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Section 11: Distribution of property among heirs in class II of the Schedule

Hindu Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1956
Section 10 All 31 Sections The Schedule (Heirs) Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 provides the statutory rule of distribution among heirs specified in Class II of the Schedule, enacting that heirs in any one entry take simultaneously and equally to the exclusion of subsequent entries.

  • Absolute Preference of Prior Entry: Heirs in any one entry of Class II take to the absolute exclusion of all heirs specified in any subsequent entry.
  • Simultaneous & Equal Distribution: The property of an intestate is divided between the heirs specified in any one entry in Class II so that they share equally.
  • Per Capita Succession: All heirs within the same qualifying entry take per capita and not per stirpes.
Key Landmark Precedents:
  • Arunachala Gounder v. Ponnusamy (2022) 11 SCC 520: The Supreme Court held that Class II heirs inherit only in the total absence of Class I heirs; the sequential entries in Section 11 must be applied strictly in numerical order.
  • Sant Ram v. Labh Singh AIR 1965 SC 314: Affirmed that the hierarchy of entries in Class II reflects the legislature's deliberate determination of natural affection and proximity of relationship.
Courtroom Practice & Strategic Litigation Guidance:

In the absence of Class I heirs (widow, children, mother), inspect Entry I of Class II (Father). If the father is alive, he inherits the entire estate, totally excluding brothers, sisters, and nephews in Entry II under Section 11.

Section 10 All 31 Sections The Schedule (Heirs) Section 12