blood.

Section 9: Order of succession among heirs in the Schedule

Section 9 establishes priority. Class I heirs take simultaneously and exclude all other heirs. If there is no Class I heir and succession reaches Class II, the heirs in Entry I are preferred to Entry II, Entry II to Entry III, and so on successively.

Section 10: Distribution among Class I heirs

Section 10 contains the rules for distributing the intestate's property among Class I heirs. In summary, the widow, or all widows together, takes one share; each surviving son, surviving daughter and the mother takes one share; and the branch of each pre-deceased son or pre-deceased daughter takes the share allocated to that branch, subject to the detailed statutory rules.

Official statutory source

For the authoritative text, amendments and the complete statutory context, refer to the Hindu Succession Act, 1956 on India Code.

Hindu Succession Act, 1956 - India Code

Practical note

The heir list is only one part of determining succession. The nature of the property, whether the deceased died intestate, the family relationships existing on the date of death, statutory disqualifications, and other applicable provisions may affect the result. The Schedule should therefore be read with the relevant provisions of the Act.

This page provides general legal information and is not a substitute for advice on the facts of an individual succession matter.