Here we will see Section 8 of The Hindu Succession Act.

General rules of succession in the case of males. The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter :

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 


 

HEIRS IN CLASS I AND CLASSII

Class I :

Son; daughter; widow; mother; son of a predeceased son; daughter of a predeceased son; son of a predeceased daughter; daughter of a predeceased daughter; widow of a predeceased son; son of a predeceased son of a predeceased son; daughter of a predeceased son of a predeceased son; widow of a predeceased son of a predeceased son 1[son of a predeceased daughter of a predeceased daughter; 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].

Class II :

I. Father.

II. (1) Sons daughters son, (2)sons daughters daughter, (3) brother, (4) sister.

III. (1) Daughters sons son, (2) daughters sons daughter, (3) daughters daughter’s son, (4) daughters daughters daughter.

IV. (1) Brothers son, (2) sisters son, (3) brothers daughter,(4) sisters daughter.

V. Fathers father; fathers mother.

VI. Fathers widow; brothers widow.

VII. Fathers brother; fathers sister.

VIII. Mothers father; mothers mother.

IX. Mothers brother; mothers sister.

Explanation.In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.


1. Added by Act 39 of 2005, s. 7 (w.e.f. 992005)

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