Sections 11-13 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.
Sections 11, 12 and 13 supply the rules for the later steps of intestate succession. Section 11 says heirs within one entry of Class II share equally, section 12 gives three Rules of preference among agnates or cognates, and section 13 explains how to count the degrees those Rules depend on.
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.
Heirs specified in any one entry in Class II divide the property so that they share equally (section 11). Among agnates or cognates, the order is fixed by three Rules (section 12): the heir with fewer or no degrees of ascent is preferred; if ascent is the same or none, the heir with fewer or no degrees of descent is preferred; if neither is preferred under Rule 1 or Rule 2, they take simultaneously. Under section 13, degrees are reckoned from the intestate to the heir and include the intestate, and every generation is one degree.
Section 11: equal shares within a Class II entry
Section 11 is headed "Distribution of property among heirs in class II of the Schedule". It reads: "The property of an intestate shall be divided between the heirs specified in any one entry in class II of the Schedule so that they, share equally." (The copy prints a comma after "they"; it is quoted as printed.)
Two things are clear from the words.
- The section works inside one entry. Which entry takes is decided earlier by section 9: an earlier entry is preferred to a later one. See our article on section 9 and the Schedule.
- Within that entry the heirs "share equally". Entry II of Class II lists a son's daughter's son, a son's daughter's daughter, a brother and a sister; if all four exist and nobody earlier in Class II exists, section 11 divides the property equally among them. (The figures in any example are an illustration; the Act prints no fraction.)
If you want help applying the entries to a real family, our legal consultation team can go through the Schedule with you.
Section 12: three Rules for agnates and cognates
Section 12 is headed "Order of succession among agnates and cognates". It says the order "as the case may be, shall be determined in accordance with the rules of preference laid down hereunder":
| Rule | Printed text | In plain words |
|---|---|---|
| Rule 1 | Of two heirs, the one who has fewer or no degrees of ascent is preferred. | Compare how far up the family tree each heir's line goes. |
| Rule 2 | Where the number of degrees of ascent is the same or none, that heir is preferred who has fewer or no degrees of descent. | If ascent does not decide it, compare how far down the line comes. |
| Rule 3 | Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously. | If both rules leave the heirs level, they take together. |
The Rules apply to agnates (relatives wholly through males) and to cognates (relatives not wholly through males), both defined in section 3(1); see our article on section 3. They are used only at the third and fourth steps of section 8, when there is no Class I or Class II heir; the agnates are looked at first, and the cognates only if there is no agnate. Within each of those groups, section 12 is the tie-breaker.
Section 13: how degrees are counted
Section 13 has three sub-sections:
- Section 13(1). "For the purposes of determining the order of succession among agnates or cognates, relationship shall be reckoned from the intestate to the heir in terms of degrees of ascent or degrees of descent or both, as the case may be."
- Section 13(2). "Degrees of ascent and degrees of descent shall be computed inclusive of the intestate."
- Section 13(3). "Every generation constitutes a degree either ascending or descending."
So the count starts at the intestate, goes up the family tree to the common ancestor (degrees of ascent), and then down to the heir (degrees of descent). The intestate is counted in the computation, and each generation is one degree.
Working through the Rules: illustrations
The following examples are invented for this article. They only apply the printed Rules, and they assume there is no Class I or Class II heir, so the agnates are reached.
Rule 1 (ascent). Dinesh Pandey, a Hindu male, dies intestate. Two agnates survive: his father's brother's son (Mohit) and his father's father's brother's son (Naveen). Counting upward to the common ancestor and including Dinesh, Mohit's line goes up through Dinesh, his father and his grandfather, which is three degrees of ascent. Naveen's line goes up one generation further, to the great-grandfather, which is four degrees of ascent. Mohit has fewer degrees of ascent, so under Rule 1 Mohit is preferred.
Rule 2 (descent). The same Dinesh has two other agnates: his father's brother's son (Mohit) and that man's own son (Parth). Both come from the same ancestor, so the degrees of ascent are the same. Parth is one generation further down, so he has more degrees of descent than Mohit. Under Rule 2 Mohit, with fewer degrees of descent, is preferred.
Rule 3 (neither preferred). If the surviving agnates are two sons of Dinesh's father's brother, they have the same ascent and the same descent. Neither is preferred under Rule 1 or Rule 2, so under Rule 3 "they take simultaneously". The section does not itself say how the property is then divided between those who take simultaneously; for the principle on how two or more heirs succeed together, see section 19 in our article on sections 18 to 21.
Putting the three sections together
| Question | Section |
|---|---|
| Who takes after Class I and who ranks within Class II? | Section 8 and section 9 |
| How do heirs in one Class II entry share? | Section 11 |
| Which of two agnates, or two cognates, is preferred? | Section 12 |
| How are the degrees in section 12 counted? | Section 13 |
For the wider picture of intestate succession, see the topic guide on intestate succession under the Hindu Succession Act.
Need help placing a relative in the order?
Agnate and cognate claims often depend on a family tree drawn over several generations. You can speak to our team through legal consultation, bringing the tree, to check each relative's degrees against the printed Rules.
Key takeaways
- Heirs in any one entry in Class II share equally (section 11).
- Among agnates or cognates, fewer or no degrees of ascent wins under Rule 1.
- If ascent is the same or none, fewer or no degrees of descent wins under Rule 2.
- If neither Rule prefers one heir, they take simultaneously under Rule 3.
- Degrees run from the intestate to the heir, include the intestate, and every generation is a degree (section 13).
Read next
- Section 9 and the Schedule: Class I and Class II heirs
- Section 8 of the Hindu Succession Act, 1956: general rules of succession in the case of males
- Section 3 of the Hindu Succession Act, 1956: agnate, cognate, heir and intestate
- 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.