Whether Coparcener can bequeath the Property received due to Intestate succession

The Hindu Succession Act is applicable to Hindus, Jains, Buddhists, and Sikhs. It takes into consideration that the deceased shall have a different class of heirs and such different classes shall have different stakes over the property. These classes are

Class I Heirs:

1. Widow

2. Son 

3. Daughter

4. Mother of the intestate 

5. The heirs of pre-deceased children of the intestate (which shall include the widow, sons, daughters of the predeceased children as well)

Class II Heirs:

1. Father

2. Grand Parents

3. Grand Children

4. Brother

5. Sister

6. Other relatives

Agnates: These are the blood relations to the deceased through males. For example bother’s son, brother’s daughter, son’s son, etc.

Cognates: These are the blood relations to the deceased through females. For example sister’s son, sister’s daughter, daughter’s son, etc. 

In the case where a Hindu male passes away the following shall take place

1. The Class I heirs get equal shares

2. In case of no Class I heirs it shall be equally divided amongst Class II heirs

3. In case of no Class I or Class II Heirs the property shall be divided amongst the Agnates and then the Cognates.

4. If none of the above-mentioned heirs exist then the property shall pass on to the Government and this is known as Escheat.

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