legal heirs

1. CLASSES OF THE
LEGAL-HERIS
DR. PRATISHTHA YADAV

2. Class 1 Heirs
The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable
property devolves firstly upon the heirs specified in Class I which are as under:
 Sons
 Daughters
 Widow
 Mother
 Son of a pre-deceased son
 Daughter of a pre-deceased son
 Son of a pre-deceased daughter
 Daughter of a pre-deceased daughter
 Widow of a pre-deceased son
 Son of a pre-deceased son of a pre-deceased son
 Daughter of a pre-deceased son of a pre-deceased son
 Widow of a pre-deceased son of a pre-deceased son
 Son of a predeceased daughter of a predeceased daughter
 Daughter of a deceased daughter of a predeceased daughter
 Daughter of a predeceased son of a predeceased daughter
 Daughter of a predeceased daughter of predeceased son

3.  Mother
Includes Adoptive Mother, Adoptive Mother will exclude natural mother. A mother is also entitled to
inherit the property of her illegitimate son by virtue of Section 3(1)(j).
Jayalakshmi Ammal And Ors. vs T.V. Ganesa lyer (1971)The unchastity of the mother is no bar as to
her inheriting from her son. Even if she is divorced or remarried, she is entitled to inherit from her son.
 Son; daughter;
Adopted children also included, children. born out of void/voidable marriage also legitimate children
acc.To sec. 16 of Hindu marriage act, 1955
 Widow;
If there are more than one widow then they will inherit one share jointly. (widow of the dead is entitled
to inherit from ex-husband's property even if she remarries after his death)
Widow of the pre deceased son; widow of predeceased son of a predeceased son; her share
including the share of children predeceased shall be not more than the share of pre the predeceased
son.
Son/daughter of a pre-deceased son/daughter;
son/daughter of a pre- deceased son/daughter of a predeceased son/daughter
among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons
and daughters get equal portions.(Not her husband)

4. Class 2 Heirs
 The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs
specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they
share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2
heirs include:
 Father
 Sons daughter’s son
 Sons daughter’s daughter
 Brother
 Sister
 Daughters son’s son
 Daughters son’s daughter
 Daughters daughter’s son
 Daughters Daughter’s daughter
 Brothers son
 Sisters son
 Brothers daughter
 Sisters daughter
 Fathers father

5.  Fathers mother
 Fathers widow
 Brothers widow
 Fathers brother
 Fathers sister
 Mothers father
 Mothers mother
 Mothers brother
 Mothers sister