Hindu Succession – Order of Heirs (Most Important Rule)

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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)

DECEASED (HINDU MALE)
│
┌───────────────┬───────────────┬───────────────┬───────────────┐
│ │ │ │
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)

GRANDFATHER
│
┌─────┴─────┐
│ │
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.

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