Class II, III, and IV of the Hindu Succession Act, 1956

Question: Who are the Class-II heirs under the Hindu Succession Act, 1956, and what are the rules for property devolution among them?

Answer:

Introduction

Class-II heirs under the Hindu Succession Act, 1956, are considered only when there are no Class-I heirs present. The devolution of property to Class-II heirs follows a specific hierarchy and set of rules.

Explanation of Class-II Heirs

1. Absence of Class-I Heirs:

• If a single heir from the Class I category is present, the property does not pass to Class-II heirs.
• When a Hindu male dies unmarried and is not survived by any Class-I heir, the property devolves among Class-II heirs.

2. Hierarchical Exclusion:

• Heirs in category (ii) exclude those in category (iv). For example, in the presence of a brother of the intestate, the nephew cannot inherit.
• The Class-II category has 19 heirs grouped into nine sub-categories, with prior sub-categories excluding the latter. These groups include males and females such as the father, great-grandchildren, grandparents, brothers, sisters, their children, paternal and maternal uncles and aunts, step-mothers, and widows of the intestate’s brothers.

3. Distribution Rule:

• All heirs within one category take the property in equal shares, following the per capita rule. The order of their names is irrelevant.

Sub-Categories of Class-II Heirs

The Class-II heirs and their sub-categories are as follows:

I. Father

II.

1. Son’s daughter’s son
2. Son’s daughter’s daughter (also in Class-I category)
3. Brother
4. Sister

III.

1. Daughter’s son’s son
2. Daughter’s son’s daughter (also in Class-I category)
3. Daughter’s daughter’s son (also in Class-I category)
4. Daughter’s daughter’s daughter (also in Class-I category)

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

Explanation:

• The term ‘brother and sister’ does not include those related by uterine blood.
• Patriarchal norms favor paternal relations over maternal ones.
• Step-brothers and step-sisters with a common father inherit as Class-II heirs from each other. However, those with a common mother but different fathers do not inherit from each other as Class-II heirs.
• Interestingly, while the mother excludes the father in inheritance matters, her relations in the same degree are excluded by the father’s relations.

Conclusion

Class-II heirs inherit only in the absence of Class-I heirs, following a strict hierarchical order that reflects patriarchal norms. This structure ensures a clear and equitable distribution of property among eligible relatives.

Question: What is the position of the father as an heir under the Hindu Succession Act, 1956?

Answer:

Introduction

The position of the father as an heir under the Hindu Succession Act, 1956, involves specific conditions and exclusions. This section details the inheritance rights of a father, distinguishing between biological, adoptive, and stepfathers.

Position of the Father as an Heir

1. Definition of ‘Father’:

• The term ‘father’ includes both biological and adoptive fathers but excludes stepfathers and putative fathers of illegitimate children.
• In cases where a son is born from a void marriage or an annulled voidable marriage, the biological father is still considered a legal heir.

2. Inheritance Rights:

• The father is either completely excluded from inheritance or entitled to the entire property, depending on the presence of Class-I heirs.
• If any Class-I heir exists, the father is excluded from inheritance.
• If no Class-I heir exists, the father inherits the property entirely, excluding all other Class-II heirs.

3. Historical Context and Current Position:

• Initially, both parents were placed in sub-category (i) of Class-II heirs in the Hindu Code Bill, 1948, and the original Hindu Succession Bill, 1954. Later, the mother was moved to Class I, while the father remained in Class II.
• Presently, both parents are considered equal for succession to the property of a female Hindu and for Parsi and Muslim intestates under the Indian Succession Act, 1925. However, under the Indian Succession Act, 1925, the father is preferred over the mother.
• Under the Hindu Succession Act, 1956, and the Indian Succession Act, 1925, the father is excluded in the presence of children.

4. Comparison with Historical Laws:

• Under Mitakshara law, except Mayukha, the father’s placement was after the mother. Under Dayabhaga law, the situation was reversed.
• The current placement of parents in inheritance should ideally be based on natural love and affection, suggesting both parents should be placed in Class-I.

Conclusion

The father’s inheritance rights under the Hindu Succession Act, 1956, are dependent on the presence of other heirs. While excluded in the presence of Class-I heirs, the father inherits the entire property in their absence. Historical context and laws have influenced the father’s position, emphasizing the need for equal footing for both parents based on natural affection.

