Hindu Succession Act,1956

Act No : 30

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Section : General rules of succession in the case of males.

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.

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Shambasiv wrote on 02 May 2009

In case the widow remarries, she would not be divested of the property inherited by her simply on account of her remarrying.-Udham Kaur v. Harbans 1983 HLR 579

Shambasiv wrote on 02 May 2009

In the case of a Hindu male governed by Mitakshara under s.8 of the Act, the property that devolves on him will be his separate property. Such a property would never amount to join family property in his hands as against his son.-Yudhishtir v. Ashok Kumar AIR 1987 SC 558

Shambasiv wrote on 02 May 2009

Where a partition of a joint family property takes place and a separate share is given to the mother, then in the case of death of one of the sons the mother would be entitled to have a share in the separate property of her son. Fact that earlier when the partition took place she was given a share would not place any bar.-Savitri v. Devaki AIR 1982 Kar. 67

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