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Legal Heir & Succession Basics

Who inherits when a person dies without a will (intestate)? This guide covers the Hindu Succession Act, 1956 — the order of heirs and how shares are divided. (Muslim, Christian and Parsi succession follow separate laws.)

Male Hindu dies intestate
How shares divide

Class I heirs — inherit first, together

On a Hindu male's intestate death, Class I heirs inherit simultaneously, to the exclusion of everyone else (Sections 8–9). Only if there are no Class I heirs does the estate move to Class II.

Widow

The wife takes one share. Multiple widows together take one share.

Sons & Daughters

Each takes an equal one share. Daughters inherit equally with sons.

Mother

The mother takes one share. (The father is a Class II heir, not Class I.)

Heirs of a pre-deceased son / daughter

The widow & children of a pre-deceased son, and children of a pre-deceased daughter, take the share their parent would have taken.

If no Class I heir: the estate goes to Class II heirs (father, then siblings, grandparents, etc., in a set order), then to agnates, then cognates, and finally escheats to the government only if no heir exists.

Daughters' equal rights (2005 amendment)

Since the Hindu Succession (Amendment) Act, 2005, a daughter is a coparcener by birth in ancestral property, with the same rights and liabilities as a son — including the right to seek partition and to be Karta.

Vineeta Sharma v. Rakesh Sharma (2020): a daughter's coparcenary right exists by birth and applies regardless of when she was born or whether the father was alive on 9 September 2005. Marriage does not affect it.
Ancestral vs self-acquired: Section 6 (coparcenary rights) applies to ancestral property. For self-acquired property with no will, the property devolves by intestate succession under Section 8 — where sons and daughters already inherit equally as Class I heirs.
Informational guide, not legal advice. This covers Hindu intestate succession only and simplifies a complex area (HUF, notional partition, agricultural land, and state variations can change outcomes). Muslim, Christian and Parsi succession are governed by their own laws. Always consult an advocate. Source: Hindu Succession Act 1956 (as amended 2005); Supreme Court judgments cited.