India

I'm Hindu. Who are my legal heirs if I die without a will?

Class I heirs
Primary heirs
Equal share
Distribution rule
1956
Act year
Section 8
Intestate succession
The Short Answer

If you're a Hindu who dies without a will (intestate), your legal heirs are determined by the Hindu Succession Act, 1956 — primarily your Class I heirs (e.g., spouse, children, mother), who inherit equally.

What the Law Says

The Hindu Succession Act, 1956 governs inheritance for Hindus dying intestate. Section 8 lays down the order and manner of succession for male Hindus, prioritising Class I heirs — who take simultaneously and to the exclusion of all others.

Under the Hindu Succession Act, 1956, if a Hindu male dies without a will, his self-acquired and ancestral property devolves according to the rules in Section 8. The law recognises two categories of heirs: Class I and Class II. Class I heirs inherit first — and they do so simultaneously, meaning each gets an equal share.

Class I heirs include the deceased’s son, daughter, widow, mother, son of a pre-deceased son, daughter of a pre-deceased son, son of a pre-deceased daughter, and daughter of a pre-deceased daughter — among others listed in the Schedule to the Act.

Importantly, the widow is always a Class I heir and receives a share equal to that of a son or daughter. If there are no Class I heirs, then Class II heirs (e.g., father, brother, sister) may inherit — but only if no Class I heir survives.

Statutory Text

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter — (a) firstly, upon the heirs specified in Class I of the Schedule; (b) secondly, if there is no heir of Class I, then upon the heirs specified in Class II of the Schedule...

— Hindu Succession Act, 1956, s. 8 — Intestate succession of male Hindus

What to Do

1

Confirm whether the deceased was governed by Hindu personal law (including Sikh, Jain, Buddhist).

2

Identify all surviving Class I heirs — e.g., spouse, children (biological/adopted), mother.

3

File for legal heirship certificate at the local Tehsil or SDM office to establish succession rights.

4

If disputes arise, file a suit for partition or declaration of heirship in civil court.

5

For immovable property, update revenue records (mutation) with heirship certificate and death certificate.

Sources

statuteHindu Succession Act, 1956, s. 8 — Intestate succession of male Hindus

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.