Hindu Male Dies Without a Will: Section 8 Heirs - citizen guide 2026

When a Hindu male dies without a will, his self-acquired property first goes to his Class I heirs under Section 8 of the Hindu Succession Act 1956, read with the Schedule. These heirs - son, daughter, widow and mother - inherit together and to the exclusion of everyone else.

Short on time? Jump to the “Step-by-step” section to claim your share through a legal heir certificate, succession certificate and mutation.

“Intestate” means dying without a valid will. When that happens, the law decides who inherits, not the family. For a Hindu male, the Hindu Succession Act 1956 fixes a strict order of heirs. The first and most important group is the Class I heirs listed in the Schedule to the Act.

The governing law is Section 8, Hindu Succession Act 1956, read with the Schedule that lists Class I and Class II heirs. Section 8 says the property of a Hindu male dying intestate devolves first upon the Class I heirs. They inherit simultaneously and to the exclusion of all other relatives.

Class I heirs include the son, daughter, widow and mother, plus the heirs of a pre-deceased child - for example, the children and widow of a pre-deceased son, and the children of a pre-deceased daughter. Each Class I heir takes one share. If the man left more than one widow, all the widows together take one share between them, not one each.

This law applies to Hindus, Buddhists, Jains and Sikhs. Class II heirs, agnates (relatives through the male line) and cognates (relatives through the female line) inherit only when no Class I heir survives.

Self-acquired vs ancestral property - keep these separate. Section 8 governs the man's self-acquired or separate property. Ancestral or coparcenary property is governed by Section 6 of the Hindu Succession Act 1956. Since the Hindu Succession (Amendment) Act 2005, a daughter is a coparcener by birth in her own right, with the same rights and liabilities in coparcenary property as a son. In Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1, the Supreme Court held that the daughter's right is by birth, so the father need not have been alive on 9 September 2005 for the daughter to claim coparcenary rights.

Where RTI helps. The revenue or municipal authority that maintains land and property records is a “public authority” under the RTI Act 2005. You can use an RTI application to ask for the mutation status, the current ownership record, pending file movement, and the procedure and checklist for a legal heir or succession certificate.

1. Confirm there is genuinely no will. Search the deceased's papers, bank lockers and any sub-registrar records for a registered will.
2. Decide which property is which. Mark self-acquired property (Section 8) separately from ancestral or coparcenary property (Section 6).
3. Obtain the death certificate from the local municipal body or gram panchayat.
4. Apply for a legal heir certificate (for movable benefits and most government dues) at the tahsildar or revenue office, or a succession certificate from the civil court for debts and securities.
5. File a mutation application at the revenue or municipal office to update the property records in the names of the Class I heirs.
6. If records are stuck or unclear, file an RTI application to the revenue or municipal PIO asking for the mutation status and file movement. The reply is due in 30 days.
7. If the heirs cannot agree on shares, seek a partition through a registered partition deed or a partition suit in the civil court.

• Death certificate of the deceased
• Proof of relationship of each heir (Aadhaar, ration card, birth certificate, school records)
• Identity and address proof of all heirs
• Property documents - sale deed, title deed or earlier mutation entry
• Latest property tax receipt or revenue record (khatauni, 7/12 extract or equivalent)
• Affidavit and, where required, a no-objection from other heirs
• Legal heir certificate or succession certificate, once obtained

• Treating ancestral property like self-acquired property. Section 8 covers self-acquired property; ancestral or coparcenary property follows Section 6, where daughters are coparceners by birth.
• Assuming daughters get less. Under Section 8 and the Schedule, a daughter is a Class I heir who takes one equal share, the same as a son.
• Forgetting pre-deceased children. The heirs of a pre-deceased son or daughter step into that child's place as Class I heirs.
• Giving each widow a full share. If there are several widows, the Schedule gives all of them one share together.
• Skipping Class I and jumping to brothers or nephews. Class II heirs and agnates inherit only when no Class I heir survives (Section 8).
• Treating a “legal heir certificate” and a “succession certificate” as the same paper. They serve different purposes and are issued by different authorities.

If the mutation file is stuck or the revenue record is not updated, an RTI application often unblocks it. The revenue or municipal authority is a public authority, so it must reply within 30 days under the RTI Act 2005.

To: The Public Information Officer
[Revenue / Municipal Office, with address]

Subject: Information under the Right to Information Act 2005

Sir/Madam,

Under Section 6(1) of the RTI Act 2005, please provide:

1. The current mutation status of property bearing
   [property / khasra / plot number], including the
   present recorded owner.
2. The file movement and pendency report of mutation
   application no. [number] dated [date], with reasons
   for any delay.
3. The procedure, checklist and fee for obtaining a
   legal heir certificate / succession-related mutation
   from this office.
4. Certified copies of the latest revenue/property
   record entry for the above property.

I enclose the application fee of ₹10. I belong to the
BPL category: Yes / No.

Name:
Address:
Date:
Signature:

If you get no reply within 30 days, or an evasive one, you can file a first appeal within 30 days of that deadline.

Class I heirs under the Schedule to the Hindu Succession Act 1956 include the son, daughter, widow and mother, plus the heirs of a pre-deceased child, such as the children and widow of a pre-deceased son and the children of a pre-deceased daughter. They inherit together under Section 8.

Yes. Under Section 8 and the Schedule, a daughter is a Class I heir and takes one equal share of the father's self-acquired property, the same as a son. In ancestral or coparcenary property, the daughter is a coparcener by birth under Section 6, as confirmed in Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1.

Section 8 governs a Hindu male's self-acquired or separate property, which devolves on Class I heirs. Section 6 governs ancestral or coparcenary property, where heirs hold rights by birth. Since the 2005 amendment, daughters are coparceners by birth under Section 6.

Each Class I heir takes one equal share of the self-acquired property. If the deceased left more than one widow, all the widows together take one share, which they divide among themselves equally.

Brothers, nephews and other Class II heirs, agnates and cognates inherit only if no Class I heir survives the deceased. As long as a son, daughter, widow or mother is alive, Class I heirs inherit to the exclusion of all others under Section 8.

A legal heir certificate, issued by the revenue office, is generally used for pensions, dues and many transfers. A succession certificate, issued by a civil court, is mainly for debts and securities like shares and deposits. The right document depends on the asset and the authority involved.

Yes. The revenue or municipal authority is a public authority under the RTI Act 2005. You can file an RTI asking for the mutation status, file movement, and the legal heir certificate procedure. The reply is due within 30 days, and silence lets you file a first appeal.

• Hindu Succession Act 1956, Section 8 and the Schedule - https://www.indiacode.nic.in
• Hindu Succession Act 1956, Section 6 (coparcenary), as amended in 2005 - https://www.indiacode.nic.in
• Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1 - https://www.sci.gov.in
• Right to Information Act 2005 - https://www.indiacode.nic.in

• Draft your RTI for mutation or property records
• File a first appeal if the office stays silent
• Record your RTI request with AwaazRTI
• Read the RTI Act 2005 in plain language
• The RTI Playbook