Question: What is the position of the son of a predeceased daughter of a predeceased son as an heir under the Hindu Succession Act, 1956?

Answer:

Introduction

The Hindu Succession Act, 1956, categorizes heirs into different classes, impacting their inheritance rights. The position of the son of a predeceased daughter of a predeceased son (SDS) falls under Class-II heirs, but recent amendments have influenced these rights, particularly concerning the gender of the children.

Position of the Son of a Predeceased Daughter of a Predeceased Son

1. Original Placement:

• Initially, both the son and daughter of a predeceased daughter of a predeceased son were considered Class-II heirs. They would inherit the property if no Class-I heirs or the father of the intestate were present.

2. Amendment and Current Position:

• The daughter of a predeceased daughter of a predeceased son has been elevated to the Class-I category, enhancing her inheritance rights.
• However, the son of a predeceased daughter of a predeceased son retains his original placement in the Class-II category.

3. Inheritance Scenario (Referencing Fig. 12.19):

• In scenarios where both the son (SDS) and daughters (SDD1 and SDD2) of a predeceased daughter of a predeceased son are present, SDD1 and SDD2, being Class-I heirs, will inherit the property.
• SDS will not inherit any property in the presence of SDD1 and SDD2.
• If no Class-I heirs or the father of the intestate are present, SDS will then inherit the property.

Conclusion

The son of a predeceased daughter of a predeceased son holds a specific and conditional position in inheritance under the Hindu Succession Act, 1956. While his sister (the daughter) has been moved to the Class-I category, his inheritance rights remain as a Class-II heir, applicable only in the absence of Class-I heirs or the father of the intestate. This distinction underscores the evolving nature of inheritance laws and the emphasis on equitable rights among heirs.

Question: What are the inheritance rights of brothers and sisters under the Hindu Succession Act, 1956, in different blood relationships and circumstances?

Answer:

Introduction

Under the Hindu Succession Act, 1956, brothers and sisters can inherit property based on their relationship to the intestate. These relationships can be categorized as full-blood, half-blood, and uterine blood relationships. Additionally, there are specific rules regarding the inheritance rights of children from void or voidable marriages. This response outlines the inheritance rights of brothers and sisters in various scenarios.

Full-Blood Relationship

Definition:

• Full-blood brothers and sisters share both parents. They are descendants of the same mother and father.

Example:

• In Fig. 12.20, S and D are the son and daughter of F and M. As they share both parents, they are full-blood brother and sister.

Inheritance Rights:

• Full-blood siblings inherit equally and can exclude half-blood and uterine siblings if the relationship is the same in every other respect.

Half-Blood Relationship

Definition:

• Half-blood siblings share only one common parent. In Hindu law, this usually means they have a common father but different mothers.

Example:

• A Hindu father, F, and his wife, W1, have a son, S. After W1 dies or is divorced, F marries W2 and has a daughter, D. S and D are half-blood siblings as they share the same father but have different mothers.

Inheritance Rights:

• Full-blood siblings exclude half-blood siblings from inheritance if the nature of the relationship is the same. For example, a full-blood sister would exclude half-blood brothers and sisters.

Uterine Blood Relationship

Definition:

• Uterine siblings share the same mother but have different fathers.

Example:

• In Fig. 12.21, W, a Hindu woman, marries H, and they have a daughter, D. After H dies, W marries H1 and has a son, S. S and D are uterine siblings.

Inheritance Rights:

• Uterine siblings are not Class-II heirs but inherit as cognates when no other nearer heir is present.

Children from Void or Voidable Marriages

Rights:

• Offspring from a void or voidable marriage are legitimate but only related to their parents.
• They do not inherit from other natural-born, legitimate children of a valid marriage of the father.

Example:

• In Fig. 12.22, F marries W1 and has a son, S1. F then marries W2, and they have two sons, S2 and S3. If S1 dies, S2 and S3, born of a void marriage, would not inherit from S1 despite being half-brothers. However, S2 and S3 can inherit from each other as full-blood siblings.

