- 07-Jun-2025
- Cyber and Technology Law
In Hindu law, the division of property among Class 1 heirs is governed by the Hindu Succession Act, 1956. The Class 1 heirs are the closest relatives of the deceased and are entitled to an equal share in the property, whether the property is ancestral or self-acquired. The share each heir receives depends on the number of Class 1 heirs and the presence or absence of a will (testamentary succession) or if the deceased dies intestate (without a will).
The Class 1 heirs under the Hindu Succession Act, 1956, include the following relatives:
These heirs are entitled to an equal share of the property in the event of intestate succession (when a person dies without leaving a will). The property is divided equally among all Class 1 heirs.
When a person dies intestate (without a will), their property is divided equally among all Class 1 heirs.
Each heir in Class 1 has an equal claim to the deceased's estate, and there is no priority based on gender or relationship.
For example, if there are two sons and one wife, the property will be divided into three equal parts, with each heir receiving one-third of the total property.
Ancestral Property: Class 1 heirs have an equal right to ancestral property, as it is considered joint family property. In case of death, the ancestral property is divided equally among all Class 1 heirs.
Self-Acquired Property: If the deceased owned self-acquired property (property they acquired during their lifetime through earnings or gifts), the division among Class 1 heirs is still equal, with no discrimination based on whether the property is ancestral or self-acquired.
If there are multiple Class 1 heirs, the total share of the property is divided equally among them.
For example, if the deceased has 1 wife, 2 sons, and 1 daughter, the property will be divided into 4 equal parts. Each heir (wife, son, daughter) will get an equal share.
Let’s consider Mr. Sharma, who has a wife, 2 sons, and 1 daughter. Mr. Sharma dies intestate (without a will). His ancestral property and self-acquired property will be divided equally among the four Class 1 heirs.
Total property: ₹40,00,000
Property division:
Each Class 1 heir receives ₹10,00,000 from the total property.
Mrs. Desai passes away leaving behind a self-acquired property worth ₹30,00,000. She has 3 sons and 1 daughter. Since she died intestate, the property will be divided equally among the Class 1 heirs:
Total property: ₹30,00,000
Property division:
Each Class 1 heir will receive ₹7,50,000.
If the deceased has left behind a will, then the distribution of property will be governed by the provisions of the will, and Class 1 heirs will receive property according to the will’s instructions, rather than through intestate succession.
The will can specify how much share each Class 1 heir will receive. It is important to note that the deceased has the right to decide how to distribute their self-acquired property through the will.
In the case of ancestral property, a will cannot exclude legal heirs (Class 1 heirs) from their share, as the property belongs to the joint family and is governed by the Hindu Succession Act.
If there are disputes among Class 1 heirs about property distribution, they can approach a court for a partition suit.
A court-appointed mediator or guardian may help in dividing the property equitably if there is a family dispute.
The division of property among Class 1 heirs is governed by the Hindu Succession Act and is based on the principle of equal distribution. Whether the property is ancestral or self-acquired, all Class 1 heirs—sons, daughters, wife, mother, and father—are entitled to an equal share of the deceased’s property. This applies when the person dies intestate (without a will). In case a will exists, the property distribution will follow the instructions of the will, but the legal rights of Class 1 heirs to ancestral property cannot be overridden by the will.
Answer By Law4u Team
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