Case: Distribution of Property of Deceased Hindu Male

Facts in Issue:

1. ‘A’, a male Hindu, died intestate, leaving behind his mother, father, a son, a daughter, and a daughter of a predeceased son.

Issues in the Case:

• How should the property of ‘A’ be distributed among his surviving heirs according to the Hindu Succession Act, 1956?

Principle:

• When a Hindu male dies intestate, the property devolves as per the provisions of the Hindu Succession Act, 1956.
• The property devolves first to Class I heirs, then to Class II heirs, followed by Agnates and Cognates if no Class I or Class II heirs are present.

Judgement:

• In the given scenario, ‘A’ leaves behind the following heirs:
  1. Mother – Class I heir
  2. Father – Class II heir
  3. Son – Class I heir
  4. Daughter – Class I heir
  5. Daughter of a predeceased son – Class I heir
• As per the Hindu Succession Act, Class I heirs take precedence over Class II heirs.
• Therefore, the property would be divided equally among the Class I heirs: mother, son, daughter, and daughter of the predeceased son.
• The father, being a Class II heir, is excluded as there are surviving Class I heirs.
• The property would be divided into four equal shares and distributed as follows:
  • Mother: 1 share
  • Daughter: 1 share
  • Son: 1 share
  • Daughter of the predeceased son: 1 share
• Each heir receives one share of the property.

Based on the principles outlined in the Hindu Succession Act, the property of ‘A’ would be distributed among his surviving Class I heirs, excluding the Class II heir, according to the shares specified above.