I thought that property left intestate, with no direct heirs (children/spouse), is divided to Class II heirs.
As per information found elsewhere, including
https://www.legalservicesindia.com/article/article/succession-to-the-property-of-a-hindu-male-1002-1.html
Does this not apply to property inherited from father (and not divided prior to death)? Please resolve my confusion.
Thank you.
The property of a Hindu Male dying intestate would be given first to heirs within Class I. They are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.
Class II heirs and their shares:
If there are no heirs in Class I, the property will given to the heirs within Class II. They are divided into nine categories. The rule is that an heir in an earlier category excludes heirs in later category. Further all heirs in one category take simultaneously per capita share. They are as follows:
1] Category I -
a) Father.
2] Category II -
a) Son’s daughter’s son.
b) Son’s daughter’s daughter.
c) Brother.
d) Sister.
3] Category III -
a) Daughter’s son’s son.
b) Daughter’s son’s daughter.
c) Daughter’s daughter’s son.
d) Daughter’s daughter’s daughter.
4] Category IV -
a) Brother’s son.
b) Brother’s daughter.
c) Sister’s son.
d) Sister’s daughter.
5] Category V -
a) Father’s father.
b) Father’s mother.
6] Category VI -
a) Father’s widow. [Step mother].
b) Brother’s widow.
7] Category VII -
a) Father’s brother.
b) Father’s sister.
8] Category VIII -
a) Mother’s father.
b) Mother’s mother.
9] Category IX –
a) Mother’s brother.
b) Mother’s sister.
