Enumerate the Class I heirs under the Hindu Succession Act, 1956

The Hindu Succession Act, 1956 has diverged radically from the compact series of Pre-Act Law. This departure is seen in the enumeration of Class I heirs and the mode of distribution adopted by it among such heirs.

Four of the Class I heirs are in the compact series also. They are: Son, Daughter, Widow, and Mother. In addition to these there are those who represent the interest of a pre-deceased son viz. his widow, his son and his daughter.

Further, there are those who represent the interest of a pre-deceased son of a pre-deceased son; viz. his widow; his son; his daughter. Moreover, there are those who represent the interest of a predeceased daughter, viz. her daughter and her son.

These 12 heirs are Class I heirs.

In the distribution of the property among Class I heirs the following principles should be borne in mind:

(a) The widow takes a share. When there are more widows than one, they together take one share only.

(b) Sons and daughters take one share each.

(c) Mother takes one share.

(d) Each of the pre-deceased son is notionally allotted one share which is actually distributed among those who represent his branch, viz. his widow(s) taking one share; sons and daughters each taking one share; the branch of his pre­deceased son taking one share;

(e) Each predeceased daughter notionally gets one share which is distributed among her surviving daughters and sons each of them getting one share out of it.

It would be observed that the distribution is per capita (i.e. per head) among the Class I heir with the following exceptions:

1. Widows. They collectively take one share only.

2. Representatives of pre-deceased son and representatives of pre- deceased daughter. Here the distribution is stirpital (by branch) and not per capita. Each branch takes a share which is distributed amongst its representatives.

Subject to these rules, Class I heirs take simultaneously. This is a revolutionary change for according to the old law the son excluded every other heir, and in the compact series of heirs each earlier enumerated heir excluded every later enumerated heir.