Division of property if no legal class 1 heirs are available

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If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:

1] Category I -
a) Father.

2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.

3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.

4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.

5] Category V -
a) Father’s father.
b) Father’s mother.

6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.

7] Category VII -
a) Father’s brother.
b) Father’s sister.

8] Category VIII -
a) Mother’s father.
b) Mother’s mother.

9] Category IX –
a) Mother’s brother.
b) Mother’s sister.

The rule of share in Class-II heirs is that each will take per capita including widow.

Agnates and Cognates:
Next heir of Hindu male is ‘Agnates and Cognates’. In it first preference is given to ‘Agnates’ & then ‘Cognates’. The rules for determining who are agnates & cognates are the same; so are the rules relating to distribution of property among them.

Agnates mean when a person traces his relationship with another through males, he or she is an ‘Agnates’. For instance brother, brother’s son, son’s son, son’s son father, father’s father, father’s mother, father’s father’s father & mother, son’s daughter, son’s son’s daughter………. etc are agnates.

On other hand cognates means whenever in the relationship of a person with another, a female (or more than one female) interverence anywhere in the line, one cognate to another. For instance sister’s sons & daughters; daughter’s sons & daughters; mother’s mother & father; father’s mother’s father & mother; mother’s father’s son & daughter………..etc are all cognates.

Government:
If a Hindu male leaves behind neither class I, nor class II, nor any agnates, nor any cognates upon his death, then, his entire property lapses to the government. This is called as “Escheat”. When government takes his property as heir, it takes with subject to all the obligations and liabilities of propositus.

Succession to a Mitakshara Coparcener’s Interest
The Section 6 of the Act has been extensively amended by the Hindu Succession (Amendment) Act, 2005; while recognizing the rule of devolution by Survivorship among the members of the coparcener makes an exception to the rule in the proviso.
According to proviso, if the deceased has left a surviving female relative specified in class I or a male relative specified in that class who claim through such female relation, the interest of a deceased in Mitakshara Coparceners property shall devolve by testamentary of instate succession under the Act and not as Survivorship.

Certain exceptions:-
If , and the heirs are both male and female, the female heir is not allowed to request partition until the male heir chooses to divide their respective shares. If this female heir is a daughter, she has the right to reside in the home if she is unmarried, divorced or widowed.
After the Hindu Succession (Amendment) Act, 2005; Section 6, the difference between the female and male inheritor has been abolished . Now even female inheritor [daughter] can also claim partition of the ancestral property.
Further any person who commits murder is disqualified from receiving any form of inheritance from the victim.

If a relative converts from Hinduism, he or she is still eligible for inheritance.

Amendments
The Hindu Succession (Amendment) Act, 2005, amended Section 6 of the Hindu Succession Act, 1956, allowing daughters of the deceased equal rights with sons. In the case of coparcenary property, or a case in which two people inherit property equally between them, the daughter and son are subject to the same liabilities and disabilities. The amendment essentially furthers equal rights between males and females in the legal system.

Advocate Siddhant Sharma LawRato