Rules of Intestate Succession for a Hindu Male

A Hindu male’s heirs are divided into four classes: class I, class II, agnates, and cognates.

• Class I Heirs: They are the most favored heirs, consist of the mother, wife, son, daughter, and their offspring through the third generation.
• Class II Heirs: They are the father, brother, sister, and their offspring, as well as maternal and paternal uncles, aunts, grandparents, and grandmothers.
• Only in the event that there are no Class I heirs will property pass to Class II heirs.
• Property passes to agnates in the event that neither Class I nor Class II heirs survive.

Who are Agnates?

Agnates are two people who are linked to each other either by blood or adoption, only through men.

For example, If you think about a family tree, P is the oldest person we’re talking about, like a great-great-grandpa. S is his son, SS is his grandson, SSS is his great-grandson, and SSSS1 is his great-great-grandson. In this setup, SSSS1 is connected to P only through male relatives – his dad, grandpa, and great-grandpa. If none of these direct male relatives are around to inherit property, then it goes to other relatives related by blood but not necessarily just through males.

Who are Cognates?

Those who are not only linked to each other via men but are related by blood or adoption are referred to as cognates.

For example, Let’s say P is someone’s great-grandpa. F is their dad, FM is their grandma on their dad’s side, and FMF1 is their great-grandma’s dad. FMF1 is a cognate because there’s a woman (FM) in between him and P.

An individual who passes away without leaving a will is referred to as intestate, and the transfer of his assets is known as intestate succession. Under intestate succession, the assets are passed down by the legislation or customs that govern the decedent. The Indian Succession Act delineates the process for distributing an individual’s belongings in the event of an intestate death. As per the relevant personal statute, the assets acquire vested rights. There are major issues when there are several heirs since some assets are more profitable than others.

Key Takeaways

• When a person passes away without leaving a valid and legal will, they are considered intestate, and the transfer of their assets or estate is referred to as intestate succession.
• Property can be transferred through inheritance. The right of an heir to inherit property upon the death of an ancestor through a line of succession is known as inheritance.
• An heir is a person who has the legal right to inherit assets following the passing of an intestate.
• Every religion has its regulations to cover intestate succession, some religion follows the succession act, while some follow their religious scripture.