General rules of succession in the case of males
Section 8 of the Hindu Succession Act, 1956 deals with general rules of succession in the case of males. The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:-- (a) firstly, upon the heirs, being the relatives specified in class I of the Schedule; The Act came into force on 17 Jun 1956.
The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:--
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
Section 8, The Hindu Succession Act, 1956 (Act 30 of 1956).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Uttam vs Saubhag Singh
Court's Decision & Legal Precedent
After a male Hindu coparcener dies leaving a Class I heir (specified in the Schedule to the Hindu Succession Act, 1956), the application of the proviso to Section 6 and Section 8 results in the devolution of his interest in ancestral joint family property among his heirs as tenants-in-common and not as joint tenants. Upon such devolution, the ancestral property ceases to be joint family property in the hands of the heirs, and consequently, a person born after such devolution cannot claim a birth right to partition the property as a coparcener. The Hindu Succession Act, 1956, through Section 4's non obstante clause and Section 8's express language, overrides the pre-existing Hindu Law to the extent it recognized birth rights in joint family property, and this is reflected in the Schedule's deliberate designation of heirs and exclusion of grandsons when the son is alive.
On this section: General rules of succession for males dying intestate - property devolves first to Class I heirs, then Class II, then agnates, then cognates. The schedule specifies that Class I heirs include son, widow, mother, and son of predeceased son, but explicitly excludes grandson (son of a living son).
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G. Sekar vs Geetha
Court's Decision & Legal Precedent
The omission of Section 23 of the Hindu Succession Act 1956 by the Hindu Succession Amendment Act 2005 removes the statutory bar on female heirs' right to claim partition of dwelling houses in suits pending at the time of amendment. Although the amendment operates prospectively, its application to pending proceedings is permissible because Section 23 is merely a disabling provision restricting the right to partition by metes and bounds. A restriction imposed on a right cannot be equated with a vested right under Section 6 General Clauses Act. The absolute right of daughters to equal shares under Section 8 is not divested merely because the restriction in obtaining partition decree is removed by the amendment. Female heirs' statutory right to equal shares (1/5th each) devolved upon them upon the intestate death of the father in 1996 by operation of statute and cannot be taken away. The Parliament intended to achieve removal of discrimination not only in coparcenary property rights but also in self-acquired property partition rights of dwelling houses.
On this section: General rules of succession in case of males - daughters are Class I heirs entitled to equal shares with sons of deceased Hindu dying intestate
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Krishna Kumar Birla vs Rajendra Singh Lodha
Court's Decision & Legal Precedent
To sustain a caveat, a caveatable interest must be shown. The test required to be applied is: does the claim of grant of probate prejudice the caveator's right because it defeats some other line of succession in terms whereof the caveator asserts his right. A fundamental characteristic of probate proceedings is that whatever would be the interest of the testator, the same must be accepted and the rules laid down must be followed. Consequently, any person questioning the existence of title in respect of the estate or the capacity of the testator to dispose of the property by will on grounds outside the law of succession would be a stranger to the probate proceeding, inasmuch as none of such rights can effectively be adjudicated therein. A caveatable interest is an interest in the estate of the deceased to which the caveator would otherwise be entitled, subject to having a special interest therein. After coming into force of the Hindu Succession Act, 1956, the concept of reversioner, agnate, and cognate interest in succession has been fundamentally altered. Only heirs specified in Classes I and II under the Act can claim succession. Distant relatives, family members, and executors of an earlier unprobated will do not have caveatable interest in the estate unless they are named as beneficiaries or have direct stake in the distribution. The existence of mutual wills or filing of suit to enforce mutual wills does not create caveatable interest in the original probate proceedings; such enforcement is remedy in equity through specific performance, not in probate court. A later will, even if in breach of mutual will agreement, is valid and probatable as probate court is concerned only with last will of testator.
On this section: Provides classes of heirs including wife, children, parents, and siblings. Sisters of a male are Class II heirs and succeed to his property. Caveatable interest post-Hindu Succession Act limited to persons who are heirs under the Act.
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Vellikannu vs R. Singaperumal
Court's Decision & Legal Precedent
When a male coparcener in a Mitakshara joint family commits murder of his father (the ancestral property holder), he is absolutely disqualified from inheriting the ancestral property under Sections 25 and 27 of the Hindu Succession Act. The disqualification extends to prevent not only the murderer's own inheritance but also bars any person from claiming succession through the murderer. Consequently, the wife of the murderer cannot succeed to the estate of the murdered person by claiming status as a widow or Class I heir, as she would be claiming through a disqualified person. The murderer must be treated as non-existent for purposes of succession, and therefore cannot form the stock for fresh descent to his dependents.
On this section: Establishes hierarchy of succession for male intestates; Class I heirs are prioritized; applied to determine Vellikannu's potential status as widow in succession
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R. Mahalakshmi vs A. V. Anantharaman
Court's Decision & Legal Precedent
Where a registered deed of partition establishes that certain properties were inherited by a litigant's ancestor, all such inherited properties must be included in a partition suit, not merely those selected by the plaintiff. Courts cannot ignore documentary evidence of ancestral properties admitted in the proceedings merely because the litigant did not mention them in earlier legal notice. Where daughters marry after 25 March 1989 in Tamil Nadu, they become coparceners with equal rights to sons under Section 29A of the Hindu Succession (Amendment) Act 1989, and are entitled to equal shares at partition. Partial partition affecting only some inherited properties while excluding others shown in registered partition deeds is impermissible.
On this section: Property devolution upon heirs equally regardless of gender post-amendment
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Akkaldevi Prakash vs Eligeti Sangeetha Rani alias Bale Sangeetha Rani
Court's Decision & Legal Precedent
The propounder of a Will must remove all suspicious circumstances surrounding its execution. If forensic evidence and witness inconsistencies suggest forgery, registration alone does not validate the document.
On this section: Applied to determine the line of succession for Class-II heirs when an individual dies intestate.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 8
What have the courts held on Section 8 of the Hindu Succession Act?
Uttam vs Saubhag Singh (02 Mar 2016) is the leading judgment on this section among those set out below: General rules of succession for males dying intestate - property devolves first to Class I heirs, then Class II, then agnates, then cognates. The schedule specifies that Class I heirs include son, widow, mother, and son of predeceased son, but explicitly excludes grandson (son of a living son). Another 5 judgments on this section are set out below, 5 of them from the Supreme Court. They run from 2005 to 2016.
How do I find court cases under Section 8 of the Hindu Succession Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Hindu Succession Act 1956 8, section 8 Hindu Succession Act 1956, section 8 of the Hindu Succession Act. People searching for it also type indian succession act 8. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Uttam vs Saubhag Singh (02 Mar 2016).
What should I read with Section 8 of the Hindu Succession Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 8 of the Hindu Succession Act come into force?
Section 8 of the Hindu Succession Act, cited as Hindu Succession Act 1956 8, came into force on 17 Jun 1956, having been enacted on 17 Jun 1956. It is in force as at the date shown on this page.
Other sections of this Act
- 6. Devolution of interest in coparcenary property1528 words
- 29. Failure of heirs910 words
- 3. Definitions and interpretation635 words
- 7. Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom541 words
- 2. Application of Act293 words
- 15. General rules of succession in the case of female Hindus278 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.