Section 9 and the Schedule to the Hindu Succession Act, 1956: Order of Succession and the Class I and Class II Heirs

Section 9 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 9 and the Schedule go together. The Schedule lists the relatives who are Class I heirs and Class II heirs, and section 9 says how the heirs in the Schedule rank: Class I heirs take together and shut out everyone else, and Class II is taken entry by entry.

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.

Under section 9, among the heirs in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II are preferred to those in the second; those in the second to the third; and so on in succession. The Schedule prints Class I (12 relatives in the original text, with four more added in 2005) and Class II in nine entries, I to IX. In the Schedule, a reference to a brother or sister does not include a brother or sister by uterine blood.

Section 9: the rule of preference

Section 9 is headed "Order of succession among heirs in the Schedule". It reads:

"Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession."

Three rules come out of these words.

1. Class I takes together. "Simultaneously" means all the Class I heirs who exist take at the same time, none waiting for another. How much each takes is fixed by section 10; see our article on section 10.
2. Class I excludes everyone else. "To the exclusion of all other heirs" means that if even one Class I heir exists, the Class II heirs, agnates and cognates do not take (compare section 8, in our article on section 8).
3. Class II runs in order. Entry I is preferred to entry II, entry II to entry III, and so on through IX. A later entry takes only when no one in an earlier entry exists.

If a family is trying to document who the heirs are in an affidavit or declaration, our affidavit and declaration drafting service can set out the family facts against the Schedule. The Act itself prints no form for that.

The Schedule: Class I

The Schedule is headed "(See section 8)" and "Heirs in Class I and Class II". Class I is printed as one run of entries separated by semicolons. Laid out as a table, the copy's Class I reads:

The 2005 amending Act (its section 7) adds the last four after the words "widow of a pre-deceased son of a pre-deceased son". In the copy consulted they are bracketed and carry a footnote mark. All sixteen are Class I heirs.

Printing points. In the copy there is no semicolon before the bracketed words that were added in 2005, and the first added heir is printed "son of a predeceased daughter of a pre-deceased daughter" with "predeceased" unhyphenated. The Act's own text, in section 7 of the amending Act, hyphenates it. The list above follows the amending Act.

The Schedule: Class II

Class II is printed in nine entries, numbered I to IX:

Because of section 9, the father (entry I) is preferred to everyone in entries II to IX; the people in entry II are preferred to those in entry III; and so on. Persons in the same entry are on the same footing: section 11 says they share equally. See our article on sections 11 to 13.

The Explanation on uterine blood

The Schedule ends with an Explanation: "In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood."

"Uterine blood" is defined in section 3(1)(e)(ii): two persons are related by uterine blood when they are descended from a common ancestress but by different husbands. So, where the Schedule names a brother or sister (entry II lists "brother" and "sister" directly), a brother or sister by uterine blood, that is, one with the same mother but a different father, is not counted. The Explanation speaks of "references to a brother or sister" and says no more than that; this article does not extend it to other entries. Our article on section 3 sets out the definition.

An illustration

The names are invented and the example only applies the printed rule. Govind Shetty, a Hindu male, dies intestate, leaving a mother, Kamala; a brother, Ravi; and a father, Narayan. Kamala is a Class I heir ("mother" is in the list). Under section 9, Class I heirs take "to the exclusion of all other heirs", so neither Narayan (Class II, entry I) nor Ravi (Class II, entry II) takes. If Kamala had not been alive and no other Class I heir existed, the Class II heirs would be reached, and Narayan in entry I would be preferred to Ravi in entry II.

The Schedule is also the base for the topic guide on intestate succession under the Hindu Succession Act.

Need help with an affidavit of family facts?

If you have to set out the members of a family, their relationships and the order in which the Schedule ranks them in a document, a clear draft saves time later. Our affidavit and declaration drafting team can prepare it from your family tree.

Key takeaways

• Class I heirs take simultaneously and to the exclusion of all other heirs.
• Class II is taken in order: entry I before entry II, and so on to entry IX.
• Class I has twelve relatives in the original list and four added by the 2005 amending Act, sixteen in all.
• Class II has nine entries, I to IX; heirs in one entry share equally under section 11.
• A brother or sister by uterine blood is not counted where the Schedule names a brother or sister.
• The Schedule is headed "(See section 8)".

Read next

• Section 8 of the Hindu Succession Act, 1956: general rules of succession in the case of males
• Section 10 of the Hindu Succession Act, 1956: distribution of property among Class I heirs
• Sections 11-13: Class II heirs, agnates, cognates and degrees
• Intestate succession under the Hindu Succession Act: Class I and Class II heirs

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.