Intestate succession refers to what happens to someone’s assets (property, money, etc.) when they die without a valid Will. The rules for intestate succession are primarily governed by the personal laws applicable to the deceased individual’s religion or community. Furthermore, inheritance without a Will can lead to complex legal proceedings and disputes among family members, highlighting the importance of understanding intestate succession laws in India.
Hindus are governed by the Hindu Succession Act, 1956. This Act applies to individuals who identify with Hinduism, including its various branches such as Buddhism, Jainism, Sikhism, Virashaivism, Lingayatism, as well as followers of the Brahmo, Prarthana, or Arya Samaj movements. If a Hindu male passes away without a Will (intestate), his assets will be distributed according to the Hindu Succession Act, 1956 in a following way:
- Firstly, the heirs outlined in Class I of the Act’s Schedule will inherit equally. These heirs comprise the son, daughter, widow, and mother. If the deceased’s son is deceased, then the son’s children and widow are entitled to a share. Likewise, if the deceased’s daughter is deceased, her children inherit the share. All these heirs receive equal shares simultaneously.
- In case there are no living heirs from Class I, the assets will then pass to the legal heirs specified in Class II of the Schedule. These heirs include the father, and if the father is deceased, then the siblings of the deceased Hindu male will inherit the assets.
If a Hindu woman passes away without a Will (intestate), the distribution of her assets depends on whether they are self-acquired or inherited.
For self-acquired property:
- Her husband and children will inherit equally. If the son and daughter are deceased, then their children will be entitled to the share.
- If the children and husband are deceased, then the husband’s heirs will inherit the property.
For inherited property:
- If the property is not self-acquired, it initially devolves upon the children equally. Again, if the son and daughter are deceased, their children will inherit.
- If the children are deceased and the property is inherited from the husband or father-in-law, the husband’s heirs will inherit. If inherited from the father or mother, the father’s heirs will inherit.
In summary, the assets of a Hindu woman who dies intestate are distributed based on whether they are self-acquired or inherited, with specific provisions for various scenarios involving children, husband, and other heirs.
Christians are governed by the Indian Succession Act, 1925. In cases where a Christian passes away without a Will (intestate), the property distribution is structured as follows:
- One-third of the property is allotted to the spouse.
- The remaining two-thirds of the property are divided equally among the child(ren), including the children of any deceased son or daughter.
Parsis are governed by the Indian Succession Act, 1925. When a Parsi passes away without a Will, the distribution of their property unfolds as outlined below:
- The property is divided equally among the children and spouse. If a son is deceased, his children and widow are entitled to his share, and similarly, if a daughter is deceased, her children inherit her share.
- Additionally, both parents (each parent) are entitled to a share equivalent to half the share allotted to each child.
Muslims are guided by their individual Shariat laws, which determine the inheritance shares of legal heirs based on their relationship with the deceased and the size of the family. These laws restrict full testamentary freedom, allowing a maximum bequest of one-third of the estate through a Will. The rest of the estate is then distributed according to the relevant Shariat laws applicable to Sunnis and Shias.
In the case of an Inter-Caste Marriage regulated by the Special Marriage Act, the rules of intestate succession are outlined in the Indian Succession Act, 1925.
Under this law:
- One-third of the property will pass to the spouse.
- The remaining two-thirds of the property will be equally divided among the child(ren), including the children of any deceased son or daughter.
Thus it becomes important for an individual to prepare a Will to distribute assets as per one’s wish thereby overriding the above intestate succession laws.