1. Dayabhaga Succession

2. Three classes of heirs
Sapindas;
Sakulyas; and
Samanodokas.
The Sapindas succeed before the Sakulyas, and the Sakulyas succeed before the Samanodokas.

3. Sapindas A Hindu governed by Dayabhaga law is the Sapinda-
of those to whom he is bound to offer a pinda while he is alive;

4. 2) of those who, on his death, are bound to offer a pinda to him;

5. Ancestors= his three immediate paternal ancestors and his
3) of those who are bound to offer a pinda to the ancestors to whom he is bound to offer a pinda;
Ancestors= his three immediate paternal ancestors and his
three immediate maternal ancestors
They may be divided into four groups:
Group-1

6. Group-2

7. Group-3

8. Group-4

9. Female Sapindas
Five female Sapindas:

10. Sakulyas A Hindu is the sakulya: Sakulyas are all males.
Of those to whom he is bound to offer pinda-lepa while he is alive( fourth, fifth and sixth paternal male ancestors);

11. 2) of those who on his death are bound to offer pinda-lepa to him( fourth, fifth and sixth male descendants in the male line);

12. 3) of those who are bound to offer pinda-lepa to those whom he offers the pinda lepa;(six male descendants in the male line of the fourth, fifth and sixth paternal male ancestors, and the fourth, fifth and sixth male descendants in the male line of his father, grandfather and great-grandfather)

13. Samanodokas A Hindu is the samanodokas:
Of those to whom he is bound to offer libations of water;
Of those who on his death are bound to offer libations of water on him; and
Of those who are bound to offer libations of water to those whom he offer the libations.
The samanodokas like sakulyas are all males.

15. Principles governing precedence among sapindas
(1)
Those who offer
a pinda
to the deceased
are
preferred to those who accept it
from the deceased

16. Relations to whole blood are preferred to those of the half blood
(2)
Those who offer oblations to both paternal and maternal ancestors are preferred to those who offer oblations only to paternal ancestors
Relations to whole blood are preferred to those of the half blood
Mother
Father
Brother
Deceased
Brother

17. (3) Those who offer a pinda to the paternal ancestors of the deceased are preferred to those who offer to his maternal ancestors.
M. Grandfather
Grandfather
M. Uncle
Mother
Father
Uncle
Deceased
Son

18. (4)
Those who offer a larger number of cakes of a particular description are preferred to those who offer a lesser number of cakes of the same description; and

19. (4) contd.
Where the number of such cakes are equal, those who offer them to nearer ancestors are preferred to those who offer them to more distant ancestors.
Great-Grandfather
Grandfather
Father
Brother
Nephew
Uncle
Deceased
Grandnephew

20. Principles of precedence among Sakulyas and Samanodakas
They are governed by the principles similar to those of Sapindas

21. Order of succession among sapindas
*Sapindas ex parte materna do not succeed until after sapindas ex parte paterna.
*The only five female heirs recognized by Guru Gobind v Anand Lal (1870); they succeed by virtue of special texts.
Sapindas ex parte paterna
Sapindas ex parte materna
Nos. 1-32
Except the five females:
Widow(4), Daughter(5), Mother(8), Paternal grandmother(14), and Paternal great-grandmother(20)
Nos

22. Order of succession among sapindas1
Son 13
Paternal grandfather 2
Grandson 14
Paternal grandmother 3
Great-grandson 15
Paternal uncle 4
Widow 16
Paternal uncle’s son 5
Daughter 17
Paternal uncle’s son’s son 6
Daughter’s son 18
Father’s sister’s son 7
Father 19
Paternal great-grandfather 8
Mother 20
Paternal great-grandmother 9
Brother 21
Paternal granduncle 10
Brother’s son 22
Paternal granduncle’s son 11
Brother’s son’s son 23
Paternal granduncle’s son’s son 12
Sister’s son 24
Father’s father’s sister’s son

23. 8 cognate relations 25 Son’s daughter’s son 26
Son’s son’s daughter’s son 27
Brother’s daughter’s son 28
Brother’s son’s daughter’s son 29
paternal uncle’s daughter’s son 30
Paternal uncle’s son’s daughter’s son 31
Paternal granduncle’s daughter’s son 32
Paternal granduncle’s son’s daughter’s son

24. Maternal relations 33 Maternal grandfather 40
Maternal great-grandfather’s grandson 34
Maternal uncle 41
Maternal great-grandfather’s great-grandson 35
Maternal uncle’s son 42
Maternal great-grandfather’s daughter’s son 36
Maternal uncle’s son’s son 43
Maternal great-great-grandfather 37
Maternal sister’s son 44
Maternal great-great-grandfather’s son 38
Maternal great-grandfather 45
Maternal great-great-grandfather’s grandson 39
Maternal great-grandfather’s son

25. Maternal relations contd.46
Maternal great-great-grandfather’s great-grandson 50
Maternal great-grandfather’s son’s daughter’s son 47
Maternal great-great-grandfather’s daughter’s son* 51
Maternal great- grandfather’s son’s son’s daughter’s son 48
Maternal grandfather’s son’s daughter’s son 52
Maternal great-great- grandfather’s son’s daughter’s son 49
Maternal grandfather’s son’s son’s daughter’s son 53
Maternal great-great- grandfather’s son’s son’s daughter’s son
*not an heir under Dayabhaga law, but an heir under Mitakshara law

26. Priority amongst daughters
Unmarried daughter;
Married daughter with male issue;
Daughters barren or widows without male issue or are mothers of daughters only are excluded from inheritance.
Unchaste daughter does not inherit the father. However, once vested, does not divest for subsequent unchastity.
Daughter’s son’s son is not an heir. Oblation ceases with the daughter’s son.

27. Order of succession among sakulyas and samanodakas
Failing all sapindas, the inheritance passes to sakulyas; and
Failing all sapindas and sakulyas, the inheritance passes to samanodakas.
*The order to be deduced from the rules same to as sapindas.

28. Preceptor, disciple and fellow-student
On failure of all the heirs, his preceptor, disciple and fellow student are in their order entitled to the estate.
If there is none of these, inheritance passes to the members of the same gotra.
On failure of all these , the government takes the property by escheat*.
*The power of a state to acquire title to property for which
 there is no owner.