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Class I heirs

Also written Class I heir · Class I legal heirs

The primary heirs of a Hindu male who dies without a will, listed in the Schedule to the Hindu Succession Act, 1956 — they inherit together and to the exclusion of all other heirs.

In plain language

When a Hindu male dies intestate — without a will — his property does not go to "the family" loosely. The Hindu Succession Act, 1956 lays down exactly who inherits and in what order, and the first and most important group is the Class I heirs.

If even one Class I heir survives, all of them take simultaneously and to the exclusion of all other heirs. Only if there is no Class I heir does property pass to Class II heirs, then to agnates, and finally to cognates.

The same Act governs intestate succession for Jains, Sikhs and Buddhists; testamentary succession for these groups falls under the Indian Succession Act, 1925.

How it works

Who they are. The Schedule lists sixteen Class I heirs: son; daughter; widow; mother; the son, daughter and widow of a pre-deceased son; the son and daughter of a pre-deceased daughter; and further descendants and widows along pre-deceased lines — the son, daughter and widow of a pre-deceased son of a pre-deceased son; the son and daughter of a pre-deceased daughter of a pre-deceased daughter; the daughter of a pre-deceased son of a pre-deceased daughter; and the daughter of a pre-deceased daughter of a pre-deceased son.

Points the workbook notes: adopted children count; children of void or voidable marriages are entitled (Section 16(3), Hindu Marriage Act); if there is more than one widow they take one share jointly; and the father is not a Class I heir — he heads Class II.

Order of succession (Section 8): Class I → Class II → agnates → cognates.

Distribution among Class I heirs (Section 10):

  • Rule 1 — the widow (or all widows together) takes one share.
  • Rule 2 — each surviving son, daughter and the mother takes one share.
  • Rule 3 — the heirs in the branch of each pre-deceased son or daughter take one share between them.
  • Rule 4 — in a pre-deceased son's branch, his widow and his surviving children take equal portions (and his own pre-deceased sons' branches the same portion); in a pre-deceased daughter's branch, her surviving children take equal portions.

For contrast: Class II heirs are in nine entries, starting with the father; within Class II an earlier entry excludes a later one, and heirs in the same entry share equally.

A worked example

Illustrative figures.

Ramesh, a Hindu, dies intestate leaving an estate of Rs 1,20,00,000. Surviving him are his widow, his mother, his father, a son and a daughter. A second son, Suresh, died earlier, leaving his widow and two children.

Step 1 — who inherits. The widow, mother, son and daughter are Class I heirs, as are Suresh's widow and children (as widow and children of a pre-deceased son). The father is not — he is Class II, and Class I heirs exclude him entirely.

Step 2 — count the shares (Section 10).

HeirRuleShares
WidowRule 11
MotherRule 21
SonRule 21
DaughterRule 21
Suresh's branchRule 31
Total5

Each share = 1,20,00,000 ÷ 5 = Rs 24,00,000.

Step 3 — divide the branch share (Rule 4). Suresh's widow and two children take equal portions of Rs 24,00,000: Rs 8,00,000 each.

The planning point. Ramesh may have wanted his aged father provided for, or his daughter-in-law to receive more. Intestate succession cannot do either. A will could — which is why the workbook lists the absence of a will, and the rigid distribution that follows, among the reasons for estate planning.

Why NISM asks about it

Chapter 14 (Basics of Estate Planning), section 14.4.2 — The Hindu Succession Act, 1956 — covering the types of heirs, the Class I and Class II lists, and Sections 8 to 13 on order and distribution; Section 15 covers succession to a Hindu female. Expect a distribution calculation with a pre-deceased child's branch, and recall questions such as "is the father a Class I heir?"

Common exam traps

  • The father is Class II, not Class I. The mother is Class I.
  • Class I heirs take simultaneously and exclude everyone else.
  • Multiple widows share one share between them.
  • A pre-deceased child's whole branch takes one share, then divides it.
  • Adopted children inherit like natural children.
  • Uterine brothers and sisters are excluded from Class I and Class II references.
  • The Act applies to intestate succession of Hindus, Jains, Sikhs and Buddhists — not to Muslims or Christians.

Check yourself

  1. 1.A Hindu dies intestate with no Class I heirs and no father, survived by a half-brother sharing his father and a uterine brother sharing his mother. Who inherits?

    1. a)Both equally, as brothers in Class II Entry II
    2. b)The half-brother alone, since uterine brothers and sisters are excluded from Class I and Class II
    3. c)The uterine brother alone, since the maternal line is preferred
    4. d)Neither, as brothers are not scheduled heirs
    Show the answer

    Answer: (b) The half-brother alone, since uterine brothers and sisters are excluded from Class I and Class II

    The workbook states that the Schedule of the Act EXCLUDES UTERINE BROTHERS AND SISTERS FROM INHERITANCE OF CLASS I OR CLASS II HEIRS, and appends a note to the Class II list that references to a brother or sister do not include references to a brother or sister by UTERINE BLOOD. A half-blood relation shares the same father, different mother and is included; a uterine relation shares the same mother, different father and is not.

Where this is taught

Free preparation for NISM Series X-B

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