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Section 8 – The Hindu Succession Act, 1956

The Hindu Succession Act, 1956

 

8. General rules of succession in the case of males.-

 

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-

 

(a) firstly, upon the heirs, being the relatives specified in class 1 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.

 

(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 cognate of the deceased.

 

COMMENTS

 

Ownership of property

 

When a Hindu inherits the property from his father under section 8 he takes it as his separate property and not as joint family property vis-a-vis his sons; Commissioner of Wealth-tax v. Chander Sen, AIR 1986 SC 1752.

 

Scope

 

The property in section 8 includes agricultural land also; Tukaram Genba Jadhav v. Laxman Genba Jadhav, AIR 1994 Bom 247.

 

 

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The Hindu Succession Act, 1956

 

 

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