Section 8 HSA: General rules of succession in the case of males

Section 8 of Hindu Succession Act: General rules of succession in the case of males

Official Bare Act Text

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

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 I 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 cognates of the deceased.

Legal Commentary & Landmark Judgments: Section 8

Section 8 of the Hindu Succession Act, 1956 establishes the general rules and priority classes of succession to the property of a male Hindu dying intestate.

Core Legal Standard: Section 8 provides the foundational statutory framework governing the devolution of the self-acquired and separate property (as well as the separated coparcenary interest) of a male Hindu dying intestate.
Operational Mechanism: Under Section 9, all Class I heirs inherit simultaneously to the total exclusion of all Class II heirs.
Procedural Rule: Under Section 10, the widow, mother, sons, and daughters each take one share.

Crucially, property inherited by a son from his father under Section 8 is held by him as his separate and individual property, and his own son does not acquire any coparcenary birthright in it.

Key Landmark Precedents:

CWT v. Chander Sen (1986) 3 SCC 567: The Supreme Court authoritatively held that property devolved upon a son under Section 8 of the Hindu Succession Act is inherited by him in his individual capacity as his separate property, and not as joint family property. His own son does not acquire any right by birth in such inherited property, displacing traditional Mitakshara doctrine.
Uttam v. Saubhag Singh (2016) 4 SCC 68: The Supreme Court reaffirmed Chander Sen, summarizing the legal position: once joint family property is partitioned or devolves under Section 8, it ceases to be coparcenary property; a grandson born after the father's succession under Section 8 cannot maintain a partition suit claiming a birthright.
Yudhishter v. Ashok Kumar (1987) 1 SCC 204: The Supreme Court reiterated that when a male Hindu inherits separate property from his father under Section 8, it becomes his absolute individual asset, which he can alienate or deal with without interference from his descendants.

Legal Commentary:

Section 8 represents a profound shift from traditional Mitakshara coparcenary to individual ownership. By establishing that inheritance under Section 8 is absolute and individual, the Supreme Court has insulated such property from birthright partition claims by grandchildren. In title due diligence and partition litigation, proving whether property devolved under Section 8 or remained undivided ancestral coparcenary under Section 6 is the decisive factor determining alienability.

Section 8: General rules of succession in the case of males

Section 8 of Hindu Succession Act: General rules of succession in the case of males

Legal Commentary & Landmark Judgments: Section 8