21 December 2024 | Wills

21 December 2024 | Wills

21 December 2024 | Wills

What Happens to a Person's Assets if They Die Without a Will in India?

What Happens to a Person's Assets if They Die Without a Will in India?

When a person dies without leaving a will, it is known as dying intestate. The distribution of their assets is then governed by the intestacy laws of their jurisdiction. In India, the Hindu Succession Act, 1956 provides the legal framework for the inheritance of assets for Hindus, Buddhists, Jains, and Sikhs. Whereas the Indian Succession Act, 1925 provides the legal framework for the inheritance of assets for Christians and Parsis. This blog explores what happens to a person's assets if they die intestate under these acts respectively.

Intestate Succession Under the Hindu Succession Act, 1956 (Hindu male)

Class I Heirs: The Hindu Succession Act prioritizes Class I heirs, which include the deceased’s immediate family members which includes the following:


  • Sons and Daughters: Both male and female children are entitled to an equal share of the deceased’s assets.

  • Widow: The deceased's widow is also entitled to an equal share.

  • Mother: The mother of the deceased is considered a Class I heir and inherits an equal share.

  • Heirs of predeceased sons and daughters: Grandchildren may inherit the share that their parent would have received if they had been alive.


If the deceased has left behind multiple Class I heirs, the property is divided equally among them.


Class II Heirs: If there are no Class I heirs, the property is distributed among Class II heirs, which include:


  • Father

  • Siblings

  • Grandparents

  • Aunts and Uncles


The Class II heirs inherit in the order of entry, meaning that if a higher-ranked heir exists, they will inherit to the exclusion of lower-ranked heirs.


Agnates and Cognates: In the absence of both Class I and Class II heirs, the property is inherited by agnates (relatives through the male line) and then by cognates (relatives through the female line).


The Hindu Succession Act, 1956, outlines a specific order of succession for the property of a Hindu female who dies intestate (without a will). The hierarchy of heirs is distinct and different from that of a Hindu male. Here is the detailed hierarchy of succession for a Hindu female:


1. First Tier: Sons, Daughters, and Husband


Upon the death of a Hindu female, her property devolves firstly to:

  • Sons and Daughters (including children of any predeceased son or daughter)

  • Husband


These heirs inherit equally. If the deceased has more than one son or daughter, the property is divided equally among all the children and the husband.


2. Second Tier: Heirs of the Husband


If there are no heirs from the first tier, the property devolves to the heirs of the husband. This includes:

  • Class I heirs of the husband as per the Hindu Succession Act, which may include his sons, daughters, widow, and mother.


3. Third Tier: Mother and Father


If there are no heirs of the husband, the property devolves to:

  • Mother and Father of the deceased female.


4. Fourth Tier: Heirs of the Father


In the absence of heirs from the mother and father, the property goes to the heirs of the father, which include:

  • Siblings of the deceased female

  • Nieces and Nephews (children of the deceased’s siblings)


5. Fifth Tier: Heirs of the Mother


If there are no heirs from the father's side, the property finally devolves to the heirs of the mother, which may include:

  • Maternal Uncles and Aunts

  • Maternal Cousins (children of maternal uncles and aunts)

Similarly, for Christians and Parsis as well, the default schedule under the Indian Succession Act, 1925 is followed. 

Special Considerations

Rights of Women: The Hindu Succession (Amendment) Act, 2005, ensures that daughters have equal rights as sons in ancestral property, promoting gender equality in inheritance.

Conclusion

Dying without a will can complicate the distribution of assets and potentially lead to disputes among heirs. The Hindu Succession Act, 1956, provides a framework for inheritance when it comes to Hindus, Sikhs, Buddhists and Jains, ensuring that the deceased's assets are distributed fairly among their family members. However, creating a will can provide more control and clarity over the distribution of one’s assets. Why leave it all to chance?

Other Blogs

Other Blogs

21 December 2024 | Wills

When is a Will Said to Be Validly Executed? Can it Be Contested?

Continue Reading

21 December 2024 | Wills

What happens to a person's assets if they die without a will in India?

Continue Reading

21 December 2024 | Wills

Who can be a witness under the Will? How can a witness attest the Will?

Continue Reading

No Grey Private Limited

Email - pritika@nogrey.legal | bambi@nogrey.legal

Contact - +91 9971002367 | +91 80536 17629

Copyright © 2024 No Grey Private Limited - All Rights Reserved.

MidTown Building,

Road Number 1 Banjara Hills,

Hyderabad, Telangana, India

50034

Logo

No Grey Private Limited

Email - pritika@nogrey.legal | bambi@nogrey.legal

Contact - +91 9971002367 | +91 80536 17629

Copyright © 2024 No Grey Private Limited - All Rights Reserved.

MidTown Building,

Road Number 1 Banjara Hills,

Hyderabad, Telangana, India

50034

Logo

No Grey Private Limited

Email - pritika@nogrey.legal | bambi@nogrey.legal

Contact - +91 9971002367 | +91 80536 17629

Copyright © 2024 No Grey Private Limited - All Rights Reserved.

MidTown Building,

Road Number 1 Banjara Hills,

Hyderabad, Telangana, India

50034

Logo