When a Hindu dies intestate (without a will), their property devolves strictly in accordance with the statutory rules of the Hindu Succession Act, 1956.
1. Devolution of Male Intestate Property (Sections 8-13)
The self-acquired and separate property of a male Hindu devolves in the following order of priority:
- Class I Heirs: Inherit simultaneously, excluding all other classes. Includes: Son, daughter, widow, mother, son/daughter of a predeceased son/daughter, etc.
- Class II Heirs: Inherit only if there are zero Class I heirs (divided into 9 entries of priority). Includes: Father (Entry I), siblings, etc.
- Agnates: Relatives connected wholly through male links.
- Cognates: Relatives connected through one or more female links.
2. Devolution of Female Intestate Property (Sections 15 & 16)
- General order: (1) Sons, daughters (including children of predeceased children) and the husband; (2) Heirs of the husband; (3) Mother and father; (4) Heirs of the father; (5) Heirs of the mother.
- Source-Based Devolution: If a female dies without children, property inherited from her parents devolves strictly back to the heirs of her father, and property inherited from her husband/father-in-law devolves back to the heirs of her husband.
3. The Historic Section 6 Amendment (2005)
📜 Landmark Case: Vineeta Sharma v. Rakesh Sharma (2020)
The Supreme Court resolved conflicting rulings to hold that Section 6 of the HSA, 1956 (as amended in 2005) grants coparcenary rights to a daughter by birth in her own right in the same manner as a son. The daughter holds the same rights and liabilities in the coparcenary property as she would have if she had been a son. Crucially, the court ruled that this right is retroactive; the father-coparcener does not need to have been alive on September 9, 2005 (the date of the amendment).