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Order of preference for Hindu legal heirs

17 February 2026 . 3 minutes min read

The Hindu Succession Act, 1956 brought about a comprehensive codification of the law relating to intestate succession among Hindus. The Act applies to the property of a Hindu male dying intestate and lays down an exhaustive scheme identifying heirs, their order of preference, and the manner of distribution of property. The heirs of a Hindu male fall into the following categories:

catagories of hindu heirs
Categories of heirs in case of Hindu Male

Class I and Class II heirs are enumerated heirs, while agnates and cognates are not exhaustively enumerated. The presence of an heir in an earlier category excludes heirs in the subsequent categories.

Class I Heirs: Preferential and Simultaneous Heirs

Class I heirs occupy the highest priority under the Act. They are also referred to as preferential heirs because the presence of any Class I heir excludes all other categories of heirs. All Class I heirs inherit simultaneously and take their shares together.

List of Class I Heirs

Class I heirs include:

Class I heirs as per HSA
Class I heirs of Hindu Male as per Hindu Succession Act

 

By virtue of the Hindu Succession (Amendment) Act, 2005, additional heirs have been included, such as children of a predeceased daughter and further descendants, thereby strengthening the position of female heirs.

Meaning of Son and Daughter

  • A son means a legitimate son, whether natural born or adopted. An adopted son takes an equal share with the natural son. An illegitimate child is not entitled to inherit.

  • A posthumous son, i.e., a child in the womb at the time of the death of the intestate and subsequently born alive, is also included.

  • A stepson is not included in the expression “son”. A son born of a void marriage does not inherit the property of the father, except as provided under Section 16 of the Hindu Marriage Act, 1955, which limits such inheritance to self-acquired property of the parents.

  • Similarly, a daughter includes a legitimate natural or adopted daughter. An illegitimate daughter cannot inherit.

  • A daughter includes a posthumous daughter but does not include a stepdaughter. All daughters inherit equally, irrespective of marital status, chastity, or divorce. The earlier distinctions between married and unmarried daughters are no longer operative.

Widow and Mother as Class I Heirs

  • A widow means the legally wedded wife of the intestate. If a Hindu male dies leaving behind only his widow, she becomes the sole heir and inherits absolutely.

  • A wife of a void marriage is not a widow under the Act. A divorced wife is also not entitled to inherit as a widow.

  • An unchaste widow is not disqualified from inheritance. The earlier rule disqualifying a widow upon remarriage has been removed by the Amendment Act of 2005.

  • Mother is always a mother. Whether legitimate or illegitimate, remarried or divorced, she continues to be a Class I heir.

  • The marriage of the mother with the intestate’s father, whether valid or void, is immaterial.However, a stepmother is not included in Class I heirs and is placed under Class II.

Shares of Class I Heirs

Section 10 of the Act governs the distribution of property among Class I heirs. The rules are as follows:

  • Sons, daughters, and the mother of the intestate each take one share.

  • The widow takes one share. If there is more than one widow, all widows together take one share and divide it equally among themselves.

  • Heirs in the branch of a predeceased son or daughter take the share which the deceased heir would have taken if alive, applying the rule of representation.

Thus, inheritance among Class I heirs is both per capita and per stirpes, depending on whether the heir is a direct heir or represents a predeceased heir.

Doctrine of Representation

The doctrine of representation applies to heirs in the branches of predeceased sons and daughters. The heirs in each branch collectively take one share, which is then divided equally among themselves.

This ensures that descendants of predeceased heirs are not excluded and receive the share that their parent would have taken.

Class II Heirs: Order of Preference

In the absence of Class I heirs, the property devolves upon Class II heirs. Class II heirs are divided into nine categories. An heir in an earlier category excludes heirs in later categories. All heirs in the same category inherit simultaneously and per capita

Class II heirs as per HSA
Class I heirs for Hindu Male as per Hindu Succession Act

Agnates and Cognates

Agnates and cognates are not enumerated heirs. They inherit only in the absence of Class I and Class II heirs.

Agnates

An agnate is a person who traces his relationship to the intestate wholly through males. The sex of the agnate is immaterial. Agnates are classified into:

  • Descendant agnates

  • Ascendant agnates

  • Collateral agnates

There is no limit to the degrees of relationship among agnates.

Cognates

Cognates are relatives who trace their relationship to the intestate through one or more females.

Like agnates, cognates may be descendants, ascendants, or collaterals.

Among collateral cognates, uterine brother and sister are the nearest collateral cognates.

Rules of Preference between Agnates and Cognates

Agnates are always preferred over cognates. The distribution of property among agnates and cognates is governed by Section 12 of the Act, which lays down the following rules:

  • Of two heirs, the one with fewer or no degrees of ascent is preferred.

  • Where degrees of ascent are equal or none, the one with fewer or no degrees of descent is preferred.

  • Where neither heir is entitled to preference, they take simultaneously.

  • For ease of application, these rules are further simplified based on whether the claimants are descendants, ascendants, or collaterals.

Notional Partition and Coparcenary Property

The concept of notional or deemed partition is applied for the limited purpose of demarcating the share of a deceased coparcener. It is not a real partition and does not result in severance of status. On the death of a coparcener leaving behind a Class I female heir or a male heir claiming through such female, his interest in the coparcenary property devolves by succession and not by survivorship. The share of the deceased coparcener is determined as if a partition had taken place immediately before his death.

Property that comes by virtue of partition becomes separate property and devolves by succession.

The Hindu Succession Act, 1956 establishes a clear hierarchy of heirs and a structured scheme of inheritance. The inclusion of daughters as coparceners and the expansion of Class I heirs through legislative amendments reflect a progressive approach toward gender equality. At the same time, the Act preserves traditional principles such as agnatic preference and representation, ensuring continuity with classical Hindu law while adapting to contemporary realities. 

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