[“Documents required for Legal heirs certificate”]
• Death certificate of deceased/owner of the property
• Identity Proof of deceased and applicant.
• Residence Proof of deceased and applicant.
• Ownership proof of property.
• Two passport size photographs of applicants and deceased.

[“General rules of succession in the case of males.”]
General rules of succession in the case of males. The property of a male Hindu dyingintestate shall devolve according to the provisions of this Chapter :-
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule .
HEIRS IN CLASS I
Class I
Son; daughter; widow ; mother; son of a pre-deceased son; daughter of a predeceased
son ; son of a pre-deceased daughter ; daughter of a pre-deceased daughter;
widow of a pre-deceased son; son of a predeceased son of a pre-deceased son ; daughter
of a pre- deceased son of a pre-deceased son; widow of a pre-deceased son of a predeceased
son.
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives
specified in class II of the Schedule ;
HEIRS IN CLASS II
Class II
I. Father.
II. (1) Son’s daughter’s son, (2). son’s daughter’s daughter,
(3) brother, (4) sister.
III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter,
(3) daughter’sdaughter’s son, (4) daughter’s daughter’s daughter.
IV. (1) Brother’s son, (2) sister’s son, (3) brother’s2
daughter
(4) sister’s daughter.
V. Father’s father ; father’s mother.
VI. Father’s widow; brother’s widow.
VII. Father’s brother ; father’s sister.
VIII. Mother’s father; mother’s mother.
IX. Mother’s brother ; mother’s sister.

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the
deceased ; and
(a) ” agnate “-one person is said to be an ” agnate ” of another if the two are related
by blood or adoption wholly through males ;
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
(c) ” cognate “-one person is said to be a ” cognate ” of another if the two are related
by blood or adoption but not wholly through males;

Order of succession among heirs in the Schedule.
Order of succession among heirs in the Schedule. Among the heirs specified in theSchedule, those in class I shall take simultaneously and to the exclusion of all otherheirs ; those in the first entry in class II shall be preferred to those in the second entry ; thosein the second entry shall be preferred to those in the third entry ; and so on in succession.

