Answer By law4u team
What is Intestate Succession? Intestate succession is the legal process that applies when a person dies without making a valid will. In such cases, the deceased's property is distributed among their legal heirs as per the personal laws applicable to them. The term "intestate" simply means death without a will. In India, intestate succession is governed by different laws depending on the religion of the deceased. Since this is a matter of civil and personal law, the new criminal laws like Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) do not apply here. Laws Governing Intestate Succession in India: 1. For Hindus (including Sikhs, Jains, and Buddhists): The Hindu Succession Act, 1956 applies. 2. For Muslims: Succession is governed by Muslim Personal Law (Shariat), not a codified statute. 3. For Christians and Parsis: The Indian Succession Act, 1925 applies. Key Rules under Hindu Succession Act, 1956 (for Hindus): When a Hindu male dies intestate: His property is first distributed among Class I heirs, which include his mother, widow, son(s), and daughter(s). Each of them gets an equal share. If there are no Class I heirs, the property goes to Class II heirs (like father, siblings, etc.). If none of them are present, the property goes to agnates (relatives through male lineage), then to cognates (other blood relatives), and finally, if no heirs exist, the property is taken over by the government through a process called "escheat". When a Hindu female dies intestate: The property is distributed in the following order: husband, sons and daughters, and children of any predeceased children. If none of them are alive, then it goes to the heirs of her husband, then to her own parents, then to the heirs of her father, and finally to the heirs of her mother. Key Rules under Muslim Personal Law (for Muslims): Muslims follow their religious inheritance laws under Shariat. The distribution is done as per fixed shares mentioned in Islamic law. The legal heirs include spouse, children, parents, and other close blood relatives. A Muslim can only give away one-third of their property by will if legal heirs exist; the remaining two-thirds must be distributed according to Islamic inheritance rules. Key Rules under Indian Succession Act, 1925 (for Christians and Parsis): In the case of Indian Christians: The property is usually divided between the spouse and children. If there are no children, the spouse takes a larger or full share. In the case of Parsis: Property is distributed among relatives in a specific order, starting with closest relatives like spouse and children. Important Notes: Intestate succession only applies when no valid will exists. If a will is present and legally valid, succession is done as per that will. Adopted children are treated as natural heirs in most personal laws and can inherit under intestate succession. Illegitimate children and live-in partners' rights may vary depending on the personal law and court interpretations. Legal heirs must usually obtain a succession certificate from a civil court to claim movable assets like bank accounts, insurance, and shares. Example: If a Hindu man dies without a will, leaving behind his wife, one son, one daughter, and his mother — all four are Class I heirs under the Hindu Succession Act. Each will get an equal one-fourth share of his property.
