Classes of heirs
The Schedule to the Hindu Succession Act, 1956: sixteen class I heirs, nine entries of class II heirs, and how agnates and cognates follow
In one minute
The Schedule to the Hindu Succession Act, 1956 lists the heirs in two classes. Class I has sixteen heirs, such as the son, daughter, widow and mother. Class II has nine entries, beginning with the father.
Class I heirs take together and shut out everyone else. Class II comes next, entry by entry. After class II come agnates and then cognates.
Exam focus
- Frequency: Frequently asked
- Usually asked as: Long answer (10 to 15 marks)
Legal provision
- Section 8: property of a male Hindu goes firstly to class I of the Schedule, secondly to class II, thirdly to agnates, lastly to cognates.
- Section 9: class I heirs take simultaneously and exclude all others. In class II, the first entry is preferred to the second, and so on.
- Section 10: shares among class I heirs.
- Section 11: heirs in one class II entry share equally.
- Section 3(1)(a) and (c): definitions of agnate and cognate.
- Section 3(1)(e): full blood, half blood and uterine blood.
- The Schedule: the lists of class I and class II heirs.
Meaning and definition
Class I heirs are the nearest relatives: the deceased's children, widow, mother and certain descendants. Class II heirs are the next group, such as the father, brothers, sisters and some grandchildren. An agnate is related wholly through males. A cognate is related, but not wholly through males.
- Heirs of a male Hindu
- Class I (16 heirs)Take together. Shut out all other heirs.
- Class II (9 entries)Entry I first, then entry II, and so on.
- AgnatesRelated wholly through males.
- CognatesRelated, but not wholly through males.
Detailed explanation
Step 1: class I heirs
The Schedule lists sixteen class I heirs. The first twelve were in the original Act. The last four were added by the 2005 Amendment.
- Son.
- Daughter.
- Widow.
- Mother.
- Son of a pre-deceased son.
- Daughter of a pre-deceased son.
- Son of a pre-deceased daughter.
- Daughter of a pre-deceased daughter.
- Widow of a pre-deceased son.
- Son of a pre-deceased son of a pre-deceased son.
- Daughter of a pre-deceased son of a pre-deceased son.
- Widow of a pre-deceased son of a pre-deceased son.
- Son of a pre-deceased daughter of a pre-deceased daughter (added in 2005).
- Daughter of a pre-deceased daughter of a pre-deceased daughter (added in 2005).
- Daughter of a pre-deceased son of a pre-deceased daughter (added in 2005).
- Daughter of a pre-deceased daughter of a pre-deceased son (added in 2005).
Step 2: class II heirs
Class II has nine entries. The Explanation says that a brother or sister does not include a brother or sister by uterine blood. Uterine blood means descent from a common ancestress by different husbands (section 3(1)(e)).
| Entry | Heirs |
|---|---|
| I | Father |
| II | Son's daughter's son; son's daughter's daughter; brother; sister |
| III | Daughter's son's son; daughter's son's daughter; daughter's daughter's son; daughter's daughter's daughter |
| IV | Brother's son; sister's son; brother's daughter; sister's daughter |
| V | Father's father; father's mother |
| VI | Father's widow; brother's widow |
| VII | Father's brother; father's sister |
| VIII | Mother's father; mother's mother |
| IX | Mother's brother; mother's sister |
Step 3: how the classes work (sections 8 to 11)
- Class I heirs take simultaneously, to the exclusion of all other heirs (section 9).
- The shares among them follow section 10.
- The widow (or all widows together) takes one share. Each surviving son, daughter and the mother takes one share. The branch of each pre-deceased son or daughter takes one share.
- Class II is reached only if there is no class I heir. An earlier entry is preferred to a later entry, and heirs in one entry share equally (sections 9 and 11).
- Agnates come only if there is no heir in either class. Cognates come only if there is no agnate (section 8).
Step 4: the Court on a class I heir
In Chander Sen, the only son was the sole class I heir. He took his father's property under section 8 in his individual capacity. In Vellikannu, a son who murdered his father was disqualified, and his wife could not claim through him.
Exceptions and special rules
- Mother and father: the mother is a class I heir. The father is in class II, entry I.
- Uterine brothers and sisters: they are not included in the Schedule's reference to brother or sister.
- Several widows: all widows together take one share (section 10 Rule 1).
- Daughters: a daughter and the children of a pre-deceased daughter are both in class I.
Don't confuse: class I and class II heirs
| Point | Class I | Class II |
|---|---|---|
| When they take | First, together, to the exclusion of all others | Only if there is no class I heir |
| Father | Not in class I | Entry I |
| Mother | In class I | Not in class II |
| Sharing | By the four rules of section 10 | Equally within one entry (section 11) |
Inside the concept. A Hindu man in Guntur dies leaving a widow, his mother and a brother. The widow and the mother are class I heirs and take. The brother, a class II heir, gets nothing.
Just outside it. A Hindu man in Guntur dies leaving only his father and a brother. There is no class I heir. The father in entry I is preferred to the brother in entry II.
Common mistakes
- Saying that the father is a class I heir. He is in class II, entry I.
- Saying that class II heirs share with class I heirs. Class I excludes them.
- Counting a uterine brother as a class II heir. The Explanation excludes him.
- Forgetting the four heirs added in 2005, such as the daughter of a pre-deceased daughter of a pre-deceased son.
Apply it
Problem
A Hindu man in Nizamabad dies intestate, leaving his father, a full brother and a sister. He has no wife, children or mother. Who inherits?
Issue
Which class of heirs takes?
Rule
Section 8 sends the property to class I first. If there is none, class II takes, with the earlier entry preferred (section 9). Heirs in one entry share equally (section 11).
Application
No class I heir survives. The father is in entry I. The brother and sister are in entry II. Entry I is preferred.
Conclusion
The father takes the whole property.
Leading case laws
- Commissioner of Wealth Tax, Kanpur v. Chander Sen
Facts. Rangi Lal died intestate in 1965. His only son, Chander Sen, inherited Rs.1,85,043 from the firm account. The Revenue taxed it as joint family property.
Principle. Under section 8, the property of a father who dies intestate devolves on his son, a class I heir, in his individual capacity.
Why it matters. It shows the effect of being a class I heir under section 8.
- Vellikannu v. R. Singaperumal
Facts. A son murdered his father, was convicted and later released. His wife sued to inherit the father's estate through him.
Principle. A disqualified murderer is treated as non-existent and not as the stock for a fresh line of descent. His wife cannot claim through him.
Why it matters. It shows that a class I heir can be disqualified, and that no claim can pass through him.
How to write this answer in the exam
5-mark answer
- Two classes in the Schedule.
- Class I heirs and their effect (section 9).
- Class II entries.
- Agnates and cognates.
10-mark answer
- Scheme of section 8.
- List of class I heirs.
- List of class II entries.
- Section 9: exclusion and preference.
- Sections 10 and 11: shares.
- Cases and an example.
Key points to remember
- Class I has sixteen heirs, four of them added in 2005. Class II has nine entries.
- Class I heirs take together and shut out all others (section 9).
- The mother is in class I; the father is in class II, entry I.
- Class II: an earlier entry beats a later entry; one entry shares equally (sections 9 and 11).
- Brother or sister in the Schedule does not include uterine brother or sister.
Quick self-test
1. How many class I heirs are there?
Sixteen. The last four were added in 2005.
2. Where is the father in the Schedule?
Class II, entry I.
3. What happens if there is a class I heir?
Class I heirs take together and shut out everyone else (section 9).