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Report No. 204

2. The Present Study

Section 8 of the Hindu Succession Act, 1956 (in short HSA) contains general rules of succession in case of males. Accordingly, the property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter1:-

1. Chapter II on Instestate Succession, containing section 5 to 29.

(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; 1 Chapter II on Intestate Succession, containing Sections 5 to 29.

(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.

The heirs in class I and class II in the Schedule to HSA, as amended by the Act 39 of 2005, are as follows:



Proposal to amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005 Back




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