Intestate Succession

June 8, 2024

Intestate succession in India refers to the distribution of a deceased person’s estate when they die without a valid will or without disposing of all their property through a will. The process of intestate succession is governed by personal laws applicable to different religious communities, such as the Hindu Succession Act, 1956, for Hindus, the Indian Succession Act, 1925, for Christians, Parsis, and Jews, and the Muslim Personal Law (Shariat) Application Act, 1937, for Muslims. These laws outline the rules for determining legal heirs and the manner in which the estate is divided among them. Legal heirs typically include the deceased person’s spouse, children, parents, and other relatives, with the share of each heir determined based on their relationship to the deceased and the applicable personal law. Intestate succession aims to ensure the orderly transfer of property and assets to heirs in the absence of a will, safeguarding the interests of family members and preventing disputes over inheritance. However, the rules of intestate succession may vary based on the personal law applicable to the deceased, highlighting the importance of estate planning and making a valid will to specify one’s wishes regarding asset distribution.


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