Section 10 HSA: Distribution of property among heirs in class I of the Schedule

Section 10 of Hindu Succession Act: Distribution of property among heirs in class I of the Schedule

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:—

Rule 1.—The intestate's widow, or if there are more widows than one, all the widows together, shall take one share.

Rule 2.—The surviving sons and daughters and the mother of the intestate shall each take one share.

Rule 3.—The heirs in the branch of each pre-deceased son or each pre-deceased daughter 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-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his pre-deceased sons gets the same portion;

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Legal Commentary & Landmark Judgments: Section 10

Section 10 of the Hindu Succession Act, 1956 prescribes the statutory rules for the distribution of property among Class I heirs of a male Hindu.

Four Statutory Rules of Distribution: Rule 1: Intestate's widow takes one share (multiple widows take one share jointly); Rule 2: Surviving sons, daughters, and mother each take one share; Rule 3: Heirs in the branch of each predeceased son take together one share; Rule 4: Heirs in the branch of each predeceased daughter take together one share.
Per Capita Among Living Children: Every surviving son and daughter takes an independent, equal per capita share, ensuring absolute parity between male and female offspring.
Per Stirpes Representation for Predeceased Branches: Branches of predeceased children take per stirpes representation, distributing their parent's share among their own surviving children and widow.

Section 10 mathematically guarantees that a deceased male Hindu's estate is divided equally among his closest immediate family, establishing strict gender equality across Class I heirs.

Key Landmark Precedents:

Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum (1978) 3 SCC 383: The Supreme Court authoritatively held that under Section 10 read with Section 6, the share of the widow must be determined by adding her notional partition share to her inheritance share as a Class I heir under Rule 1, giving her full and equal property rights.
Rani v. Santa Bala Debnath (1970) 3 SCC 722: The Supreme Court confirmed that under Rule 1 of Section 10, multiple widows together take only one single share, which they divide equally among themselves, whereas each daughter and son takes an independent full share under Rule 2.

Legal Commentary:

Section 10 mathematically guarantees that a deceased male Hindu's estate is divided equally among his closest immediate family. While sons and daughters take full individual shares, multiple widows are treated collectively as a single unit entitled to one share. Furthermore, the mother's share is absolute and distinct, and cannot be diluted by claims of other relatives.

Section 10: Distribution of property among heirs in class I of the Schedule

Section 10 of Hindu Succession Act: Distribution of property among heirs in class I of the Schedule

Legal Commentary & Landmark Judgments: Section 10