Sections 10 and 11 of the Hindu Succession Act 1956: Distribution Among Class I and Class II Heirs

Sections 10 and 11 explain how the property of a Hindu male who dies intestate is distributed after the applicable heirs are identified under Sections 8 and 9 and the Schedule to the Hindu Succession Act, 1956.

In simple terms: Section 10 lays down the sharing rules for Class I heirs. Section 11 applies when succession reaches Class II and provides that the heirs falling within the applicable entry of Class II share the property equally.

Meaning of intestate succession

For this part of the Act, the distribution rules concern intestate succession. Broadly, a person is treated as dying intestate in respect of property for which he has not made a testamentary disposition capable of taking effect. Sections 8 to 13 form the principal statutory sequence for succession to the property of a male Hindu dying intestate.

How Sections 8, 9, 10 and 11 work together

Section 8 identifies the broad order of heirs for the property of a male Hindu dying intestate. Section 9 gives Class I heirs priority over the other categories and regulates priority among Class II entries. Section 10 then tells us how the estate is divided among Class I heirs. If there is no Class I heir and succession reaches an applicable Class II entry, Section 11 governs distribution among the heirs in that entry.

Provision	Function
Section 8	Sets out the general order of succession to the property of a male Hindu dying intestate.
Section 9	Gives Class I heirs priority and regulates priority among the entries in Class II.
Section 10	Provides the rules for dividing the property among Class I heirs.
Section 11	Provides equal distribution among heirs specified in the applicable Class II entry.

Section 10: Distribution among Class I heirs

Section 10 contains four rules for distribution among the heirs in Class I of the Schedule. The rules are designed to allocate shares to the closest listed heirs while also preserving a branch share for specified descendants of a pre-deceased son or pre-deceased daughter.

Rule 1: Share of widow or widows

The intestate's widow takes one share. If there is more than one widow, all the widows together take one share.

Rule 2: Sons, daughters and mother

Each surviving son, each surviving daughter and the mother of the intestate takes one share.

Rule 3: Branch of a pre-deceased son or daughter

The heirs in the branch of each pre-deceased son and each pre-deceased daughter of the intestate collectively take one share for that branch.

Rule 4: Distribution within a branch

The branch share identified under Rule 3 is then distributed according to Rule 4:

In the branch of a pre-deceased son, his widow or widows together and his surviving sons and daughters receive equal portions, and the branch of each of his pre-deceased sons receives the same portion.
In the branch of a pre-deceased daughter, her surviving sons and daughters receive equal portions.

Simple Class I example

Suppose a male Hindu dies intestate leaving one widow, one son, one daughter and his mother. Under the basic Section 10 allocation, each takes one share. The estate is therefore divided into four equal shares, subject to the facts of the case, the nature of the property and any other legally relevant circumstance.

Section 11: Distribution among Class II heirs

Section 11 applies when succession reaches Class II of the Schedule. The heirs specified in the applicable entry of Class II share the property equally. This must be read with Section 9: an heir in an earlier Class II entry excludes heirs appearing in later entries.

Simple Class II example

If there is no Class I heir and the heirs entitled to succeed are found in the same applicable Class II entry, Section 11 requires those heirs to share equally. Heirs in a later Class II entry do not share merely because they also appear somewhere in Class II; the priority rule in Section 9 must first be applied.

Important points to remember

Sections 10 and 11 are distribution provisions. The correct category and priority of heirs must first be determined under the Act and its Schedule.
Class I succession is not simply a headcount in every case because branch representation under Rules 3 and 4 can affect the calculation.
For Class II, priority between entries is determined before Section 11 equal sharing is applied within the applicable entry.
The result in an actual dispute can depend on questions such as whether the property forms part of the intestate's estate, the family tree, deaths occurring before the intestate, and other provisions of succession law.

Practical note: A share calculation should begin with a complete family tree showing the intestate, spouse, mother, children, and relevant descendants of any pre-deceased child. This avoids treating branch heirs as though every individual necessarily receives an equal share at the first stage.

Official legal source

For the current statutory text, amendments and the Schedule, refer to the Government of India's official India Code portal and search for the Hindu Succession Act, 1956.

This article is a general explanation of the statutory provisions and is not a substitute for advice on a particular succession dispute.