Male Dies, Who Gets Property?

Intestate Succession of Hindu Males under the Hindu Succession Act, 1956

When a Hindu male dies without making a will, his property devolves according to the statutory scheme laid down in the Hindu Succession Act, 1956 (“HSA”).

Sections 8 to 13 form the backbone of intestate succession for Hindu males. These provisions determine:

Who inherits first,
In what order heirs are preferred,
How shares are calculated,
How distant relatives (agnates and cognates) are considered,
And how degrees of relationship are computed.

This article provides a section-wise, structured, and practical explanation, updated as per the legal position in 2026, including the impact of the Hindu Succession (Amendment) Act, 2005 and leading Supreme Court interpretations such as Vineeta Sharma v. Rakesh Sharma.

Section 8 – General Rules of Succession in the Case of Males

Section 8 lays down the order of devolution of property when a Hindu male dies intestate.

The property devolves in the following order:

Firstly – Upon the heirs specified in Class I of the Schedule
Secondly – If no Class I heir exists, then upon Class II heirs
Thirdly – If none of the above, upon Agnates
Fourthly – If no agnates, then upon Cognates

This section establishes a clear hierarchical ladder of inheritance.

Section 9 – Order of Succession Among Heirs in the Schedule

Section 9 clarifies two important principles:

1️⃣ All Class I heirs inherit simultaneously

If even one Class I heir exists, the estate will not go to Class II heirs.

2️⃣ In Class II, priority is entry-wise

Class II heirs are arranged in entries.

Heirs in the first entry exclude all others.
Only if no one exists in the first entry does the next entry inherit.

Thus, succession is not random—it is structured and strictly hierarchical.

Class I Heirs (Complete Li

Class I heirs are the closest family members. As of 2026, the complete list includes:

Core Heirs:

Son
Daughter
Widow
Mother

Heirs by Representation:

Son of pre-deceased son
Daughter of pre-deceased son
Son of pre-deceased daughter
Daughter of pre-deceased daughter
Widow of pre-deceased son

Great-Grandchildren (through male line):

Son of pre-deceased son of pre-deceased son
Daughter of pre-deceased son of pre-deceased son
Widow of pre-deceased son of pre-deceased son

Additions by 2005 Amendment:

Son of pre-deceased daughter of pre-deceased daughter
Daughter of pre-deceased daughter of pre-deceased daughter
Daughter of pre-deceased son of pre-deceased daughter
Daughter of pre-deceased daughter of pre-deceased son

⚖ Important: The 2005 Amendment ensured daughters have equal rights as sons. This was reinforced by the Supreme Court in Vineeta Sharma (2020), confirming daughters are coparceners by birth, irrespective of whether the father was alive in 2005.

Section 10 – Distribution of Property Among Class I Heirs

Section 10 explains how shares are calculated.

It lays down four major rules:

Rule 1: Widow’s Share

The widow takes one share.
If there are multiple widows, they collectively take one share.

Rule 2: Sons, Daughters & Mother

Each surviving son, daughter, and the mother takes one equal share.

Rule 3: Branch of Pre-Deceased Child

If a son or daughter died earlier but left children, that “branch” gets one share collectively.

Rule 4: Division Within the Branch

The branch share is further divided:

Among widow and children of pre-deceased son
Among children of pre-deceased daughter

Example 1 – Simple Case

Mr. A dies leaving:

Widow
2 Sons
1 Daughter
Mother

Total shares:
Widow (1) + 2 Sons (2) + 1 Daughter (1) + Mother (1)
= 5 equal shares

Each receives 1/5th.

Example 2 – Pre-Deceased Son

If one son died earlier leaving:

His widow
2 children

That branch gets 1 share, which is divided equally among the 3 members.

Section 11 – Distribution Among Class II Heirs

If no Class I heir exists, property passes to Class II heirs.

Complete Class II List (Entry-wise)

Entry I

Father

Entry II

Son’s daughter’s son
Son’s daughter’s daughter
Brother
Sister

Entry III

Daughter’s son’s son
Daughter’s son’s daughter
Daughter’s daughter’s son
Daughter’s daughter’s daughter

Entry IV

Brother’s son
Sister’s son
Brother’s daughter
Sister’s daughter

Entry V

Father’s father
Father’s mother

Entry VI

Father’s widow
Brother’s widow

Entry VII

Father’s brother
Father’s sister

Entry VIII

Mother’s father
Mother’s mother

Entry IX

Mother’s brother
Mother’s sister

Heirs within the same entry share equally.

Example:
If only father and brother survive → Father alone inherits (Entry I excludes Entry II).

Section 12 – Order of Succession Among Agnates and Cognates

If no Class I or II heirs exist, property goes to:

Agnates
Then Cognates

Who is an Agnate?

A person related wholly through male links.

Examples:

Father’s brother
Brother’s son
Son’s son

No female link in the chain.

Who is a Cognate?

A person related but not wholly through males.

Examples:

Mother’s brother
Sister’s son
Daughter’s son

There is at least one female link.

Section 13 – Computation of Degrees

Section 13 explains how to determine who is “closer”.

Each generation counts as one degree.

Rules:

Fewer degrees of ascent preferred
If equal ascent, fewer degrees of descent preferred
If equal, share equally

Example:
Between:

Paternal uncle (2 degrees)
Paternal cousin (3 degrees)

Uncle is preferred.

Landmark Judicial Interpretation

1️⃣ Vineeta Sharma v. Rakesh Sharma (2020)

Daughters are coparceners by birth and have equal rights.

2️⃣ Danamma v. Amar (2018)

Reinforced daughter’s inheritance rights.

These decisions ensure gender equality in succession.

Key Legal Position as of 2026

✔ No change in heir classes after 2005 amendment
✔ Daughters fully equal to sons
✔ Representation principle continues
✔ Agnate priority over cognate remains
✔ Strict statutory order applies

Practical Succession Flow Chart

Check for Class I heirs
If none → Check Class II
If none → Agnates
If none → Cognates
If none → Escheat to Government

Conclusion

Sections 8–13 of the Hindu Succession Act create a clear, structured, and predictable system of inheritance for Hindu males dying intestate.

The law balances:

Immediate family protection,
Representation of deceased children,
Priority to bloodline,
Gender equality (post-2005 reforms).

Understanding these provisions is essential for:

Property disputes
Legal heirship certificates
Partition matters
Probate and succession litigation

If you are facing a succession issue, legal consultation is advisable to compute shares accurately, especially where multiple branches or pre-deceased heirs are involved.

Disclaimer

The information provided in this article is intended solely for general informational and educational purposes. It does not constitute legal advice, legal opinion, or a substitute for professional consultation. The interpretation and application of succession laws may vary depending on individual facts and circumstances.

Readers are strongly advised to seek independent legal advice from a qualified advocate before acting upon any information contained herein. No attorney-client relationship is created by reading or relying on this content.

While reasonable efforts have been made to ensure that the information is accurate and updated as of 2026, LegalCourtWeb makes no representations or warranties, express or implied, regarding the completeness, accuracy, reliability, or suitability of the content. LegalCourtWeb and the author shall not be liable for any loss or damage arising from reliance on this material.