Sections 8 and 9 of the Hindu Succession Act, 1956: Succession When a Male Hindu Dies Intestate

Sections 8 and 9 of the Hindu Succession Act, 1956 lay down the basic order in which the property of a male Hindu devolves when he dies intestate, meaning without leaving a valid will governing that property. Section 8 identifies the successive categories of heirs, while Section 9 determines priority among heirs listed in the Schedule.

Meaning of important terms

Intestate: For this article, the expression refers to a person dying without a valid testamentary disposition governing the property in question. The statutory scheme for intestate succession is therefore applied to determine the heirs.

Heir: Section 3 of the Act defines an heir as a person, male or female, who is entitled to succeed to the property of an intestate under the Act.

Agnate: Under Section 3, one person is an agnate of another when the two are related by blood or adoption wholly through males.

Cognate: Under Section 3, one person is a cognate of another when the two are related by blood or adoption but not wholly through males.

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

Section 8 provides the governing sequence for devolution of the property of a male Hindu who dies intestate. The order is:

This sequence is mandatory for succession governed by Section 8: a later category is reached only when no heir exists in the preceding category. The Schedule must therefore be read with Sections 8 and 9, and the rules of distribution in Sections 10 and 11 become relevant when determining how property is divided within Class I or Class II.

Section 9: Order of succession among heirs in the Schedule

Section 9 explains priority among the heirs specified in the Schedule. Class I heirs take simultaneously and exclude all other heirs. If there is no Class I heir and succession reaches Class II, heirs in the first entry of Class II are preferred to those in the second entry, heirs in the second entry are preferred to those in the third entry, and the same rule continues successively.

How Sections 8 and 9 operate together

Section 8 establishes the broad hierarchy of Class I heirs, Class II heirs, agnates and cognates. Section 9 then explains how priority works among the Schedule heirs. Accordingly, the first practical step is to identify whether any Class I heir exists. Only in the absence of every Class I heir does the inquiry move to Class II.

Class I and Class II heirs

The Schedule to the Act contains the statutory list of Class I and Class II heirs. Class I heirs succeed simultaneously, subject to the distribution rules in Section 10. Class II operates by entries: an heir in an earlier entry excludes heirs in every later entry, and Section 11 governs distribution between heirs in the same entry.

Judicial interpretation

The Supreme Court has reiterated that Section 8 governs intestate succession to the property of a male Hindu in the statutory sequence of Class I, Class II, agnates and cognates. The character and devolution of inherited property can also depend on the source of the property and the applicable provisions of the Act; therefore, questions involving coparcenary property should additionally be examined under Section 6 and the relevant case law.

Official legal resources

Practical note

Sections 8 and 9 determine the order of succession, but the final share of an heir may require examination of other provisions, including Sections 6, 10, 11, 12 and 13, the Schedule, the nature and source of the property, and the facts of the family relationship. A will, disqualification, prior partition, release, settlement or other legally relevant event may also change the analysis.