Ramu, a Hindu male died leaving behind his wife, behind his wife, three sons, two daughters, father, mother's father and two sons of drother. He lost his acquired property. Who will succeed to his property?

Issue:

1. Whether wife, 3 sons, 2 daughters are Class-I heirs? YES

2. WhetherF, MF, 2SB are Class-I heirs? NO

3. Whether F, MF, 2SB are excluded from inheritance? YES

4. Whether Class-I heirs will succeed property? YES

Rule:

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

Sectioon 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. Sections 8 to 13 of the Hindu Succession Act, 1956 lay down the general rules as to the order of 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, Ramu's wife, three sons, two daughters are Class-I heirs and they equally inherit the property one-Sixth each. Father, mother's father and two sons of brother are not Class-I heirs. Hence they are excluded to inherit the property of Ramu.