Succession rules, documents and costs
Hindu Succession Act Class I heirs: who inherits without a will, and in what shares
Class I and Class II heirs under the Hindu Succession Act, 1956, and how shares are worked out for a man or woman dying without a will.
When a Hindu, Buddhist, Jain or Sikh man dies without a will, his own property goes first to his Class I heirs, all at the same time and in equal shares: his sons, daughters, widow and mother, plus the children (and some grandchildren and widows) of any son or daughter who died before him. Only if there is no Class I heir does the property go to Class II heirs, starting with the father. A woman's property follows a different order under section 15 of the Hindu Succession Act, 1956, where her children and husband come first. This guide explains both orders with worked examples.
It is part of the inheritance law overview. For ancestral (coparcenary) property see daughters' coparcenary rights.
Who are the Class I heirs?
The Schedule to the Act lists sixteen Class I heirs. Twelve were in the original 1956 list, and four were added by the Hindu Succession (Amendment) Act, 2005.
| Group | Heirs |
|---|---|
| Immediate family | Son, daughter, widow, mother |
| Through a predeceased son | Son and daughter of a predeceased son; widow of a predeceased son |
| Through a predeceased daughter | Son and daughter of a predeceased daughter |
| Two generations, son's line | Son, daughter and widow of a predeceased son of a predeceased son |
| Added in 2005 | Son and daughter of a predeceased daughter of a predeceased daughter; daughter of a predeceased son of a predeceased daughter; daughter of a predeceased daughter of a predeceased son |
The father is not a Class I heir. He is the first entry in Class II and inherits only if no Class I heir survives.
How the shares are calculated (section 10)
Section 10 sets the distribution among Class I heirs:
- The widow takes one share. If there are several widows (from marriages before 1955), they share that one share between them.
- Each surviving son, each surviving daughter and the mother takes one share each.
- The heirs of each predeceased son or predeceased daughter take one share between them, as a branch.
Worked example 1 (illustrative). Ramesh dies without a will, owning a flat worth ₹1.2 crore and savings of ₹30 lakh, total ₹1.5 crore. He leaves his widow, his mother, a son and a daughter. There are four Class I heirs, so each takes one-fourth: ₹37.5 lakh each. His father, who is alive, takes nothing, because Class I heirs exist.
Worked example 2 (illustrative). Same estate, but Ramesh's daughter died before him, leaving two children. The heirs are the widow, the mother, the son and the daughter's branch. Each of the four shares is ₹37.5 lakh. The daughter's two children split her branch's share, ₹18.75 lakh each.
If there is no Class I heir: Class II and beyond
Class II heirs are divided into nine entries. An heir in an earlier entry excludes those in later entries. Within an entry, heirs share equally.
| Entry | Heirs (summary) |
|---|---|
| I | Father |
| II | Son's daughter's son and daughter; brother; sister |
| III | Daughter's son's son and daughter; daughter's daughter's son and daughter |
| IV | Brother's son and daughter; sister's son and daughter |
| V | Father's father; father's mother |
| VI | Father's widow (stepmother); brother's widow |
| VII | Father's brother; father's sister |
| VIII | Mother's father; mother's mother |
| IX | Mother's brother; mother's sister |
If there are no Class II heirs, the property goes to agnates (relatives through males), then cognates (relatives through a female), and finally, if nobody exists, it escheats to the government.
When a Hindu woman dies without a will (sections 15 and 16)
A Hindu woman's property is her absolute property under section 14, whatever its source. Without a will, it goes in this order:
- Her sons and daughters (including the children of a predeceased son or daughter) and her husband
- The heirs of her husband
- Her mother and father
- The heirs of her father
- The heirs of her mother
There are two exceptions where she has no son, daughter or children of a predeceased child:
- Property she inherited from her father or mother goes to the heirs of her father, not to her husband's heirs.
- Property she inherited from her husband or father-in-law goes to the heirs of her husband.
Worked example 3 (illustrative). Meena dies without a will and without children. She owned a flat she bought herself worth ₹80 lakh and jewellery inherited from her mother worth ₹10 lakh. Her husband and both his parents have died, and so have her own parents. Her husband's brother and her own brother are alive. The flat, her self-acquired property, goes to the heirs of her husband (order 2), worked out as if the husband had died owning it: with no Class I heir and no father, that is his brother, a Class II heir. The inherited jewellery came from her mother and she has no children, so it goes to the heirs of her father: her own brother, who is her father's son. One estate, two different heirs. Cases like this often surprise families, which is why married women without children should consider a will.
Other rules worth knowing
- Disqualification: a person who murders the deceased or abets the murder is disqualified from inheriting (section 25).
- Conversion: a convert remains an heir, but the children born after conversion of a convert are disqualified from inheriting from Hindu relatives (section 26), subject to later case law.
- Unborn child: a child in the womb at the time of death who is later born alive inherits as if born before the death (section 20).
- Equal shares, whatever the gender: the 2005 amendment removed the old section 23, which limited a daughter's right to claim partition of the family dwelling house.
- Agricultural land: the 2005 amendment also removed the exemption for state tenancy laws on agricultural land. Some state laws still raise questions, so take advice for farm land.
Proving who the heirs are
Institutions will ask you to prove the family tree. Depending on the asset, that is a legal heir certificate from the revenue authorities, a succession certificate from the civil court, or the RBI's simplified procedure for bank deposits. See the certificates comparison and the estate paperwork checklist.
Frequently asked questions
Does a married daughter inherit her father's property?
Yes. Marriage makes no difference. A married daughter is a Class I heir with the same share as a son.
Does the widow lose her share if she remarries?
No. A widow who remarries after her husband's death keeps the share she inherited. The old disqualifications for remarried widows of certain relatives were removed in 2005.
Does a stepchild inherit?
A stepchild is not a Class I heir of a step-parent. A child adopted under the Hindu Adoptions and Maintenance Act, 1956 inherits like a natural child.
Can the father inherit if there is a widow?
No. The father is a Class II heir. He takes nothing if any Class I heir, including the widow or mother, survives.
Sources
- India Code — Hindu Succession Act, 1956 with the Schedule of heirs
- Legislative Department — Hindu Succession (Amendment) Act, 2005
- Supreme Court of India — judgments on Hindu succession
- National Legal Services Authority — free legal advice on succession disputes