Exclusion and Inheritance Hierarchy

Full-Blood vs. Half-Blood and Uterine Siblings:

• A full-blood sibling will exclude half-blood and uterine siblings. For instance, if a Hindu male dies leaving a full-blood sister, a half-blood brother, and a uterine brother, the full-blood sister will inherit, excluding the others.

Shared Inheritance with Other Class-II Heirs:

• Brothers and sisters inherit along with the son of a predeceased daughter of a predeceased son. Each heir will share equally.

Example:

• As shown in Fig. 12.23, A dies intestate, leaving behind a brother (Br), a sister (Si), and three sons of a predeceased daughter of a predeceased son. Each will inherit one-fifth (1/5) of the property.

Siblings and Sons of a Predeceased Brother:

• If a Hindu male dies leaving a sister and sons of a predeceased brother, the sister will inherit the property, excluding the sons of the predeceased brother.

Conclusion

The inheritance rights of brothers and sisters under the Hindu Succession Act, 1956, depend on their blood relationship to the intestate. Full-blood siblings have a stronger claim compared to half-blood and uterine siblings. Additionally, the legitimacy and circumstances of the parents’ marriage impact the inheritance rights of their children. Understanding these distinctions ensures proper application of the inheritance laws as intended by the Act.

Question: What are the inheritance rights of grandchildren listed in entry III of the Class-II category under the Hindu Succession Act, 1956, and how do they share the property?

Answer:

Introduction

Under the Hindu Succession Act, 1956, entry III of the Class-II category includes specific grandchildren of the intestate. These grandchildren must be related to the intestate through legitimate birth, adoption, or be offspring of a valid marriage. This section explores the current placement of grandchildren in the inheritance hierarchy and provides an illustration to explain their inheritance rights.

Grandchildren in Entry III of Class-II Heirs

Eligible Grandchildren:

• Initially, this entry included several grandchildren. However, recent changes have moved three specific grandchildren to the Class-I category:
• Daughter’s son’s daughter
• Daughter’s daughter’s son
• Daughter’s daughter’s daughter

Remaining Grandchild:

• The only grandchild remaining in entry III of the Class-II category is the son of a predeceased son of a predeceased daughter.

Inheritance Rights and Distribution

Inheritance Rule:

• When the intestate dies leaving behind grandchildren in entry III, they share the property equally among themselves.

Illustration:

• Scenario: A dies intestate, leaving behind three grandsons of a predeceased daughter.
• Distribution: Each grandson will inherit one-third (1/3) of the property.

Figure Reference:

• Fig. 12.24: A visual representation showing the equal distribution among the three grandsons.

Conclusion

The inheritance rights of grandchildren in entry III of the Class-II category under the Hindu Succession Act, 1956, are clearly defined. The current law ensures that the son of a predeceased son of a predeceased daughter remains in this entry, while other specific grandchildren have been moved to the Class-I category. The distribution of property among eligible grandchildren is done equally, ensuring fair inheritance.

Question: What are the inheritance rights of the grandchildren of a predeceased daughter under the Hindu Succession Act, 1956, and how is their property share determined?

Answer:

Introduction

Under the Hindu Succession Act, 1956, the inheritance rights of grandchildren of a predeceased daughter were initially placed in entry III of the Class-II category. These grandchildren must be related to the intestate through legitimate birth or adoption, or be offspring of a valid marriage. Recent amendments have changed the classification of some grandchildren to Class-I heirs.

Grandchildren of a Predeceased Daughter

Original Placement:

• Initially, all grandchildren of a predeceased daughter were placed in entry III of the Class-II category.

Current Placement:

• Now, three specific grandchildren have been moved to the Class-I category:
• Daughter’s son’s daughter
• Daughter’s daughter’s son
• Daughter’s daughter’s daughter

Remaining in Entry III:

• The son of a predeceased son of a predeceased daughter is the only grandchild remaining in entry III of the Class-II category.

Inheritance Rights and Distribution

Inheritance Rule:

• When the intestate dies leaving behind grandchildren in entry III, these grandchildren share the property equally among themselves.

Illustration:

• Scenario: A dies intestate, leaving behind three grandsons of a predeceased daughter.
• Distribution: Each grandson will inherit one-third (1/3) of the property.

