Heir
Also called: Legal heir, Class I heir
Under Section 3(1)(f) of the Hindu Succession Act, 1956, any person, male or female, entitled to succeed to the property of an intestate under the Act.
Explained
Heir has a general meaning, a person who succeeds to the property of a deceased, and the meaning differs between personal laws. For Hindus, Section 3(1)(f) of the Hindu Succession Act, 1956 defines heir as any person, male or female, who is entitled to succeed to the property of an intestate under the Act. An intestate, under Section 3(1)(g), is a person who has not made a testamentary disposition capable of taking effect in respect of the property.
The Act groups heirs in a fixed order. For a male Hindu, Section 8 passes the property first to the heirs in Class I of the Schedule, then to those in Class II, then to agnates, and lastly to cognates. Section 9 provides that Class I heirs take simultaneously and to the exclusion of all others, while within Class II an earlier entry excludes a later one. The property of a female Hindu devolves under Sections 15 and 16 in a separate order. Daughters are now coparceners by birth under amended Section 6, with the same rights as sons.
Some persons who would otherwise be heirs are excluded. Under Section 25, a person who commits or abets murder is disqualified from inheriting the property of the person murdered. Under Section 26, the descendants of a convert born after conversion are disqualified. Disease, defect or deformity does not disqualify anyone (Section 28), and the old bar on a remarried widow was removed in 2005 when Section 24 was omitted.
Heir must be kept apart from legal representative under Section 2(11) of the CPC. The legal representative is the person who in law represents the estate of the deceased and includes any person who intermeddles with the estate, so a non-heir who takes charge of the estate may be sued as legal representative though he is not an heir.
What the law says
Section 3, Hindu Succession Act
(f) “heir” means any person, male or female, who is entitled to succeed to the property of an intestate under this Act;
Clause (f) of sub-section (1) defines heir; clause (g) defines intestate
Section 8, Hindu Succession Act
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
General rules of succession in the case of males
Section 9, Hindu Succession Act
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.
Order of succession among heirs in the Schedule
Section 25, Hindu Succession Act
A person who commits murder or abets the commission of murder shall be disqualified from inheriting the property of the person murdered, or any other property in furtherance of the succession to which he or she committed or abetted the commission of the murder.
Murderer disqualified from inheriting
Section 28, Hindu Succession Act
No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity, or save as provided in this Act, on any other ground whatsoever.
Disease, defect or deformity does not disqualify an heir
In this Act, unless there is anything repugnant in the subject or context,—
(1) “Code” includes rules;
(2) “decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within *** section 144, but shall not include—
Clause (11) defines legal representative, a wider concept
For the exam
- Section 3(1)(f) HSA: any person, male or female, entitled to succeed to an intestate.
- Class I heirs take simultaneously, excluding all others (Section 9).
- Order for a male: Class I, Class II, agnates, cognates (Section 8).
- A murderer is disqualified (Section 25); disease or defect does not disqualify (Section 28).
- An intermeddler can be a legal representative under CPC Section 2(11) without being an heir.
204 questions in the Law Maker question bank use this term. Practise Hindu Law questions
Related terms
- Legal representativeA person who in law represents the estate of a deceased person, including anyone who intermeddles with the estate (Section 2(11) of the CPC). He is liable only to the extent of the estate that reaches him.
- WillThe legal declaration of a testator's intention about his property, which he desires to take effect after his death (Section 2(h) of the Indian Succession Act, 1925).
- AdministratorA person appointed by competent authority to administer the estate of a deceased person when there is no executor. Section 2(a) of the Indian Succession Act, 1925.
- ExecutorA person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided. Section 2(c) of the Indian Succession Act, 1925.
- ProbateThe copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator (Section 2(f) of the Indian Succession Act, 1925).
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.