Guide
Shares under the Hindu Succession Act
Without a will, a Hindu man's property goes first to his Class I heirs, each taking an equal share.
Class I heirs, per head
When a Hindu man dies without a will, his widow, his sons, his daughters and his mother are Class I heirs, and each receives an equal share. Since the 2005 amendment, a daughter's share is equal to a son's. Several widows share a single share between them. The children of a son or daughter who died before him share their parent's part.
Examples
- A widow and three children: 1/4 each.
- His mother, his widow and one son: 1/3 each.
- Two widows, a son and a daughter: 1/6 to each widow, 1/3 to the son, 1/3 to the daughter.
The Indian Succession Act is different
The Indian Succession Act, which applies among others to Indian Christians, gives the widow a third when there are children, and the rest to the children equally. A widow and three children: 1/3 to her and 2/9 to each child.
What these rules leave out
A will changes everything. A woman's property, and the father and the brothers and sisters when there is no Class I heir, follow other rules of the Act. Have the shares checked by a lawyer before dividing.
With Batwara
In Who inherits?, choose Hindu Succession Act, tick the heirs, and Apply to the heirs. See Inheritance calculator.
