Section 8 of The Hindu Succession Act

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 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 1[son of a predeceased daughter of a pre–deceased daughter; daughter of a pre–deceased daughter of a pre–deceased daughter; daughter of a pre–deceased son of a pre–deceased daughter; daughter of a pre–deceased daughter of a pre–deceased son].

Class II :

I. Father.

II. (1) Son’s daughter’s son, (2)son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.

IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter,(4) sister’s daughter.

V. Father’s father; father’s mother.

VI. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

IX. Mother’s brother; mother’s 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. 9–9–2005)