Monday, May 18, 2009

Succession Rules for Male Hindus and Female Hindus

Succession rules in case of Male Hindus

The property of Male Hindu dying intestate shall devolve in the following manner:
Firstly upon all the heirs being relatives specified as in CLASS I.
Secondly if there is no heirs of CLASS I, then upon the heirs being the relatives specified in CLASS II.
Thirdly if there is no heir of any of the classes, then upon the agnates of the deceased (one persons said to be agnate of another if the two are related by blood or adoption wholly through males)
Lastly if there is no agnate, then upon the cognates of the deceased.(one person is said to be a cognate of another if the two are related by blood or adaption but not wholly through male.)

Class I heirs:
  • Son
  • Daughter
  • Widow
  • Mother
  • Son of predeceased son
  • Daughter of predeceased son
  • widow of predeceased son
  • Son of predeceased daughter
  • Daughter of predeceased daughter
  • Son of predeceased Son of predeceased son
  • Daughter of predeceased son of predeceased son
  • widow of predeceased son of predeceased son
Class II heirs
  • Father
  • sons daughters son , (2) sons daughters daughters, (3) brother,(4)sister
  • daughters sons son, (2) daughters sons daughter, (3)daughters daughters son, (4)daughters daughter.
  • Brothers son, (2)sisters son, (3)brothers daughter, (4)sisters daughter
  • Fathers father, fathers mother
  • Fathers widow, brothers widow
  • Fathers brother, fathers sister
  • Mothers father, mothers mother
  • Mothers brother, mothers sister
Class I heirs take simultaneously to the exclusion of all other heirs. Heirs in the first entry of ClassII shall be preferred to those in the second entry, those in the second entry shall be preferred to those in the third entry and so on in succession.

Succession rules for Female Hindus
The property of a female hindu dying intestate shall devolve:
  • Upon the sons and daughters (including the children of any predeceased son or daughter) and the husband
  • Upon the heirs of the husband
  • Upon the mother and father
  • upon the heirs of the father and
  • upon the heirs of the mother
However if any property is inherited by a female hindu from her father or mother, it shall devolve in the absense of any son of daughter of the deceased(including the children of any predeceased son or daughter) not upon the heirs referred to above but upon the heirs of the father and any property inherited by a female hindu from her husband or from her father - in - law shall devolve, in the absense of any son or daughter of the deceased(includng the children of any predeceased son or daughter) not upon their reffered to above but upon the hiers of the husband.

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