Hindu Succession Examples

Let us see the examples of Hindu Succession as below.

If a person, male or female, dies intestate leaving spouse, son and daughter as direct heirs, then the self acquired property shall be divided into three equal parts and each heir shall acquire one part or share.

Suppose he/ she left a spouse, two sons and one daughter. Then the property shall be divided into four equal parts.

A male dying intestate leaving his mother, a wife, a son, a daughter. The property shall be divided into four equal parts and each heir shall get one share.

A male left two wives, a son, a daughter. Then the property shall be divided into three equal parts. Son and daughter shall get one part each and third part shall be shared by both the wives equally.

Let us see some other examples of ancestral property.

If a man dies intestate leaving his wife, son and daughter as his only legal heirs. The property enjoyed and left by him is a coparcenary one. The quantum of share shall be different in this case. The property shall be divided into three equal parts and these parts shall be distributed in the following manner.

o   One part to  the deceased

o   One part to son and

o   One part to daughter

The one part had by the deceased shall be considered like his separate or self acquired property, that is to say, the one third part of the property which would devolve on the deceased shall be further divided in equal parts and each tiny  ¹/₃ shall be taken by wife, son and daughter equally. It may be noted here that each heir shall get some share absolutely. Mother is included as heir for the male member only.

Let us consider two more examples.

Here the property is acquired by a female through her husband or father in law or through her father and she dies intestate, the said property shall devolve on the heirs as discussed above. In the absence of any such heirs, the property shall return back to the origin through whom she got the property and from there it devolves on the heirs of the origin.

That is to say, if the female intestate left no heirs and acquired the property

·        Through her husband, the property shall devolve on the heirs of her husband.

·        Through her father, the same shall devolve on heirs of her father

There are some class of relations listed in the Hindu Succession Act as class – I and class – II heirs. The class – I heirs include mother, wife, son, daughter. If any or all of these heirs predeceased, their wife and children shall inherit the respective share of the property. If there is no class – I heir, then the property shall devolve on the class – II heirs in the order mentioned below as per the Act.

CLASS II

    I. Father.

    II. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

    III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.

    IV. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

    V. Father’s father; father’s mother.

    VI.. Father’s widow; brother’s widow.

    VII. Father’s brother; father’s sister.

    VIII. Mother’s father; mother’s mother.

    IX. Mother’s brother; mother’s sister.