Conclusion

The inheritance rights of grandchildren of a predeceased daughter under the Hindu Succession Act, 1956, are now more distinctly categorized. While specific grandchildren have been elevated to Class-I heirs, the son of a predeceased son of a predeceased daughter remains in entry III of the Class-II category. The property is shared equally among the eligible grandchildren in this entry, ensuring a fair distribution.

Question: What are the inheritance rights of the children of brothers and sisters under the Hindu Succession Act, 1956, and how is their property share determined in the absence of their parents?

Answer:

Introduction

Under the Hindu Succession Act, 1956, the inheritance rights of the children of brothers and sisters are defined under entry IV of the Class-II category. These rights determine how property is shared among these heirs in the absence of their respective parents.

Inheritance Rights of Children of Brothers and Sisters

General Rule:

• All children of brothers and sisters inherit together under entry IV of the Class-II category.
• They share the property equally, regardless of their sex or the sex of their parent.

Exclusions:

• Children of uterine brothers and sisters are excluded from inheritance.
• In the presence of children of both full-blood and half-blood brothers and sisters, the former exclude the latter.

Preference:

• The son of a predeceased sister is a Class-II heir and is preferred over the grandson of the uncle of the intestate.

Illustrations

Illustration (i):

• Scenario: A dies intestate, leaving behind one son of a predeceased sister (S) and two daughters of a predeceased brother (D1 and D2).
• Distribution: The property would be divided into three equal parts, with S, D1, and D2 each receiving one-third (1/3) of the property.

Illustration (ii):

• Scenario: A dies intestate and is survived by a son of a predeceased half-blood brother (S) and a daughter of a full-blood predeceased sister (D).
• Distribution: The daughter of a full-blood sister (D) would exclude the son of the predeceased half-blood brother (S) and take the entire property.

Conclusion

The inheritance rights of the children of brothers and sisters under the Hindu Succession Act, 1956, are clearly defined. In the absence of their respective parents, these children share the property equally, with full-blood relations taking precedence over half-blood relations. The son of a predeceased sister is given preference over more distant relatives, ensuring a fair and structured distribution of property.

Question: What are the inheritance rights of paternal grandparents under the Hindu Succession Act, 1956, and how is their property share determined?

Answer:

Introduction

Under the Hindu Succession Act, 1956, the inheritance rights of paternal grandparents are defined under entry V of the Class-II category. These rights determine how property is shared between the paternal grandparents in the absence of closer heirs.

Inheritance Rights of Paternal Grandparents

General Rule:

• The fifth entry in the Class-II category specifies the father’s father (paternal grandfather) and the father’s mother (paternal grandmother) as heirs.
• Both paternal grandparents inherit the property together and in equal shares.

Exclusions:

• The expressions “father’s father” and “father’s mother” do not include step-grandparents.
• Grandparents are excluded if either the intestate or his father was an illegitimate child or the offspring of a void or voidable marriage that was subsequently annulled.

Irrelevant Factors:

• The remarriage of the paternal grandmother does not affect her inheritance rights.
• The unchastity of the paternal grandmother is also of no consequence to her inheritance rights.

Conclusion

The inheritance rights of paternal grandparents under the Hindu Succession Act, 1956, ensure that both the paternal grandfather and grandmother inherit together and equally. Certain exclusions apply, particularly in cases of illegitimacy or voidable marriages, but remarriage and unchastity do not impact their rights. This structured approach ensures fairness and clarity in the distribution of property to paternal grandparents.

Question: What are the inheritance rights of the father’s widow and the brother’s widow under the Hindu Succession Act, 1956?

Answer:

Introduction

Under the Hindu Succession Act, 1956, the inheritance rights of the father’s widow and the brother’s widow are defined under entry VI of the Class-II category. These rights detail how property is shared between these widows in the absence of closer heirs.

Inheritance Rights of the Father’s Widow and the Brother’s Widow

Father’s Widow

Definition:

• The term ‘father’s widow’ includes the widow of the deceased father of the intestate who was not the intestate’s mother (the mother is a Class-I heir).
• The widow must have been married to the father in a valid marriage that ended by the father’s death, not by divorce.

Exclusions:

• The term does not cover step-mothers who were divorced from the father before his death.
• The widow’s unchastity is immaterial to her inheritance rights.
• If she remarries before the death of the intestate, she ceases to be the father’s widow and loses her inheritance rights.

