Intestate Succession under Hindu Law | Hindu succession act 1956 notes

Introduction

Property devolves on the successors of a dying person through two methods - through testamentary disposition or through succession.

Testamentary disposition means when the person who has died has made arrangements of devolution of property through Will. Intestate Succession means when the Hindu person has died without making any arrangement for testamentary disposition which can come into effect after his death and devolution of property takes place according to the rules of succession i.e. when the property devolves on the heirs of a person who has died without making any Will regarding devolution of his property, then it is called intestate succession.

Devolution of interest in coparcenary property [Section 6]

After the Hindu Succession (Amendment) Act, 2005, the rule of survivorship is completely abolished and new Section 6(3) provides that where a Hindu dies after the commencement of this Amending Act of 2005, his interest in the coparcenary property will devolve by rule of succession, whether testamentary or intestate as provided under Section 8 to 13 of Hindu Succession Act, 1956 and the coparcenary property shall be deemed to have been partitioned and—

(a) Daughter will be allotted the same share as is allotted to a son.

(b) The share of a pre-deceased son or pre-deceased daughter, as they would have got, have they been alive at the time of partition, shall be allotted to surviving child of such pre-deceased son or daughter, as the case may be. 

(c) If the child as mentioned above is dead, his interest shall devolve upon the child of such pre-deceased child of pre-deceased son or pre-deceased daughter as the case may be.

Devolution of interest in self-acquired property [Section 8 to 13]

Section 8 lays down general rule of succession in case of males dying intestate. It opens at the time of death of the person whose property is to be succeeded. According to Section 8 of Hindu Succession Act, 1956, the property of a male Hindu shall devolve -

Firstly upon the heirs specified in Class I of the Schedule.

Secondly, if there is no Class I heir, then upon the heirs specified in Class-II of the Schedule.

Thirdly, if there is no Class I or Class Il heir, then upon agnates of the deceased.

Lastly, if there are no agnates, then upon cognates of the deceased.

Section 29 provides that on failure of these heirs to succeed, the property of the intestate shall devolve on the Government by Escheat. Thus, for the purpose of inheriting the property, heirs are divided as :—

Relatives mentioned in Class I of Schedule.

Relatives mentioned in Class II of Schedule.

Agnates of the deceased.

Cognates of the deceased.

Sons and daughter include adopted ones but not the illegitimate ones. In Daddo Atmaram Patil v. Raghunath Atmaram Patil, AIR 1979 Bom 176, the court held that illegitimate son or daughter is not included in the category of heirs of Class I.

The term 'brothers' and 'sisters' in Class I heirs include brother or sister by full-blood as well as by half-blood but full brother will exclude half-brother and full sister exclude half-sister in the same entry [Purushottom v. Sripal, AIR 1976 Bom 379].