Hindu Succession Act, 1956 · Chapter II: Intestate Succession · General
Section 12: Order of succession among agnates and congnates
The order of succession among agnates or cognates, as the case may be, shall be determined in accordance with the rules of preference laid down hereunder:
Rule 1.—Of two heirs, the one who has fewer or no degrees of ascent is preferred.
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.
Rule 3.—Where neither heir is entitled to be preferred to the other under Rule 1 or Rule 2 they take simultaneously.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 16 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 12
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Sri Mahesh v. Sangram & Ors.
Issue arose whether by virtue of operation of the provisions of ss. 14(1) and 12(c) of the Hindu Succession Act, 1956, the defendant no.1-adoptive mother would become absolute owner of the property prior to the adoption…