Inheritance Rights:

• The father’s widow inherits equally with the brother’s widow, taking an equal share of the property.

Brother’s Widow

Definition:

• A ‘brother’s widow’ is the widow of the intestate’s brother. This includes the widow of a full-blood or a half-blood brother, but not a uterine brother.

Exclusions:

• The marriage must have been valid and terminated by the brother’s death, not by divorce.
• If the brother’s widow remarries before the death of the intestate, she loses her inheritance rights.

Inheritance Rights:

• The brother’s widow inherits equally with the father’s widow, taking an equal share of the property.

Conclusion

The Hindu Succession Act, 1956, provides clear guidelines for the inheritance rights of the father’s widow and the brother’s widow under Class-II heirs. The father’s widow and the brother’s widow inherit equally in the absence of closer heirs, provided their marriages were valid and ended by the husband’s death. Remarriage before the death of the intestate nullifies their inheritance rights, while unchastity does not affect these rights.

Question: What are the inheritance rights of the father’s brother and sister, maternal grandparents, and maternal uncles and aunts under the Hindu Succession Act, 1956?

Answer:

Introduction

Under the Hindu Succession Act, 1956, the inheritance rights for certain extended family members such as the father’s brother and sister, maternal grandparents, and maternal uncles and aunts are specified in the Class-II heir category. These rights are applied in the absence of nearer heirs.

Inheritance Rights

Father’s Brother and Sister

Definition:

• This category includes the full-blood or half-blood brother and sister of the intestate’s father.

Rules:

• Full-blood siblings exclude half-blood siblings.
• Uterine paternal uncle and aunt are excluded from this category.

Inheritance Rights:

• Each of the eligible uncles and aunts inherits an equal share of the property.

Maternal Grandparents

Definition:

• Maternal grandparents must be related to the intestate by legitimate blood.

Rules:

• They inherit together and equally.
• The maternal grandparents do not include step-grandparents.
• Their marriage and the marriage of their daughter (the intestate’s mother) should not have been void or voidable and subsequently annulled.

Comparison:

• Maternal grandparents are placed at an inferior position compared to paternal grandparents.

Inheritance Rights:

• They share the inheritance equally.

Maternal Uncles and Aunts

Definition:

• Maternal uncles and aunts include the mother’s full-blood or half-blood brothers and sisters.

Rules:

• Full-blood maternal uncles and aunts exclude those related by half-blood.
• Uterine siblings of the mother are excluded.
• They inherit only when none of the Class-I or higher priority Class-II heirs is present.

Inheritance Rights:

• If eligible, each maternal uncle and aunt shares the inheritance equally.

Conclusion

Under the Hindu Succession Act, 1956, the father’s brother and sister, maternal grandparents, and maternal uncles and aunts have defined inheritance rights as Class-II heirs. These rights prioritize full-blood relationships and exclude uterine siblings. The paternal relations generally have a preferential position over maternal relations in terms of inheritance rights. The Act provides a structured approach ensuring fair distribution of property among these extended family members in the absence of closer heirs.

Question: Who are the Class-III Heirs (Agnates) under the Hindu Succession Act, 1956, and what are the rules of preference among them?

Answer:

Introduction

The Hindu Succession Act, 1956, categorizes heirs into various classes for the purpose of inheritance. Class-III heirs, also known as agnates, are considered for inheritance only when no Class-I or Class-II heirs are present.

Definition of Agnates

Agnate: An agnate is any person related to the intestate solely through male relatives. The agnate themselves can be either male or female, but the chain of relationship must be through males.

Types of Agnates

1. Direct Ascendants: Relatives in the direct upward line (e.g., paternal great-grandfather).
2. Direct Descendants: Relatives in the direct downward line (e.g., great-great-grandson).
3. Collaterals: Relatives who share a common ancestor but are not in a direct line (e.g., grandson of the paternal grandfather’s brother).

Illustration

Example: If a male Hindu A dies leaving behind a paternal great-grandfather (FFF), a great-great-grandson (SSSS), and a grandson of his paternal grandfather’s brother (BrSS):

• SSSS is a descendant agnate.
• FFF is an ascendant agnate.
• BrSS is a collateral agnate.

