Master Table – Legal Heirs in Ancestral & Self-Acquired Property (India)
| Person Category | Hindu Ancestral Property | Hindu Self-Acquired Property (Intestate) | Muslim Law | Christian / Parsi (Indian Succession Act) | Key Legal Principle |
|---|---|---|---|---|---|
| Son | ✔ Coparcener by birth | ✔ Equal share | ✔ Share as Quranic heir | ✔ Equal heir | Son always inherits in all systems |
| Daughter | ✔ Coparcener by birth after 2005 amendment | ✔ Equal share | ✔ Share but usually half of son | ✔ Equal heir | Daughter coparcener recognized in Vineeta Sharma v. Rakesh Sharma |
| Widow | ✖ Not coparcener but entitled after partition | ✔ Class-I heir | ✔ Fixed share | ✔ Equal heir | Widow not coparcener but inherits |
| Mother | ✖ No coparcenary right | ✔ Class-I heir | ✔ Share | ✔ Share | Mother inherits under intestate succession |
| Father | ✖ No coparcenary right | ✔ Class-II heir | ✔ Share | ✔ Share | Father inherits if Class-I absent |
| Step Son | ✖ No right | ✖ No right unless adopted | ✖ Generally no right | ✖ No right | Step children not natural heirs |
| Step Daughter | ✖ No right | ✖ No right unless adopted | ✖ No right | ✖ No right | Same rule |
| Adopted Son | ✔ Treated as natural son | ✔ Full heir | ✖ Not recognized traditionally | ✔ Allowed if legal adoption | Valid under Hindu Adoptions and Maintenance Act, 1956 |
| Adopted Daughter | ✔ Same as natural daughter | ✔ Full heir | ✖ Generally not recognized | ✔ Possible if adopted | Same rule |
| Illegitimate Son | ✖ Not coparcener | ✔ Right only in mother’s property | ✔ Recognized in some schools | ✔ Generally no right in father’s estate | Recognized partly by courts |
| Illegitimate Daughter | ✖ Not coparcener | ✔ Right only in mother’s property | ✔ Limited recognition | ✔ No right normally | Similar rule |
| Grandson (son’s son) | ✔ Coparcener | ✔ Heir if father dead | ✔ Share by representation | ✔ Heir | Important in joint family |
| Granddaughter | ✔ Coparcener after 2005 | ✔ Heir | ✔ Share in some cases | ✔ Heir | Gender equality recognized |
| Brother | ✖ No coparcenary right | ✔ Class-II heir | ✔ Residuary heir | ✔ Heir if no closer relatives | Secondary heir |
| Sister | ✖ No coparcenary right | ✔ Class-II heir | ✔ Residuary heir | ✔ Heir | Same level as brother |
| Unborn child in womb | ✔ Rights recognized | ✔ Share reserved | ✔ Share recognized | ✔ Share recognized | Child in womb treated as born |
| Live-in partner | ✖ No right | ✖ No automatic right | ✖ No right | ✖ No right | Only by will |
Additional Important Distinctions
| Feature | Ancestral Property | Self-Acquired Property |
|---|---|---|
| Source | Inherited up to 4 generations | Acquired by person himself |
| Coparcenary right | Exists (Hindu law) | No coparcenary |
| Right by birth | Yes | No |
| Owner’s control | Limited | Full control |
| Can make will | Usually cannot dispose coparcenary share without partition | Owner can fully dispose by will |
Important Supreme Court Principles
Daughter Coparcenary Right
From
Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1
Principle:
Daughter becomes coparcener by birth in the same manner as son.
Illegitimate Children Rights
From
Revanasiddappa v. Mallikarjun
Principle:
Children born from void marriage can inherit property of parents.
Ultra Quick Court Practice Notes
Person Who Cannot Normally Inherit
-
Step children
-
Live-in partner (without will)
-
Distant relatives when closer heirs exist
-
Illegitimate child from father (in many laws)
Person Who Always Gets Share
-
Son
-
Daughter
-
Widow
-
Mother
(Subject to personal law)
Advocate Practical Tip
Whenever inheritance dispute comes, check:
1️⃣ Religion of deceased
2️⃣ Nature of property (ancestral / self acquired)
3️⃣ Existence of will
4️⃣ Class of heirs
These four factors decide 90% of succession cases.