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)
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