One-Page Property Distribution Chart (Hindu Law)
STEP 1 — Check if there is a Will
| Situation | Result |
|---|---|
| Valid Will exists | Property distributed according to will |
| No Will (Intestate) | Apply Hindu Succession Act rules |
STEP 2 — Identify Type of Property
| Type of Property | Rule |
|---|---|
| Self-Acquired Property | Distributed among Class-I heirs |
| Ancestral / Coparcenary Property | Coparceners get share by birth |
Important principle confirmed in
Vineeta Sharma v. Rakesh Sharma
Daughter is coparcener by birth equal to son.
STEP 3 — Class-I Heirs (Highest Priority)
If any Class-I heir exists, property is divided equally among them.
| Class-I Heirs |
|---|
| Son |
| Daughter |
| Widow |
| Mother |
| Son’s son |
| Son’s daughter |
| Daughter’s son |
| Daughter’s daughter |
| Widow of predeceased son |
| Son of predeceased son |
| Daughter of predeceased son |
Rule
All inherit simultaneously and equally.
Example:
Deceased leaves:
Widow + Son + Daughter + Mother
→ Property divided into 4 equal shares.
STEP 4 — If No Class-I Heirs → Class-II Heirs
Property goes to Class-II heirs in order of entries.
| Entry | Heirs |
|---|---|
| Entry 1 | Father |
| Entry 2 | Son’s daughter’s son, Son’s daughter’s daughter, Brother, Sister |
| Entry 3 | Daughter’s son’s son, Daughter’s son’s daughter, Daughter’s daughter’s son, Daughter’s daughter’s daughter |
| Entry 4 | Brother’s son, Brother’s daughter, Sister’s son, Sister’s daughter |
Important rule:
Earlier entry excludes later entries.
Example:
If father exists, brother cannot inherit.
STEP 5 — If No Class-II Heirs
| Category | Meaning |
|---|---|
| Agnates | Relatives related only through males |
| Cognates | Relatives related through females |
Order:
Agnates → Cognates
STEP 6 — If No Heirs Exist
Property goes to Government.
Legal doctrine: Escheat
STEP 7 — Coparcenary Share Calculation (Ancestral Property)
Example:
Father + Son + Daughter
Total coparceners = 3
Each gets 1/3 share.
After father’s death:
His 1/3 share further divided among Class-I heirs.
Quick Court Calculation Example
Example
Family:
Father (deceased)
Widow
Son
Daughter
Property = 12 acres
Share:
12 ÷ 3 = 4 acres each
Widow = 4
Son = 4
Daughter = 4
Special Rules Advocates Remember
| Situation | Rule |
|---|---|
| Step children | No inheritance |
| Adopted child | Same as natural child |
| Illegitimate child | Limited rights |
| Multiple widows | Share widow portion equally |
| Daughter after 2005 | Equal coparcenary rights |
Ultra Quick Court Flowchart
│
▼
Check Will
│
┌──────┴──────┐
Yes No
│ │
Will applies Check Class-I heirs
│
┌─────────┴─────────┐
Yes No
│ │
Equal distribution Class-II heirs
│
If none → Agnates
│
If none → Cognates
│
If none → State