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Class I and Class II Heirs — Schedule to HSA

Topic 56 | Module 5: HSA, 1956 | The Legal Bridge

For Judicial Service Aspirants: RJS | DJS | PCS-J | HJS | APO

Comprehensive Study Notes with Landmark Case Laws, Mnemonics & Exam Tips

Class I and Class II Heirs — The Schedule to HSA

Relevant Provisions: Schedule to Hindu Succession Act, 1956 (as amended 2005) | Sections 8-13 HSA

Priority: HIGHEST | Exam Relevance: RJS / DJS / PCS-J / HJS (MUST MEMORISE)

1. Introduction

The SCHEDULE to the Hindu Succession Act, 1956 contains the lists of heirs who inherit when a Hindu MALE dies intestate (without a will). These heirs are organised into CLASS I and CLASS II, in a strict order of priority. Class I heirs EXCLUDE Class II heirs entirely — if even one Class I heir survives, no Class II heir gets anything. Class II heirs inherit ONLY when there are NO Class I heirs. Beyond Class II, property passes to agnates, then cognates, and finally to the government by escheat (S.29).

The Schedule was significantly amended by the 2005 Amendment, which added FOUR new entries to Class I reflecting the daughter's coparcenary rights. The post-2005 Class I list has 12 entries (up from the original 9). MEMORISING the Class I list is ABSOLUTELY ESSENTIAL for any judiciary examination — it is tested in virtually every paper, both in MCQs and in computational problems.

2. CLASS I HEIRS (Post-2005 Amendment)

The 12 Class I heirs of a Hindu male dying intestate:

2.1 The Core Four

The first four entries are the PRIMARY heirs:

1. Son — always a Class I heir.
2. Daughter — always a Class I heir (coparcener post-2005).
3. Widow — always a Class I heir.
4. Mother — always a Class I heir.

2.2 The Predeceased Chains

Entries 5-12 bring in descendants and widows of PREDECEASED sons and daughters. The word 'predeceased' is crucial — these heirs inherit ONLY if their connecting link (the son or daughter) died BEFORE the intestate. If the son/daughter is alive, their children do NOT separately inherit as Class I heirs (they inherit through their living parent).

2.3 2005 Additions

The 2005 Amendment added FOUR new entries to Class I:

• Entry 7: Son of a predeceased DAUGHTER
• Entry 8: Daughter of a predeceased DAUGHTER
• Entry 11: Daughter of a predeceased son of a predeceased son
• These additions reflect the equal treatment of daughters' lines.

3. CLASS II HEIRS

Class II heirs inherit ONLY when there are NO Class I heirs. They are organised into 9 ENTRIES (not individual persons). Within each entry, heirs take simultaneously; entries are in order of priority.

3.1 Key Feature: Father in Class II

The FATHER of the deceased is a CLASS II heir (Entry I), NOT a Class I heir. This is because the father typically would not be expected to survive the son. But if he does, he inherits in priority over all other Class II heirs (but AFTER all Class I heirs).

3.2 Priority Among Class II

Heirs in an EARLIER entry exclude those in a LATER entry entirely. Within the same entry, all heirs take simultaneously and equally.

4. ORDER OF SUCCESSION BEYOND CLASS II

If no Class I or Class II heir survives:

1. Agnates: Related wholly through males. Nearer agnate excludes remoter.
2. Cognates: Related through at least one female link. Nearer cognate excludes remoter.
3. Government: S.29 — escheat. If no heir at all, property goes to government.

5. RULES OF DISTRIBUTION AMONG CLASS I HEIRS (S.10)

Section 10 HSA and Rule 1 of the Schedule:

1. Per capita for immediate heirs: Living sons, daughters, and widow take EQUAL shares.
2. Per stirpes for predeceased branches: The share that a predeceased son/daughter would have taken is divided among that branch's representatives.
3. Mother takes equal share: Mother gets a share equal to each son/daughter.
4. Widow's share: Equal to each son/daughter. If multiple widows, they share ONE widow's share among themselves.