Rules of Preference Among Agnates

When determining the inheritance rights among agnates, specific rules of preference are followed:

1. Generation as Degree: Each generation counts as one degree.
2. Starting Point: The intestate is the starting or first degree.
3. Ascent and Descent: Degrees of relationship are counted in terms of ascent (upwards) and descent (downwards).
4. Separate Consideration: Ascent and descent degrees are considered separately, not cumulatively.
5. Descent Preference: An agnate with only descent degrees is preferred over one with only ascent degrees.
6. Fewer Ascent Degrees: If two agnates have both ascent and descent degrees, the agnate with fewer ascent degrees is preferred.

Illustration of Rules

1. Descendant Agnate (SSSS):

• Has five degrees of descent and no ascent degrees.
• Preferred over an ascendant agnate if both are present.

2. Ascendant Agnate (FFF):

• Has four degrees of ascent.
• If both FFF and SSSS are present, SSSS inherits because fewer ascent degrees are preferred.

3. Collateral Agnates (BrS and FBrSS):

• BrS (father’s brother’s son) has three degrees of ascent and two of descent.
• FBrSS (father’s father’s father’s son’s son’s son) has four degrees of ascent and three of descent.
• BrS inherits over FBrSS due to having fewer degrees of ascent.

4. Ascendant vs. Collateral:

• FFF (ascendant) will inherit over BrS (collateral) as ascendant agnates are preferred over collateral agnates.

Conclusion

Class-III heirs (agnates) under the Hindu Succession Act, 1956, inherit in the absence of Class-I and Class-II heirs. Agnates can be ascendants, descendants, or collaterals. Preference is given based on the degrees of ascent and descent, with a preference for those with fewer ascent degrees and those in the direct descent line. The structured approach ensures a fair distribution of the property among agnates.

Question: Who are the Class-IV Heirs (Cognates) under the Hindu Succession Act, 1956, and what are the rules of preference among them?

Answer:

Introduction

The Hindu Succession Act, 1956, specifies different categories of heirs for inheritance purposes. Cognates fall under Class-IV heirs and inherit only when none of the Class-I, Class-II, and agnate heirs are present.

Definition of Cognates

Cognate: A cognate is any relative of the intestate who is related through a chain of mixed relatives in terms of sex. The chain is not exclusively male; it becomes cognatic if even a single female intervenes.

Examples and Distinction

1. Paternal Aunt’s Son:

• A cognate because the paternal aunt (a female) intervenes in the chain of relationship.
• Illustration: An intestate’s paternal aunt’s son is his cognate.

2. Paternal Uncle’s Daughter:

• An agnate because the chain involves male relatives only.
• Illustration: An intestate’s paternal uncle’s daughter is his agnate.

Rules of Preference Among Cognates

The rules for calculating degrees and establishing the order of preference among cognates are the same as those for agnates. However, cognates inherit only when no Class-I, Class-II, or agnate heirs are present. The patriarchal preference evident in the Act favors relations through males over those through females, impacting the inheritance rights of cognates.

Order of Preference:

1. Degree Calculation:

• Degrees of ascent and descent are calculated separately, not cumulatively.
• The starting point is the intestate.

2. Ascent vs. Descent:

• A cognate with fewer degrees of ascent is preferred.
• Descent degrees are preferred over ascent degrees.

3. Remoter Agnates vs. Nearer Cognates:

• Remoter agnates are preferred over nearer cognates.

Illustration of Rules

Example: If a male Hindu A dies and is survived by:

• His paternal aunt’s son (S)
• His father’s paternal grandfather’s grandson’s grandson (S4) with 4 degrees of ascent and 4 degrees of descent.

Despite S4 having multiple degrees, he will be preferred over S, as S4 is an agnate, whereas S is a cognate.

Conclusion

Cognates, as Class-IV heirs under the Hindu Succession Act, inherit only when no Class-I, Class-II, or agnate heirs are present. They are relatives linked through a mixed chain of male and female relatives. The rules of preference among cognates align with those for agnates but emphasize the patriarchal preference for male lineage. If no heirs from Class-I, Class-II, agnates, or cognates are present, the property of the intestate passes to the government under the doctrine of escheat.