Who inherits when a Hindu dies without a will
The intestate succession of a Hindu is governed by the Hindu Succession Act, 1956, read with the Hindu Succession (Amendment) Act, 2005. The Act overrides the pre-1956 customary Hindu law to the extent of inconsistency (Section 4). Two distinct regimes operate side by side. Section 6 governs the devolution of a male Hindu's undivided interest in Mitakshara coparcenary property; Section 8 governs his separate and self-acquired property. Commissioner of Wealth Tax v Chander Sen , (1986) 3 SCC 567 settled that a son does not have a birthright in his father's separate property — that property devolves under Section 8 as the father's individual estate. Vineeta Sharma v Rakesh Sharma , (2020) 9 SCC 1 settled that a daughter is a coparcener by birth under amended Section 6, irrespective of whether her father was alive on 9 September 2005, overruling Prakash v Phulavati , (2016) 2 SCC 36 on the father's-survival requirement. This guide traces the order of succession — Class I heirs in equal share, Class II heirs entry-by-entry, agnates, cognates — and the share computation under Sections 9, 10 and 11.