The Court affirmed that under the Hindu Succession Act, class I heirs hold exclusive rights to a deceased's property over class II heirs until all class I claims are extinguished.

ORAL JUDGMENT

Date : 13-01-2026 Present civil misc. application has been preferred on behalf of the petitioners for seeking following relief(s) :-

(i) For setting aside the order dated

04.01.2025, passed by Civil Judge (Sr. Division), VIII, Patna, in Succession Case No. 234 of 2017, whereby the petition filed by the petitioners for coming on the record of the aforesaid case, being he successor of Late Kaushalya Devi (O.P.) to pursue the objection filed by her in the aforesaid case, being her Class I heirs and legal successors, and thereby having interest in the estate of Late Rajneesh Yadav.

(ii) Also, for any other relief or reliefs for which the petitioner s are found entitled or as this Hon’ble Court deem fit and proper.

2. Heard both the parties.

3. Learned counsel for the petitioners submits that the respondent–petitioner instituted Succession Case No. 234 of 2017 seeking grant of a succession certificate in respect of the movable properties left by her deceased husband, Rajneesh Yadav, who was posted at Lucknow as Joint Commissioner in the Income Tax Department, claiming herself to be his legally wedded wife. It is further submitted that the applicant claims to be the sole legal heir entitled to receive G.P.F. and all other service-related dues from the concerned government departments, banks, and other government establishments, and since the said authorities have insisted upon production of a succession certificate, the institution of the succession case became necessary. It is further submitted that during the pendency of the said succession case, the opposite party, namely Kaushalya Devi, expired on 28.12.2022. Thereafter, the proposed intervener, claiming to be the son and class I legal heir of Kaushalya Devi, filed an application on 01.05.2023 for impleadment in the succession case under Order XXII Rule 4 read with Section 151 of the CPC. The said application, however, was rejected by the learned trial court vide the impugned order dated 04.01.2025.

4. Learned counsel for the petitioners in the present Miscellaneous Case submits that the applicants of the petition dated 01.05.2023 are the sons of late Kaushalya Devi, who wants to be arrayed as an opposite party in the succession case, and that after the death of their mother because they are entitled to be impleaded in the said succession case in accordance with Order XXII Rule 4 read with Section 151 of the CPC.

5. The general rules of succession in the case of males has been prescribed in Section 8 of Hindu Succession Act, 1956 , which reads as follows:-

“ 8. General rules of succession on the case of males – The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter :-

(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 (d) lastly, if there is no agnates, then upon the cognates of the deceased.”

Orders of succession among heirs in the schedule has been mentioned in section 9 of Hindu Succession Act, 1956 and distribution of property among heirs in Class I of the schedule has been mentioned in Section 10 of which read as follows :-

“9. Order of succession among heirs in the Schedule – 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.

10. Distribution of property among heirs in class I of the schedule – The property if