Distribution of property among heirs in class II of the Schedule.Distribution of property among heirs in class I of the Schedule. The property ofan intestate shall be divided among the heirs in class I of the Schedule in accordance withthe following rules:-
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widowstogether, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall eachtake one share.
Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceaseddaughter of the intestate shall take between them one share.
Rule 4.-The distribution of the share referred to in Rule 3–
(i) among the heirs in the branch of the pre-deceaseson shall be so made that his widow (or widowstogether), and the surviving sons and daughters getequal portions ; and the branch of his pre-deceased sonsgets the same portion;
(ii) among the heirs in the branch of the pre-deceaseddaughter shall be so made that the surviving sons anddaughters get equal portions.
Distribution of property among heirs in class II of the Schedule. The property ofan intestate shall be divided between the heirs specified in any one entry in class II of theSchedule so that they, share equally.
Order of succession among agnets and cognates.
Order of succession among agnets and cognates. The order of succession amongagnates or cognates, as the case may be, shall be determined in accordance with the rulesof preference laid down hereunder:-
Rule 1.-Of two heirs, the one who has fewer or no degrees of ascent is preferred.
Rule 2.-Where the number of degrees of ascent is the same or none, that heir ispreferred who has fewer or no degrees of descent.
Rule 3.-Where neither heir is entitled to be preferred to the other under Rule 1 or
Rule 2 they take simultaneously.
Computation of degrees.
Computation of degrees. (1) For the purposes of determining the order of successionamong agnates or cognates, relationship shall be reckoned from the intestate to the heir interms of degrees of ascent or degrees of descent or both, as the case may be.
(2) Degrees of ascent and degrees of descent shall be computed inclusive of theintestate.
(3) Every generation constitutes a degree either ascending or descending.
Property of a female Hindu to be her absolute property.
Property of a female Hindu to be her absolute property. (1)Any property possessed bya female Hindu, whether acquired before or after the commencement of this Act, shall beheld by her as full owner thereof and not as a limited owner.
Explanation.-In this sub-section, ” property ” includes both movable and immovableproperty acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu ofmaintenance or arrears of maintenance, or by gift from any person, whether a relative ornot, before, at or after her marriage, or by her own skill or exertion, or by purchase or byprescription, or in any other manner whatsoever, and also any such property held by her asstridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any pro- perty acquired by way ofgift or under a will or any other instrument or under a decree or order of a civil court orunder an award where the terms of the gift, will or other instrument or the decree, order oraward prescribe a restricted estate in such property.
General rules of succession in the case of female Hindus.
General rules of succession in the case of female Hindus. (1) The property of afemale Hindu dying intestate shall devolveacOrder of succession and manner of distribution among heirs of a female Hindu.
Order of succession and manner of distribution among heirs of a female Hindu. Theorder of succession among the heirs referred to in section 15 shall be, and the distributionof the intestate’s property among those heirs shall take place according to the followingrules, namely:-
Rule 1.-Among the heirs specified in sub-section (1) of section 15, those in one entryshall be preferred to those in any succeeding entry, and those included in the same entry shalltake simultaneously.
Rule 2.-If any son or daughter of the intestate had pre-deceased the intestate leaving hisor her own children alive at the time of the intestate’s death, the children of such son ordaughter shall take between them the share which such son or daughter would have taken ifliving at the intestate’s death.
Rule 3.-The devolution of the property of the intestate on the heirs referred to in clauses(b), (d) and (e) of sub-section. (1) and in sub-section (2) of section 15 shall be in the sameorder and according to the same rules as would have applied if the property had been thefather’s or the mother’s or the husband’s as the case may be, and such person had diedintestate in respect thereof immediately after the intestate’s death.
17. Special provisions respecting persons governed by marumakkattayamandatiyasantana laws.
17.Special provisions respecting persons governed by marumakkattayam andatiyasantana laws. The provisions of sections 8, 10, 15 and 23 shall have effect in relation topersons who would have been governed by the marumakkattayam law or aliyasantana law ifthis Act had not been passed as if-(i) for sub-clauses (c) and (d) of section 8, the following hadbeen substituted, namely :-
“(c) thirdly, if there is no heir of any of the twoclasses, then upon his relatives, whether agnates orcognates.”
(ii) for clauses (a) to (e) of sub-section (1) ofsection 15, the following had been substituted, namely :-
“(a) firstly, upon the sons and daughter (including thechildren of any predeceased son or daughter) and the mother ;
(b) secondly, upon the father and the husband
(c) thirdly, upon the heirs of the mother ;
(d) fourthly, upon the heirs of the father ; andCollected by the All India Christian Council, www.christiancouncil.in Page 9 of 12
(e) lastly, upon the heirs of the husband.”
(iii) clause (a) of sub-section (2) of section 15 had beenomitted ;
(iv) section 23 had been omitted.
General provisions relating to succession
18. Full blood preferred to half blood.
18.Full blood preferred to half blood. Heirs related to an intestate by full blood shallbe preferred to heirs related by half blood, if the nature of the relationship is the same in
every other respect.
19. Mode of succession of two or more heirs.
19.Mode of succession of two or more heirs. If two or more heirssucceed together to the property of an intestate, they shall take theproperty,-
(a) save as otherwise expressly provided in this Act, per capita and not per stirpesand
(b) as tenants-in-common and not as joint tenants.
20. Right of child in womb.
20.Right of child in womb. A child who was in the womb at the time of the death of an
intestate and who is subsequently born alive shall have the same right to inherit to the
intestate as if he or she had been born before the death of the intestate, and the inheritance
shall be deemed to vest in such a case with effect from the date of the death of the intestate.
21. Presumption in cases of simultaneous deaths.
21.Presumption in cases of simultaneous deaths. Where two personshave died in circumstances rendering it uncertain whether either ofthem, and if so which, survived the other, then, for all purposesaffecting succession to property, it shall be presumed, until thecontrary is proved, that the younger survived the elder.
22. Preferential right to acquire property in certain cases.
22 Preferential right to acquire property in certain cases. (1) Where, after thecommencement of this Act, an interest in any immovable property of an intestate, or inany business carried on by him or her, whether solely or in conjunction with others,devolves upon two or more heirs specified in class I of the Schedule, and any one of suchheirs proposes to transfer his or her interest in the property or business, the other heirs shallhave a preferential right to acquire the interest proposed to be transferred.
(2)The consideration for which any interest in the property of the deceased may betransferred under this section shall, in the absence of any agreement between the parties,be determined by the court on application being made to it in this behalf, and if anyCollected by the All India Christian Council, www.christiancouncil.in Page 10 of 12person proposing to acquire the interest is not willing to acquire it for the consideration sodetermined, such person shall be liable to pay all costs of or incident to the application.
(3)If there are two or more heirs specified in class I of the Schedule proposing toacquire any interest under this section, that heir who offers the highest consideration for thetransfer shall be preferred.
Explanation.-In this section, ” court ” means the court within the limits of whosejurisdiction the immovable property is situate or the business is carried on, and includes anyother court which the State Government may, by notification in the Official Gazette, specifyin this behalf.
23. Special provision respecting dwelling- houses.
23.Special provision respecting dwelling- houses. Where a Hindu intestate has leftsurviving him or her both male and female heirs specified in class I of the Schedule and hisor her property includes a dwelling-house wholly occupied by members of his or herfamily, then, notwithstanding anything contained in this Act, the right of any such femaleheir to claim partition of the dwelling-house shall not arise until the male heirs choose todivide their respective shares therein ; but the female heir shall be entitled to a right ofresidence therein:
Provided that where such female heir is a daughter, she shall be entitled to a right ofresidence in the dwelling-house only if she is unmarried or has been deserted by or hasseparated from her husband or is a widow.
24. Certain windows re-marrying may not inherit as windows.
24.Certain windows re-marrying may not inherit as windows. Any heir who is relatedto an intestate as the widow of a pre-deceased son, the widow of a pre-deceased son of apre-deceased son or the widow of a brother shall not be entitled to succeed to the propertyof the intestate as such widow, if on the date the succession opens, she has re-married.
25. Murderer disqualified.
25.Murderer disqualified. A person who commits murder or abets the commission ofmurder shall be disqualified from inheriting the property of the person murdered, or anyother property in furtherance of the succession to which he or she committed or abettedthe commission of the murder.
26. Converts descendants disqualified.
26.Converts descendants disqualified. Where, before or after the commencement of thisAct, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, childrenborn to him or her after such conversion and their descendants shall be disqualified frominheriting the property of any of their Hindu relatives, unless such children or descendantsare Hindus at the time when the succession opens.
27. Succession when heir disqualified.
27.Succession when heir disqualified. If any person isdisqualified from inheriting any property under this Act, it shalldevolve as if such person had died before the intestate.
28. Disease, defect, etc., not disqualifiedCollected by the All India Christian Council, www.christiancouncil.in Page 11 of 12
28.Disease, defect, etc., not to disqualify No person shall be disqualified fromsucceeding to any property on the ground of any disease, defect or deformity, or save asprovided in this Act, on any other ground whatsoever.
Escheat
29. Failure of heirs.
29.Failure of heirs. If an intestate has left no heir qualified to succeed to his or herproperty in accordance with the provisions of this Act, such property shall devolve on theGovernment; and the Government shall take the property subject to all the obligations andliabilities to which an heir would have been subject.
CHAPTER III