debasis MANDAL (Govt.servant) 17 August 2009

clarification of sec.27 of HINDU SUCCESSION ACT

If a Hindu male Mr.X dies in 2009 and leaving behind no CLASS-1 heir, then whether a deceased brother 's son and daughter of Mr. X are eligible for property of the Mr. X as per Sec.27 of HINDU SUCCESSION ACT 1956,taking into consideration that Mr. X's brother died in 1988?

Reply Follow

3 Replies

KamalNayanSaxena (lawyer) 18 August 2009

"8. 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;
(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."

Anish goyal (Advocate) 18 August 2009

Debasis sir your question is not clear. Please clarify more. Section 27 will apply only if there is disqualification of heir under section 25, 26 of the act.