- Class I heirs inherit together and exclude all other relatives.
- The widow, each son, each daughter and the mother take one share each.
- The family of a son or daughter who died earlier takes that child's share between them.
- A Hindu woman's property follows different rules under Sections 15 and 16.
- Heirs need documents such as heirship proof or a succession certificate to transfer assets.
On this page
Who is a class 1 heir of a Hindu male?
| # | Class I heir |
|---|---|
| 1 | Son |
| 2 | Daughter |
| 3 | Widow |
| 4 | Mother |
| 5 | Son of a pre-deceased son |
| 6 | Daughter of a pre-deceased son |
| 7 | Son of a pre-deceased daughter |
| 8 | Daughter of a pre-deceased daughter |
| 9 | Widow of a pre-deceased son |
| 10 | Son of a pre-deceased son of a pre-deceased son |
| 11 | Daughter of a pre-deceased son of a pre-deceased son |
| 12 | Widow of a pre-deceased son of a pre-deceased son |
| 13 | Son of a pre-deceased daughter of a pre-deceased daughter |
| 14 | Daughter of a pre-deceased daughter of a pre-deceased daughter |
| 15 | Daughter of a pre-deceased son of a pre-deceased daughter |
| 16 | Daughter of a pre-deceased daughter of a pre-deceased son |
How are shares divided among Class I heirs?
Section 10 sets the rules. The widow takes one share; if there is more than one widow, they share it. Each surviving son, each surviving daughter and the mother takes one share each. The heirs in the branch of each pre-deceased son or daughter take one share together, divided among them in the same way. So not every Class I heir gets an equal share; grandchildren through a deceased child split that child's share.
Example: a father dies without a will
He leaves his widow, his mother, one son, one daughter, and two children of a son who died earlier. There are five shares: widow, mother, son, daughter, and the deceased son's branch. Each of the first four takes one-fifth, and the two grandchildren share the last fifth equally.
What if there is no Class I heir?
The property goes to Class II heirs in the order listed in the Schedule, starting with the father, then siblings and their children, and so on. Only if there are none does it go to agnates, then cognates.
How does a Hindu woman's property pass?
Sections 15 and 16 apply. Her property goes first to her children and husband. Property she inherited from her parents goes, if she has no children, back to her father's heirs; property inherited from her husband or father-in-law goes to her husband's heirs.
Other religions
Christians and Parsis follow the Indian Succession Act, 1925; Muslims follow the fixed shares of Muslim personal law. See Indian Succession Act 1925.
Transfer of property after death without a will
- Get the death certificate and proof of heirship.
- For a society flat, follow the society's transmission process.
- For land, apply for mutation in the revenue records.
- For bank deposits and shares, use the claim process and a succession certificate where required.
- If one heir is to keep the property, the others sign registered release deeds.
Founder and Managing Partner, VIVS Legal. BLS, LL.B, LL.M, PGDBM, JAIIB.
