1. Hindu Succession – Order of Heirs (Most Important Rule)
When a Hindu male dies intestate, property devolves in the following order:
1️⃣ Class-I heirs
2️⃣ Class-II heirs
3️⃣ Agnates
4️⃣ Cognates
Only when earlier category is absent, the next category inherits.
2. Family Tree Succession Chart (Hindu Male Intestate)
│
┌───────────────┬───────────────┬───────────────┬───────────────┐
│ │ │ │
Widow Son Daughter Mother
│ │ │
│ ┌──────┴──────┐ ┌────┴─────┐
│ Son’s Son Son’s Daughter Daughter’s Son
│
│
Son’s Widow
All the above persons fall under Class-I heirs.
They inherit simultaneously and equally.
3. Class-I Heirs Table (Most Important for Judges)
| Class-I Heirs | Explanation |
|---|---|
| Son | Includes adopted son |
| Daughter | Includes adopted daughter |
| Widow | Multiple widows share equally |
| Mother | Biological mother |
| Son’s son | Grandson |
| Son’s daughter | Granddaughter |
| Daughter’s son | Grandson through daughter |
| Daughter’s daughter | Granddaughter through daughter |
| Widow of predeceased son | Daughter-in-law |
| Son of predeceased son | Great-grandson |
| Daughter of predeceased son | Great-granddaughter |
After 2005 amendment, daughter became coparcener equal to son.
Important ruling:
Vineeta Sharma v. Rakesh Sharma.
Principle:
Daughter has coparcenary right by birth equal to son.
4. Class-II Heirs (If No Class-I Heirs)
If none of the above exist, then property goes to Class-II heirs.
| Entry | Class-II 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:
Heirs in earlier entry exclude later entries.
Example:
If father exists, brother cannot inherit.
5. Agnates
If no Class-I or Class-II heirs exist, property goes to agnates.
Agnates are relatives related through males only.
Example:
-
Father’s brother
-
Father’s brother’s son
-
Grandfather’s brother
6. Cognates
If no agnates exist, property goes to cognates.
Cognates are relatives connected not wholly through males.
Example:
-
Mother’s brother
-
Sister’s son
-
Daughter’s daughter’s son
7. Special Situation – Ancestral Property
If property is ancestral coparcenary property, then:
Coparceners include:
-
Father
-
Son
-
Daughter
-
Grandson
-
Granddaughter
After 2005 amendment, daughters are equal coparceners.
8. Visual Coparcenary Chart (After 2005 Amendment)
│
┌─────┴─────┐
│ │
Father Uncle
│
┌──────┴───────────┐
│ │
Son Daughter
│ │
Grandson Granddaughter
All are coparceners by birth.
9. Hindu Female Succession (Quick Chart)
If a Hindu female dies intestate, property goes in this order:
1️⃣ Children + husband
2️⃣ Husband’s heirs
3️⃣ Parents
4️⃣ Father’s heirs
5️⃣ Mother’s heirs
Relevant provision: Section 15 of Hindu Succession Act.
10. Quick Judicial Checklist (Used in Court)
Before deciding inheritance, judge checks:
1️⃣ Religion of deceased
2️⃣ Existence of Will
3️⃣ Nature of property (ancestral/self acquired)
4️⃣ Existence of Class-I heirs
If Class-I heirs exist → case ends there.