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Class II heirs

Also written Class II heir · Class II legal heirs

The second tier of heirs under the Hindu Succession Act, inherited from only when no Class I heir survives — arranged in nine entries, with an earlier entry excluding a later one.

In plain language

When a Hindu male dies intestate, Class I heirs — son, daughter, widow, mother and their branches — inherit first, together, to the exclusion of everyone else. Only if no Class I heir survives does the estate pass to Class II heirs.

Unlike Class I, where everyone takes simultaneously, Class II is arranged into nine numbered entries, and the rule is strict: those in an earlier entry take before those in a later one. Heirs within the same entry share equally.

How it works

The workbook's nine entries, in order of priority:

  1. Father
  2. Son's daughter's son; son's daughter's daughter; brother; sister
  3. Daughter's son's son; daughter's son's daughter; daughter's daughter's son; daughter's daughter's daughter
  4. Brother's son; sister's son; brother's daughter; sister's daughter
  5. Father's father; father's mother

(further entries continue down through grandparents, uncles and aunts).

Section 11 governs distribution: the heirs in one entry of the Schedule share the property equally among themselves. Section 9 sets the order: within Class II, the first entry is preferred to the second, the second to the third, and so on — so a single surviving father (entry I) takes the entire estate, excluding every sibling in entry II, even if several siblings survive.

One carried-over exclusion from Class I applies here too: references to a brother or sister do not include a brother or sister by uterine blood (same mother, different father).

A worked example

The workbook's own caselet. Mr XYZ, a Hindu, dies intestate and unmarried, survived by one brother and two sisters. No one from his family qualifies as a Class I heir.

Because siblings sit in entry II of the Class II schedule, and no one from a higher entry (entry I — a father) survives, the estate passes to Class II. Within entry II itself, all three siblings — the brother and both sisters — share equally, since they fall in the same entry.

Illustrative figure. If Mr XYZ's estate is worth Rs 90,00,000, each of the three siblings receives an equal Rs 30,00,000 share — nothing extra to the brother, and nothing less to either sister, because entry II makes no distinction by gender or birth order, only by which entry a relative falls into.

Why NISM asks about it

Chapter 14 (Basics of Estate Planning), section 14.4.2, lists the Class II heirs in full and Sections 9 and 11 on order and equal distribution within an entry; the Chapter 14.6 caselet on Mr XYZ is the worked application. Expect a question identifying which entry a named relative falls into, or applying the "earlier entry excludes later entry, same entry shares equally" rule.

Common exam traps

  • Class II applies only when there is no surviving Class I heir — check the Class I list first.
  • The father is Class II (entry I), not Class I — a frequently tested trap from the Class I side of the same schedule.
  • Earlier entry excludes later entry entirely — a single father (entry I) takes everything, excluding siblings in entry II, even if several siblings survive.
  • Heirs within the same entry share equally, regardless of gender or age.
  • Uterine (half-)siblings are excluded from both Class I and Class II references to "brother" or "sister."

Check yourself

  1. 1.What distinguishes an agnate from a cognate?

    1. a)An agnate is related by blood and a cognate by adoption
    2. b)An agnate is related wholly through males; a cognate is related by blood or adoption but not wholly through males
    3. c)An agnate is a Class I heir and a cognate a Class II heir
    4. d)An agnate is related through the mother and a cognate through the father
    Show the answer

    Answer: (b) An agnate is related wholly through males; a cognate is related by blood or adoption but not wholly through males

    A person is an AGNATE if the two are related by blood or adoption WHOLLY THROUGH MALES, and a COGNATE if related by blood or adoption BUT NOT WHOLLY THROUGH MALES. The operative word is wholly — a single female link anywhere in the chain makes the relative a cognate. Under section 8, agnates rank third and cognates last, after Class I and Class II heirs.

  2. 2.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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