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F (1/3)
[S1]
(1/3x1/4 =1/12)
S2
(1/3)
D
(No Share)
W1
(1/12)
S3
(1/12)
S4
(1/12)
S1 died therefore his interest in coparcenary property is 1/12; this share will
be inherited by his wife & sons after his death. [S1 is assumed to be alive]
Class I heir (schedule I) - 12 heirs [8 females & 4 males]
F (1/4)
D
(1/4)
[S1]
(1/4x1/4 =1/16)
S2
(1/4)
(1/4)
W1
(1/16)
S3
(1/16)
S4
(1/16)
Class I heir
Deceased
Son
Daughter
Widow
[S]
[S]D
[S]W
[SS]S
[SS]D
[SS]W
[D]S
[D]D
[DD]S
[DD]D
[SD]D
[DS]D
Mother (M)
Succession of Fs Property
[GF]
S1
S2
E.g. 2:
Succession of Fs Property
W3: 1/84;
W4; 1/84
1/21
[GF]
W1
W2
W3
W4
S1
S2
[GF]
S1
E.g. 4
partition)
Succession- W: 1/4 x 1/3 = 1/12; S1: 1/4 x 1/3 =1/12; D: 1/4 x 1/3 = 1/12
[GF]
S1
Rule 2- The surviving sons and daughters and the mother of the inestate
shall take one share.
In partition between F and his son, grandmother will not be entitled to a
share.2
E.g. 1
[GF]
S1
[GF]
S1
Mother of deceased do not include step mother but she can be heir as
fathers widow under Entry of Class II.
Son includes both natural son and adopted son. [Sec 12 Hindu Adoption and
Maintenance Act, 1956]
Posthumous Child- A child of the intestate, wh was in the womb at the time
of the death of the intestate though subsequently born, is to be deemed for
the purpose of succession as if born before the death of the intestate.
[Section 20]
Illegitimate Child is not entitled to inherit the property male Hindu dying
intestate.3
Child born of a void or voidable marriage is treated as if born out of lawful
wedlock. Therefore, such child is entitled to succeed property his/her
parents. [Sec 16 of Hindu Marriage Act, 1956]
Daughter, married or unmarried, inherits simultaneously with a son and
other class I heirs.
Unchastity of a daughter is no ground for exclusion. [Sec 28]
Daughter includes an adopted daughter [Sec 7 of Hindu Adoption and
Maintenance Act, 1956]
Unchastity of a mother is no bar to her for succeeding as heir to her son.
[Jayalakshmi vs. Ganesh Iyer AIR 1972 Mad 357]
Mothers remarriage is no bar to her succeeding as heir to her son.
[Mantorabai vs. Paratanbai AIR 1972 MP 145]
Separated son- Son in class I of the schedule includes a son who had
separated from the father as well as one who had continued to remain joint
with the father.4
E.g. Succession of Fs Property
S1- Separated himself from JHF but rest of family remain joint.
Succession- W: 1/4 x = 1/16;
S2: 1/4 x 1/4 = 1/16;
3
4
[GF]
[F] (Notional
Partition- 1/4)
S2
S3
Rule 3- the heirs in the branch of each pre deceased son or each pre
deceased daughter of intestate shall take between them one share. [Doctrine
of representation]
E.g.
Succession of Fs Property
Succession- W: 1/4; heirs of S1 i.e. W1, S3 & D2- together they will take
1/4; Heirs of D1 i.e. S & D- together they will take 1/4; S2: 1/4
[F]
[S1]
S2
W1
S3
[D]
D2
a) Heirs in the branch of the pre deceased son shall be so made that his
widow (or widows together) and the surviving sons and daughters get
equal portions.
b) Heirs in the branch of the pre deceased daughter shall be so made
that surviving son and daughter get equal portions. (Husband of pre
deceased daughter will not get a share)
In case of surviving heirs in branches of pre deceased sons and pre deceased
daughter enumerated in class I property distribution is per stirpes wherein,
division is according to stocks, that is, taking into consideration the share
which pre deceased sons or daughter would themselves have taken if they
had survived the propositus.5
E.g.
Succession of Fs Property
Succession- W: 1/4; S2: 1/4; Heirs of S1- W1: 1/4 x 1/3 = 1/12,
S3: 1/4 x 1/3 = 1/12 & D2: 1/4 x 1/3= 1/12;
Heirs of D1- S4: 1/4 x 1/2 = 1/8 & D3: 1/4 x 1/2 = 1/8 (Husband of D1no share)
[F]
[S1]
S2
W1
S3
[D1]
D2
S4
D3
A widow of pre deceased son or a widow of a pre deceased son is not entitled
to succeed if, on the date the succession opens, she has remarried. [Sec 24]
In such a case a widow remarries after the succession has opened, she
cannot be divested of the property due to remarriage. [Aruna vs. Madhava
AIR 2005 Kant 422]
Section 11- Heirs specified in any one entry in class II of the schedule shall
take share equally.
Entry 1- Father
E.g. Succession of Xs property
S (sister of X)
[X]
B (Brother of
X)