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Section 10 of The Hindu Succession Act, 1956

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 intestates 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.

Summary

This section sets the rules for how property is shared out specifically among Class I heirs of an intestate male, meaning a male who dies without leaving a will.
The deceased's widow receives one share, and if there are multiple widows, they must split that single share equally between them.
Each surviving son, surviving daughter, and the mother of the deceased gets one full share.
The relatives in the branch of any pre-deceased son or pre-deceased daughter get one share to split among themselves.
Within a pre-deceased son's branch, his widow, or widows together, surviving sons, and surviving daughters get equal portions, and the branch of his own pre-deceased sons gets the same portion.
Within a pre-deceased daughter's branch, only her surviving sons and daughters get equal portions.

Practical examples

1Sunil dies without a will, leaving behind his mother, his wife, and two daughters. According to the rules, the property is divided into four equal shares. His mother, his wife, and each of his two daughters get one share each.

2Ramesh dies without a will. He is survived by his wife, a son, and the family of his deceased daughter, Meera. Meera had two children, Rahul and Ritu, before she died. Under the law, Ramesh's wife gets one share, his son gets one share, and Meera's branch gets one share. Rahul and Ritu split Meera's single share equally, receiving half a share each.

FAQ

1. How do multiple widows share property under Section 10 of the Hindu Succession Act, 1956?

Under Section 10 of the Hindu Succession Act, 1956, if there is more than one widow, all of them together take only one single share, which they must split among themselves.

2. Do the mother and children of the deceased get equal shares under Section 10 of the Hindu Succession Act, 1956?

Yes, Section 10 of the Hindu Succession Act, 1956 states that each surviving son, surviving daughter, and the mother of the deceased takes one share.

3. What share does the branch of a pre-deceased child get under Section 10 of the Hindu Succession Act, 1956?

Under Section 10 of the Hindu Succession Act, 1956, the heirs in the branch of each pre-deceased son or pre-deceased daughter take exactly one share between them.

4. How is a pre-deceased daughter's share split among her children under Section 10 of the Hindu Succession Act, 1956?

Under Section 10 of the Hindu Succession Act, 1956, the single share allotted to a pre-deceased daughter's branch is divided equally among her surviving sons and daughters.

Test yourself

Q1.Under Section 10 of the Hindu Succession Act, 1956, if a male Hindu dies leaving behind two widows, how is their share determined?

Q2.Under Section 10 of the Hindu Succession Act, 1956, who among the following is NOT allotted a separate individual share?

Q3.Under Section 10 and Section 8 of the Hindu Succession Act, 1956, if an intestate dies leaving a widow, a son, and a sister, how many shares is the property divided into?

Q4.Under Section 10 of the Hindu Succession Act, 1956, how is the share distributed in the branch of a pre-deceased daughter?

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Section 10 of The Hindu Succession Act, 1956

(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.

Summary

This section sets the rules for how property is shared out specifically among Class I heirs of an intestate male, meaning a male who dies without leaving a will.
The deceased's widow receives one share, and if there are multiple widows, they must split that single share equally between them.
Each surviving son, surviving daughter, and the mother of the deceased gets one full share.
The relatives in the branch of any pre-deceased son or pre-deceased daughter get one share to split among themselves.
Within a pre-deceased son's branch, his widow, or widows together, surviving sons, and surviving daughters get equal portions, and the branch of his own pre-deceased sons gets the same portion.
Within a pre-deceased daughter's branch, only her surviving sons and daughters get equal portions.