A Hindu by name Ramu died leaving behind his wife W two sons S1 and S2, two Daughters D1 and D2 father and mother. At the time of his death he left the property Rs. 1.2 lakhs as self acquired property. Distribute.

Issue:

1. Whether W, S1, S2, D1, D2, M are Class-I heirs? YES

2. Whether Father is a Class-I heir? NO

3. Whether all heirs of A inherit the property? NO

Rule:

Section 8 of the Hindu Succession Act, 1956: General Rules of succession in the case of males

Section 9 of the Act: Order of succession

Section 10 of the Act: Distribution among heirs in Class I

Application:

This problem is related to the Succession of property of a Hindu male. Section 8 to 13 of the Hindu Succession when a Hindu male dies intestate. Section 8 lays down certain rules of succession of property of a Hindu male who dies intestate after the commencement of the Act. These rules are to be read along with the Schedule as well as other sections pertaining to the same. According to section 8 the property of a male Hindu dying intestate shall devolve as below: General Rules of succession in the case of males. The property of a male Hindu dying intestate shall devolve:

a) Firstly, upon the heirs, being the relatives specified in class I of the schedule

b) Secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule

c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

d) Lastly, if there is no agnate, then upon the cognates of the deceased.

According to section 9 the persons in Class I shall take simultaneously and the exclusion of all other heirs, those in the first entry in Class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry.

According to Section 10, the property of an intestate shall be divided among the heirs in Class I

Conclusion:

In the instant problem, on the death of Ramu, his wife, two sons and daughters and mother shall inherit the property equally since they are Class-I heirs. Father is excluded from succesion since he is a Class-II heir. The property will be divided among the wife, two sons, two daughters and mother Rs. 25,000/- each.