5.1 Illustration

A dies leaving: Widow W, Son S1, Son S2, Daughter D, Mother M, and children of predeceased son S3 (S3's son GS1 and S3's daughter GD1).

• Step 1: Living heirs take per capita — W, S1, S2, D, M each get 1 share.
• Step 2: Predeceased S3's branch gets 1 share (what S3 would have got) — divided between GS1 and GD1 equally.
• Total shares = 6 (W:1, S1:1, S2:1, D:1, M:1, S3's branch:1).
• GS1 gets 1/12 (half of S3's 1/6). GD1 gets 1/12.

6. LANDMARK CASES

⚖️ Arunachala Gounder v. Ponnusamy (2022) 5 SCC 337

Ratio: Self-acquired property of issueless Hindu male dying intestate devolves on daughters as Class I heirs under HSA. Even without coparcenary context, daughters inherit as Class I.

⚖️ Gurupad Khandappa Magdum v. Hirabai (1978) 3 SCC 383

Ratio: Foundational on computation of shares. Explained per capita vs per stirpes distribution among Class I heirs.

⚖️ Danamma v. Amar (2018) 3 SCC 343

Ratio: Daughter as Class I heir AND coparcener. Gets share both through coparcenary (post-2005) and as heir.

⚖️ Bharatha Matha v. Vijaya Renganathan (2010) 11 SCC 483

Ratio: Children of void marriages (S.16 HMA) have rights only in parents' property — not wider joint family property. They are Class I heirs of their parents but cannot claim in the wider coparcenary.

⚖️ Revanasiddappa v. Mallikarjun (2011) 11 SCC 1

Ratio: Expanded rights of children of void marriages. They can inherit as Class I heirs including potentially the parent's coparcenary share.

7. IMPORTANT POINTS FOR EXAM REVISION

1. Class I: 12 entries (post-2005): Core 4: Son, Daughter, Widow, Mother. Plus 8 predeceased chains.
2. Class I excludes Class II: If even ONE Class I heir survives, no Class II heir gets anything.
3. Father is Class II (Entry I): NOT Class I. Common MCQ trap.
4. Per capita + per stirpes: Living heirs per capita; predeceased branches per stirpes.
5. Multiple widows: Share ONE widow's portion among themselves.
6. 2005 additions: 4 new entries — children of predeceased daughters.
7. Beyond Class I/II: Agnates → cognates → government (escheat S.29).
8. Class II: 9 entries: Earlier entry excludes later. Within entry, simultaneous.

🧠 MNEMONIC: Class I Core 4 — 'SDWM'

Son, Daughter, Widow, Mother. The PRIMARY heirs. Then add predeceased son chains (5,6,9,10,12) and predeceased daughter chains (7,8,11 — added 2005).

🧠 MNEMONIC: Father = Class II Entry I

TRAP ALERT: Father is NOT a Class I heir. He is the FIRST entry in Class II. If a son dies leaving a widow and his father, the widow (Class I) takes everything. Father (Class II) gets nothing.

🎯 EXAM TIP

MUST MEMORISE Class I list. Every exam tests it. Key traps: (1) Father is Class II not I; (2) 'Predeceased' is essential — children of LIVING son do not separately inherit; (3) Multiple widows share one portion; (4) Per capita for living, per stirpes for predeceased branches; (5) 2005 added 4 new entries.

8. PRACTICE QUESTIONS

Q1: List and discuss all Class I heirs under the Schedule to HSA (post-2005). What entries were added by the 2005 Amendment?

Q2: A Hindu male dies leaving his widow, two sons, one daughter, mother, and father. Who inherits and in what shares?

Q3: Distinguish between per capita and per stirpes distribution among Class I heirs. Illustrate.

Q4: A Hindu male dies leaving only his father. Is the father a Class I or Class II heir? What share does he get?

Q5: A dies leaving: widow, one son, and children of a predeceased daughter (grandson and granddaughter). Compute shares.

Q6: Discuss the order of succession beyond Class I and Class II heirs. When does escheat apply?

Q7: A has three widows (pre-HMA marriages). He dies intestate leaving one son and the three widows. How is property distributed?