UNDERSTANDING VARIOUS CLASSES OF HEIRS AS PER HINDU SUCCESSION ACT, 1956

Intestate Succession

The Hindu Succession Act, 1956, was passed to amend and consolidate the law relating to intestate succession among Hindus. It extends and applies to all persons, who practice the religion or who are defined as Hindus (Hindus, Buddhists, Jains, and Sikhs) under the legal regime. The Act was further amended in 2005.

As per the provisions of this Act, if a Hindu male dies intestate, then the following persons can make a claim.

First claim: Class I legal heirs. They have equal rights to the assets. They are mother, spouse, and children. If any child has died, then their children and spouse have an equal share.

Second claim: In the absence of Class I heirs, the Class II heirs can make a claim. They are father, sibling, living children’s grandchildren, sibling’s children, etc.

Third claim: In the absence of Class I and Class II heirs, the ‘agnates’ can make a claim. Agnates can be defined as distant blood relatives of male lineage (fathers’ side).

Fourth claim: In the absence of Class I, Class II heirs, and agnates, the cognates can make a claim. Cognates can be defined as distant blood relatives of female lineage (mothers’ side).

In the case of a Hindu female, the following persons can make a claim.

First claim: The sons and daughters and the husband can make a claim.

Second claim: In the absence of the first claimants, the heirs of the husband can make a claim.

Third claim: In the absence of the first and second claimants, the mother and father can make a claim

Fourth claim: In the absence of the above-mentioned claimants, the heirs of the father can make a claim.

Fifth claim: And even in the absence of the heirs of the father, the heirs of the mother can make a claim.

In case a Hindu dies intestate and without any heirs as above-mentioned, the property is devolved to the State government under due procedure of the law.