Section 239: Order of preference of heirs for succession

1) The order of preference of nearest heirs for succession shall, subject to the other Sections of this Chapter, be as follows:

(a) Husband or wife living in the undivided family,

(b) Son, daughter, widow, daughter-in-law living in the undivided family,

(c) Father, mother, stepmother, grandson, granddaughter, granddaughter-in-law, on the side of son or daughter, living in the undivided family,

(d) Separated husband, wife, son, daughter, father, mother, stepmother,

(e) Separated grand-son, grand-daughter from the son’s generation,

(f) Separated grand-father, grand-mother,

(g) Grandfather, grandmother, elder brother, younger brother, elder sister, younger sister, widow, elder brother’s wife or younger brother’s wife living in the undivided family,

(h) Uncle, aunt, nephew, niece, living in the joint family,

(i) Separated elder brother, younger brother, elder sister, younger sister, widow, elder brother’s wife or younger brother’s wife.

2) So long as the person who is in the first order of preference referred to in sub-section (1) at the time when succession to one’s property is open is serving the person in the subsequent order of preference, that person shall not be entitled to succession.

3) If there is more than one heir in the same order of preference pursuant to sub-section (1), all of them shall equally be entitled to the succession.

4) If any heir in the order of preference entitled to succession does not intend to succeed, the other heirs in the same order shall be entitled to succession, and even if any heir in that order of preference does not intend to accept succession, the heir in the successive order of preference shall be entitled to the succession.