Section 8 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 8 sets the order in which the property of a male Hindu who dies intestate goes to his relatives. There are four steps, taken one after another: Class I heirs, then Class II heirs, then agnates, and last cognates.
This article follows the consolidated text consulted (a third-party print; amendments shown up to Act 34 of 2019). Later amendments should be checked separately.
The property of a male Hindu dying intestate devolves according to Chapter II of the Act: firstly upon the Class I heirs in the Schedule; secondly, if there is no Class I heir, upon the Class II heirs; thirdly, if there is no heir of either class, upon the agnates; and lastly, if there is no agnate, upon the cognates. A later step is reached only when the earlier step has no heir.
The text of section 8
Section 8 is headed "General rules of succession in the case of males". It reads: "The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter:-"
| Step | Printed words | Who takes |
|---|---|---|
| (a) | firstly, upon the heirs, being the relatives specified in class I of the Schedule | The Class I heirs |
| (b) | secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule | The Class II heirs |
| (c) | thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased | The agnates |
| (d) | lastly, if there is no agnate, then upon the cognates of the deceased | The cognates |
The Schedule, which is headed "(See section 8)", is set out in full in our article on section 9 and the Schedule. If you are unsure how to apply these steps to a particular family, our legal consultation team can walk through the printed text with you.
Who the section is about
Section 8 speaks of "a male Hindu dying intestate". Three of those words need care.
- Male Hindu. "Hindu" is read with section 2 of the Act, including the extended meaning in section 2(3); see our article on section 2 (listed under Read next below). Section 3(2) says that, unless the context requires otherwise, words importing the masculine gender are not taken to include females. The property of a female Hindu is dealt with in sections 15 and 16, not here.
- Intestate. Under section 3(1)(g), a person is deemed to die intestate in respect of property of which he has not made a testamentary disposition capable of taking effect. So section 8 operates on the property, or the part of the property, not effectively disposed of by will.
- Property. The section speaks of "the property" of the deceased. The Act does not break it down further here. For the interest of a coparcener in joint family property, section 6(3) provides separately that the interest devolves "under this Act" and not by survivorship; see our article on section 6.
How the four steps work
Step 1: Class I
If there is any heir in Class I, they take "simultaneously and to the exclusion of all other heirs", in the words of section 9. That means nobody in Class II, no agnate and no cognate takes anything while a Class I heir exists. The Class I heirs are listed in the Schedule, and the shares among them are fixed by section 10; see our article on section 10.
Step 2: Class II
Only if there is no heir of Class I does the property go to the Class II heirs. Class II is arranged in nine entries, and under section 9 those in the first entry are preferred to those in the second, those in the second to the third, and so on in succession. Within one entry the heirs share equally (section 11). Sections 11 to 13 are covered in a separate article on this site.
Steps 3 and 4: agnates and then cognates
Only if there is no heir of either class does the property go to the agnates. Only if there is no agnate does it go to the cognates. Agnates and cognates are defined in section 3(1)(a) and (c). Their order among themselves is fixed by sections 12 and 13.
A worked illustration
The family below is invented. The Act prints no share as a fraction, and this example only applies the order of steps.
Harish Kulkarni, a Hindu male, dies intestate. He leaves a daughter, Pooja, a brother, Rakesh, and a father's brother's son, Anil.
- Is there a Class I heir? Yes, the daughter is in Class I. So under step (a) the property goes to the Class I heirs.
- The brother Rakesh is in Class II (the Schedule lists "brother" in the second entry of Class II), and Anil is an agnate. Neither takes, because step (b) is reached only "if there is no heir of class I", and step (c) only "if there is no heir of any of the two classes".
If Harish had left no Class I heir, step (b) would be reached and the Class II heirs would take, with the entry-by-entry preference of section 9.
Special rule for persons under marumakkattayam or aliyasantana law
Section 17 provides that, for persons who would have been governed by the marumakkattayam law or aliyasantana law if the Act had not been passed, sub-clauses (c) and (d) of section 8 are replaced by a single clause: "(c) thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnates or cognates." Sections 7 and 17 are covered in a separate article on this site.
What section 8 does not do
- It does not give a share as a fraction or percentage. Shares among Class I heirs come from section 10.
- It does not say anything on procedure, forms or fees. If you want tax information about inherited property, see our income-tax guides, for example tax on inheritance and wills.
- It does not apply where the deceased left a will covering the whole property: the property is then not that of a person deemed intestate under section 3(1)(g).
Need help with a succession order?
When a family cannot agree who falls in which step, the first task is a clear family tree and a list of relatives against the Schedule. You can speak to our team through legal consultation to organise that before any steps are taken on the property.
Key takeaways
- Section 8 applies to the property of a male Hindu dying intestate.
- The order is Class I, then Class II, then agnates, then cognates, each step reached only if the earlier one has no heir.
- The property of a female Hindu is governed by sections 15 and 16.
- Section 17 replaces the third and fourth steps for persons who would have been governed by marumakkattayam or aliyasantana law.
- Shares among Class I heirs are fixed by section 10, not by section 8.
Read next
- Section 9 and the Schedule: Class I and Class II heirs
- Section 10 of the Hindu Succession Act, 1956: distribution among Class I heirs
- Intestate succession under the Hindu Succession Act: Class I and Class II heirs
- Section 2 of the Hindu Succession Act, 1956: who is a Hindu
Disclaimer: Based on a third-party consolidated print of the Hindu Succession Act, 1956 showing amendments up to Act 34 of 2019 and on the text of the Hindu Succession (Amendment) Act, 2005, as consulted on 2 October 2026. It explains the words of the statute only; State amendments, later amendments and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.