If a Hindu person dies without a will or the will is missing the wealth of the person will be divided on the basis of the “Hindu Succession Act”. The Hindu Succession Act, 1956, is a law that was passed by the parliament of India in 1956 to amend and codify the law relating to intestate or un-willed succession, among Hindus. The Act was amended in 2005 by the Hindu Succession (Amendment) Act, 2005. It is also applicable to Jain’s, Buddhists and Sikhs. The Act also underlines the rules in case if the deceased is a male or female. A child in the womb has same right as a born child.
If the Deceased is a Male:
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no Class I or II heirs, then the property will first go to agnates (distant blood relatives of male lineage) and if no agnates are available then to cognates (distant blood relatives of male or female lineage). And if there are no cognates then the estate will go to government.
Class I Legal Heirs:
The following relations are considered to be Class I heirs:
Son/Daughter of a pre-deceased son (per-deceased means “already Dead”).
Son/Daughter of a pre-deceased Daughter.
Widow of a pre-deceased son.
Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels).
Widow of a pre-deceased son of a predeceased son
The widow (or widows), mother and each of the children (son or daughter, the law makes no distinction) take equal shares. Where one or more of such sons or daughters is no more, then, the Class 1 heirs in that branch will all jointly stand in the place left behind by such deceased son or daughter.
Class II Legal Heirs:
In case no Class-I heirs are available, Class-II heirs, are considered. Among the heirs specified in Class II, those who are mentioned first get the property simultaneously and in exclusion to those in the subsequent entries. For example, if the father is no longer live, then the second in list such as,
1. Son’s daughter’s son
2. Son’s daughter’s daughter
will get the property in equal measure, provided all the heirs are available. However, whoever is alive will get the property in equal proportion.
The property of a female Hindu dying intestate shall devolve according to the following rules:
(a) firstly, upon the sons and daughters (including the children of any pre- deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father;
(e) lastly, upon the heirs of the mother;
In case of a Hindu female dying intestate and without any issue or any children or any predeceased children, any property inherited by her from her parents shall not devolve upon her husband or his heirs but revert to her natal family.
Similarly, in case a Hindu female dies intestate and without any issue or any children or any predeceased children, then any property inherited by her from her husband or her father-in-law devolves upon the heirs of her husband. Thus, property inherited from her husband would not devolve upon her father or his heirs.
Agnates and Cognates:
If there are no heirs in Class II, the property will be given to the deceased’s agnates (a male or female descendant by male links from a common male ancestor) or relatives through male lineage (for example first cousin and there children). If there are no agnates or relatives through the male’s lineage, then the property is given to the cognates (One related by blood or origin with another, especially a person sharing an ancestor with another), or any relative through the lineage of males or females (for example second cousin and their children). If someone leaves behind neither Class 1, nor Class 2 heirs, nor has any agnates, nor any cognates the entire property lapses to the Government.