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16. This Court observe that Chander Prakash died intestate and post his demise there are three Class I legal heirs - son(respondent No.3 herein), widow (respondent No.2 herein) and mother (respondent No.4 herein); four Class II legal heirs - father (petitioner herein) and three sisters (respondent Nos. 5, 6 and 7).

17. The respondent Nos.2, 3, 5,6 and 7 have recorded their no- objection statements in favour of petitioner. As per Section 8 of the Hindu Succession Act, 1956, on demise of a Hindu male, who died intestate, all his properties shall devolve firstly upon the Class I legal heirs and if there is no Class I legal heir than upon the legal heirs in Class II of the Schedule. In case there neither Class I legal heir nor Class II legal heir than the properties shall devolve upon the agnates and in case there is not agnate, then upon the cognates of the deceased. Section 9 of the Hindu Succession Act, 1956 provides the order of succession amongst the heirs in the Schedule. As per Section 9 of the Hindu Succession Act, 1956 the Class I heirs shall take simultaneously and to the exclusion of all other heirs. Whereas, those in the first entry in Class II shall be preferred to those in the second entry and those in the second entry shall be preferred to those in the third entry and so on in succession.

18. In the case at hand, the petitioner is an entry I, Class II legal heir, whereas the respondent Nos. 5, 6 and 7 are entry II, Class II legal heirs. 2 The petitioner Nos. 2, 3 and 4 are the Class I legal heirs, which means that as per the rules of succession they shall take See Section 8 and the Schedule of the Hindu Succession Act, 1956 simultaneously to the exclusion of other heirs i.e. Class II heirs.

19. Section 218 of the Indian Succession Act, 1945 states that if the deceased, who was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be granted to any person, according to the rules for the distribution of the estate applicable in the case of such deceased.