Code: Section 11 – Hindu Succession Act
11. The property of an intestate shall be divided between the heirs specified in any one entry in Class II of the Schedule so that they share equally.
Explanation of Section 11 – Hindu Succession Act
Section 11 deals with the distribution of property among the Class II heirs of a Hindu male who dies intestate. The property is to be shared equally among all the heirs within any one entry in Class II of the Schedule.
Key Points:
- The heirs are classified into Class I and Class II in the Schedule. Class II includes a group of relatives who are next in line for inheritance, after the Class I heirs.
- Class II heirs inherit only when there are no Class I heirs left to inherit the property.
- The distribution of the intestate’s property in Class II is equal among all heirs within any particular entry.
Class II Heirs: These may include relatives such as:
- Father
- Brother
- Sister
- Uncles and Aunts
- Certain other kin who are related but not considered as close as those in Class I.
Illustration
Example 1:
A Hindu male dies intestate and is survived by his father, brother, and sister. These relatives belong to Class II of the Schedule.
- The property will be divided equally between the father, brother, and sister.
Example 2:
If a Hindu male dies intestate and leaves behind his mother, uncles, and aunts, then the property will be divided equally among these Class II heirs.
Common Questions and Answers on Section 11 – Hindu Succession Act
1. Who are considered Class II heirs?
- Answer: Class II heirs include the father, brother, sister, uncles, and other relatives who are next in line after the Class I heirs.
2. What happens if there are no Class I heirs?
- Answer: If there are no Class I heirs, the property will devolve on the Class II heirs according to the rules specified in the Schedule.
3. How is the property distributed among Class II heirs?
- Answer: The property is distributed equally among the heirs listed in any one entry in Class II of the Schedule.
Conclusion
Section 11 of the Hindu Succession Act establishes the method of dividing property among the Class II heirs of a deceased Hindu male. It ensures that these heirs share the property equally, provided no Class I heirs are available. This section is key in determining the rightful heirs when the more immediate heirs (such as the spouse or children) are absent.
