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Intestate Succession: Understanding the Basics

Intestate Succession: Understanding

the Basics
by Adv. Praneeth GN
★★★★★
4.8

4.8

3 mins

224
Introduction
• This situation is known as intestate Succession, when a person
passes away without leaving a Will or Trust. Their assets are
distributed to selected family members who are entitled to an
inheritance under the laws of the State where the decedent
resided at the time of death. The location they referred to as their
home.
• When a person dies with a valid Will, their assets are distributed
between the beneficiaries named in the WillWill and any trusts
they may have created. Always register a Will to avoid any
ambiguity in the future.
• Intestate succession laws are designed to identify and rank heirs
to divide the decedent’s assets in a fair, legal, and structured way.

What is Succession?
In general terms, Succession refers to inheritance. Succession arises
after a person passes away. Marriage, divorce, adoption, division,
intestacy, Succession, and other personal law-related issues are
covered by the Indian Constitution through Entry 5 in List III.
Therefore, issues coming under the purview of personal laws may be
regulated by either the State or the Center.

Most of the time, The Hindu Succession Act, specifies the succession
laws that apply to Hindus, Sikhs, Buddhists, Jains, etc. It includes the
vast majority of Indians. The Sharia Law, which is relevant to Muslims,
comes next. The Indian Succession Act is the next, and it pertains to
Christians and other people who are not protected by the Hindu
Succession Act and Sharia Law. In a nation as dynamic and diverse
as India, Succession is a highly delicate topic. It could be either.

1. Testamentary Succession- dying with a Will.

2. Intestate Succession- dying without a Will.

Get The Right Legal Advice For Your Intestate Succession.

Our Experienced Lawyers Understand The Intricacies Of
Succession Laws, Helping You Secure Your Rightful Assets

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Where does Intestate Succession apply?

A person’s wishes regarding his estate are essentially expressed in a
Will, which also arranges for its transfer after his death. When a
person dies without making a Will or when that WillWill cannot be
used to dispose of an asset because it contains an invalid or illegal
bequest, that person is said to have died intestate. Both full and partial
intestacy is possible.

If a person passes away intestate, the Indian Succession Act specifies

how to transfer their possessions. According to the pertinent personal
legislation, the assets become vested. Given that certain assets are
more profitable than others, there are significant complications when
there are multiple heirs.
Intestate Succession for Hindus
Hindu intestate succession law was amended and consolidated in
1956 with the passage of the Hindu Succession Act. It encompasses
and applies to everyone who practices their religion or who is legally
categorized as a Hindu (including Buddhists, Jains, and Sikhs). In
2005, the law was changed once more.

1. Hindu Male Intestate Succession

According to the terms of this Act, the following parties may file a
claim in the event that a Hindu man passes away intestate:

• First Claim: Heirs of Class I legally. They are each entitled to the
assets equally.
• Mother, husband, and kids are who they are. When a kid passes
away, their spouse and children each receive an equal part;
• Second Claim: The Class II heirs may assert a claim in the
absence of the Class I heirs. They include the father, sibling,
grandchildren of living children, children of siblings, etc.;
• Third Claim: The Agnates may assert a claim in the absence of
Class I and Class II heirs. Agnates are the male lineage’s distant
blood relatives on the father’s side.
• Fourth Claim: The Cognates may assert a claim in the absence of
Class I, Class II, and Agnates. Cognates are the female line’s
distant blood relatives on the mother’s side.

From Understanding The Laws To Filing Claims, Our Legal

Experts Are Here To Simplify The Intestate Succession
Process. Let Us Help You Secure Your Rightful Inheritance

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1. Hindu Female Intestate Succession

The following people may assert their rights in the instance of a Hindu
woman:
 • First Claim: The spouse, sons, and daughters may file a claim;
• Second Claim: If the first claimants are not present, the husband’s
heirs may file a claim;
• Third Claim: The mother and father may file a claim if the first and
second claimants are not present;
• Fourth Claim: The father’s heirs, in the absence of the
aforementioned claimants;
• Fifth Claim: The mother’s heirs may also assert a claim even in
the absence of the father’s heirs.

In 2005, the Hindu Succession (Amendment) Act, which amended

Sections 4, 6, 23, 24, and 30 of the 1956 Act, went into effect. This
amendment’s main goal was to introduce rules granting daughters and
wives the same rights as male coparceners, including subjecting them
to the same responsibilities and restrictions. In the past, although full
property ownership by the female members was desired, the only
property to which a woman was entitled was the “stridhan.” The laws
for female intestate Succession were more stringent before this
amendment.

When a Hindu passes away intestate and without any of the

aforementioned heirs, the property passes to the State Government
following the correct procedures of Hindu Law.

Intestate Succession for Muslims

• Sharers and residuary are the only parties eligible to file a claim if
a person subject to Mohammedan Law passes away intestate.
• The heirs entitled to a specified share are known as “sharers,” and
“residuaries” inherit the remaining assets.
• A class of people known as Distant Kindred might claim the
deceased’s property in the absence of sharers and residuary.

In the case of intestate Succession, the widow of the deceased is

entitled to one-fourth of the inheritance if she is childless and one-
eighth of the property if she is a parent. In contrast, a widower
receives a half portion of the decedent’s estate if there are no children
and a quarter share if there are. A son is supposed to get twice as
much as a daughter does. Only one daughter receives her father’s
portion of the estate.

Intestate Succession for Christians

According to Section 32 of the Indian Succession Act 1925, a
Christian’s legal heirs are their spouse or a close family member.

Don't Let Legal Hurdles Slow Your Inheritance Process. Our

Legal Advisors Specialize In Intestate Succession, Helping You
Understand And Navigate The Laws Of Inheritance

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Conclusion
The people of India should practice estate planning to prevent the
difficulties and effects of intestate Succession. Estate planning offers
several advantages, including preventing family conflicts, ensuring a
smooth transfer of assets to the heirs, protecting the deceased’s
wealth, encouraging better tax planning, etc.

Dying without creating a Will may create chaos among the family
members. To take the help of a legal expert in making &
registering your Will get online advice.
Make A WillClass II heirsDistant KindredHeirs of Class ISection 32 of the Indian Succession
Act 1925

Adv. Praneeth GN
★★★★★
4.8

4.8 | 85+ User Reviews

Praneeth GN is a legal consultant who prioritises ethical and professional conduct. He graduated
with (B.A. and LL.B) from the K.L.E. Society Law College. With more than 8 years of experience in
handling legal cases independently. He has the potential to understand and explain complicated
legal words in simple terms to clients.
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