Who Inherits When There’s No Will? The Real Story of Class 1, Class 2 & Class 3 Heirs in India

When a person passes away without leaving a will, their family is often left with more questions than answers. Who rightfully inherits the property—a spouse, children, parents, or perhaps distant relatives? Thanks to the Hindu Succession Act, 1956, there’s a clear legal roadmap, but as with most important things in life, the details matter.

Most Indians have heard about “legal heirs” but might not realize that the law actually sets out an order of priority—dividing family into Class 1, Class 2, and Class 3 heirs, each with its own legal significance and application. Let’s walk through these legal classes with clear explanations and practical examples.

Class 1 Heirs: The Immediate and Indisputable Claimants

Who are Class 1 heirs?

Son and Daughter: Your own children, whether they are married or unmarried, sons or daughters—all are equal now by law.
Widow: The wife of the person who has passed away.
Mother: The person’s own mother.
Son of a predeceased son: “Predeceased” means someone who died before the person whose property is being shared. So, this means: If your own son died before you, his children (your grandchildren) have a right.
Daughter of a predeceased son: Same as above, but the granddaughter (daughter of your deceased son) is included.
Son and Daughter of a predeceased daughter: If your daughter passed away before you, her children (your grandchildren through your daughter) also get a share.
Widow of a predeceased son: If your son died before you, his wife (your daughter-in-law) is also entitled to a share.
Son and Daughter of a predeceased son of a predeceased son: If both your son and your grandson died before you, your great-grandchildren (from your deceased grandson) are also Class 1 heirs.
Widow of a predeceased son of a predeceased son: If both your son and grandson died before you, your grandson’s wife (your great daughter-in-law) gets a share.

At the heart of the inheritance law are the Class 1 heirs. This list includes those family members considered closest to the deceased—spouse, children (including married daughters), the deceased’s own mother, and certain grandchildren if their parent (the child of the deceased) has already passed away. What may appear technical—for example, terms like “daughter of a predeceased son”—actually refers to your own granddaughter whose father (your son) has died before you. Similarly, a “widow of a predeceased son” is simply your daughter-in-law whose husband (your son) passed away earlier.

This means if Mr. Sharma dies leaving behind a wife, a married daughter, his son’s widow, and grandchildren from a son who died before him, each is a Class 1 heir. The law now clearly provides equal inheritance for daughters and sons—an important change brought by the Hindu Succession (Amendment) Act, 2005, ending any doubt about daughters’ rights.

If even one Class 1 heir exists, they share the property equally, leaving no share for others in lower classes. It’s a protective measure—ensuring the closest relationships receive the greatest legal priority.

Class 2 Heirs: When Immediate Family Isn’t There
If there are no Class 1 heirs, property goes in this order—each group is checked one-by-one, and only the first surviving group inherits.

Father: The deceased person's own father.
Brother and Sister: Sibling brothers or sisters of the deceased (not cousins).
Son’s Daughter’s Son / Daughter: Grandson or granddaughter through the deceased’s son's daughter.
Brother’s Son / Sister’s Son / Sister’s Daughter: Nephew or niece (children of your brother or sister).
Father’s Father / Father’s Mother: Grandparents on your father’s side.
Father’s Widow / Brother’s Widow: Step-mother (if your father remarried after your mother’s passing)
Sister-in-law (your brother’s wife).
Father’s Brother / Father’s Sister: Uncle or aunt from your father’s side.
Mother’s Father / Mother’s Mother: Grandparents on your mother’s side.
Mother’s Brother / Mother’s Sister: Uncle or aunt from your mother’s side.

But what happens if none of the Class 1 heirs exist? This is where Class 2 heirs enter the picture. This list is broader: it includes the father, brothers and sisters, grandparents, and certain aunts, uncles, nieces, and nephews—but here’s the critical part: Class 2 heirs are divided into “groups” or “entries,” and the law is very strict about which group gets priority.

For example, let’s say a woman dies unmarried, with both parents alive. Her property would go solely to her mother (Class 1). But if her mother is no longer alive, and she has no spouse, children, or siblings, her father (the only person in Class 2 Entry I) will inherit everything. If he too has passed away, the law moves to the next group: her brothers and sisters—and only them, not cousins or more distant connections.

The order of these entries means that property never jumps to more distant relatives if even a single member of a higher-priority group survives. It’s a tightly-controlled “queue,” and the law checks each group one by one.

Class 3 Heirs: Extended Lineages (Agnates and Cognates)

These are more distant relatives, and only inherit if absolutely no one from Class 1 or Class 2 is alive.

Agnates: Relatives connected only through male family members.
Example: Cousin from your father's brother’s side.
Cognates: Relatives connected through any female family member in the bloodline.
Example: Cousin through your father’s sister or your mother’s brother.

Only in truly rare cases does property find its way to Class 3 heirs—the agnates and cognates. Agnates are relatives who share a common ancestor through only male links (like your paternal uncle’s grandchild), while cognates may be linked through females (say, a cousin whose connection to you comes via your father’s sister). These are extended family members, and the law turns to them only when there are no Class 1 or Class 2 heirs at all.

What Does This All Mean for You?

This legal structure does more than prevent conflict—it gives families certainty. If you know who qualifies as a Class 1 heir, you’ll immediately know who shares the estate, and you’ll also know that even grandchildren and widowed daughters-in-law can be entitled, not just the people you see every day. But if you ignore these classes, families can be caught unprepared, leading to unfortunate disputes and avoidable confusion.

For example:
If a father passes away, leaving only a married daughter and a grandson (grandchild from a deceased son), both inherit equally, regardless of gender or marital status—because both are Class 1 heirs.
But if there are no children or spouse, and only the deceased’s father and younger sister remain, the father (Class 2, Entry I) will inherit the full estate, leaving the sister without a share.

Conclusion: Why This Knowledge Is Powerful

Understanding the legal classes of heirs is not just about “who gets what”—it’s about safeguarding your family’s peace of mind. While these technical terms might feel intimidating, the reality is straightforward: the law’s sequence ensures the closest ties are respected first. But the best way to ensure your true wishes are followed is still by creating a will. Doing so makes your intent clear, avoiding the risks of a legal “default setting” that may not match your family’s needs.

Secure Your Family’s Future—Start Your Will Today

Understanding who your legal heirs are is important—but nothing replaces clarity and certainty. The most effective way to prevent confusion or disputes among family members is to write your own will now, while you are healthy and in control.

At iWills.in, you can create a legally valid will online, tailored to your wishes and your unique family situation. It’s fast, affordable, and designed by experts to ensure complete peace of mind. Don’t leave your loved ones’ future to chance—take charge today. Visit iWills.in and create your will in just a few easy steps.