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Section 9: Order of succession among heirs in the Schedule

Hindu Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 8 All 31 Sections The Schedule (Heirs) Section 10

Legal Commentary & Landmark Judgments: Section 9

Section 9 of the Hindu Succession Act, 1956 regulates the order of succession among heirs specified in the Schedule.

  • Core Legal Standard: Section 9 lays down the operational rule of preference and exclusion between different categories of statutory heirs.
  • Operational Mechanism & Scope: The rule ensures absolute preference: the existence of even a single living Class I heir (e.g. a mother, widow, or daughter) completely extinguishes all claims of the father (Entry I of Class II) or brothers and sisters (Entry II of Class II).

This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.

Key Landmark Precedents:
  • Gurupad Khandappa Magdum v. Hirabai Khandappa Magdum (1978) 3 SCC 383: The Supreme Court analyzed the interplay between Sections 6, 8, 9, and 10, holding that Class I heirs inherit their statutory shares concurrently upon the demise of the male Hindu, and the shares of all Class I heirs must be crystallized simultaneously.
  • Kamala v. Lingaiah (AIR 2002 Kant 474): The High Court emphasized that under Section 9, Class I heirs inherit simultaneously as tenants-in-common under Section 19, and the presence of any Class I heir operates as an absolute statutory bar against any heir in Class II.
Legal Commentary:

In inheritance disputes, Section 9 establishes a strict 'all-or-nothing' hierarchy. A surviving mother or widow takes alongside children, completely cutting off the deceased's father, brothers, and nephews. Only in the total absence of any Class I heir does Class II open up, where each Entry must be completely exhausted before subsequent entries can participate.

Section 8 All 31 Sections The Schedule (Heirs) Section 10