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Indian Succession Act 1925 - Indian Inheritance Laws

 By :()T imes Property (mailto:)  15 February, 2023 

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Introduction
A Complete Guide On Inheritance Laws in India

Table of Contents 

T he Indian Succession Act of 1925 - T he Inheritance Laws

What Is A Will And How Does It Relate To T he Indian Succession Act?

 In T he Absence Of A Will, How Is Property Distributed Under T he
Indian Succession Act?
(https://timesproperty.com/)

T he Indian Succession Act Of 1925

Hindu Succession Act

Non-Resident Indians Have T he Right To Inherit Property In India

Law Of Succession For Muslims In India

T he Indian Succession Act For Christians T hroughout India

Takeaway

FAQs

The Indian Succession Act of 1925 - The Inheritance Laws

Property division is a contentious issue in the majority of households. When a
property owner dies without distributing shares in his or her property, it
frequently leads to property disputes. In the absence of testamentary documents
such as a will, the Indian Succession Act comes into play. A will is a legal
document created by the property owner that allows him to specify how his
property will be distributed after his death. Making a will is not required, but it
can prevent many family disputes.
What Is A Will And How Does It Relate To The Indian Succession
Act?(https://timesproperty.com/)

Image Source: Pinterest

In the absence of the property's owner, a Will is a document that clearly lists all
of the assets that are to be divided among the heirs. T he document should
include all movable and immovable property
(https://timesproperty.com/news/post /what-is-immovable-property-blid2345), such
as mutual funds, savings, fixed deposits, gold, and so on. T he assets should be
divided clearly, with who inherits what and signed by two witnesses. T he Indian
Succession Act of 1925, which governs wills, makes no specific format or technical
(https://timesproperty.com/)
requirements.

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A Will can be made or changed as many times as necessary by anyone who is not
a minor and is of sound mind.

In The Absence Of A Will, How Is Property Distributed Under The

Indian Succession Act?
If a person dies intestate (without leaving a Will), his or her property is divided
equally among his or her legal heirs after the death certificate is issued, according
to the Indian Succession Act . T he authority issues a notice seeking any claims on
the property. Legal heirs can decide their shares peacefully, but if there is a
disagreement , the matter is handled by the court , where it is resolved according
to the law.

The Indian Succession Act Of 1925

T he Indian Succession Act of 1925 addresses two types of succession:

1. Testamentary Succession

2. Non-Testamentary Succession / Intestate Succession

Testamentary succession applies when the deceased has left behind a Will. T he
estate is distributed in accordance with the Will.

In the absence of a Will, property is distributed according to the rules of intestate

succession.

T he Indian Succession Act's intestate succession laws differ depending on religion.

In the absence of a Will, Hindus, Muslims, and Christians have different succession
laws.
Hindu Succession Act
(https://timesproperty.com/)

Image Source: Pinterest

T he Hindu Succession Act of 1956 was intended for Hindus, Jains, Buddhists, Sikhs,
and Arya Samaj members.

Legal heirs for male Hindus are divided into four categories. T he property will be
completely transferred to the lawful heirs named in Class 1. Class 1 relatives
include the wife, son/daughter, mother, son/daughter of the deceased
son/daughter, widow of the deceased son, and a few others, according to T he
Hindu Succession Act .

T he widow, mother, and each of the children would receive an equal share of the
property. If one of the children dies, his or her spouse and children will receive a
portion of the inheritance. If the deceased has left a Will, the testamentary laws
of succession under the Indian Succession Act will apply.

T he Hindu Succession Act has put Class 2 relatives in order. In the absence of
Class 1 relatives, the estate will be divided equally among the legal heirs
specified in Class 2. Relatives in Class II have been arranged in order, with the
intention of giving priority to the relative identified first in the list . If the first
designated relative is not present , the second person receives the entire amount ,
and so on.

T he father is listed first in this schedule, followed by the brother/sister, and so on.
As a result , if no relatives are present in class 1 and the father is present , the
father will receive the entire inheritance. If the owner's father is not present , his
siblings will inherit the entire estate.
Class 3 and 4 relatives have a place in the Hindu Succession Act . T hey are
Agnates (relationships only through males) and Cognates (relationships not
(https://timesproperty.com/)
entirely through males). In the Hindu Succession Act , agnates are given preference
over cognates.

T he Hindu Succession Act class 1 relatives for female Hindus are similar. T he
husband, children, and children of a deceased son/daughter are all on the list . If
one of them is still alive, the estate will be distributed to the husband's heirs. If
the husband has no heirs, the estate will be divided between the deceased's
mother and father, assuming they are still alive.

T he Hindu Succession Act includes a special provision for property inherited

(https://timesproperty.com/news/post /property-is-inherited-as-per-the-personal-
law-of-the-deceased-blid1144) by a female Hindu from her father or mother. If
she does not leave a son or daughter, her father's lawful heirs will inherit the
property.

T he Hindu Succession Act also provides that if two people die at the same time,
such as in a car or plane accident , and the accurate time of death of both cannot
be determined, the elder one is presumed to have died first until the contrary is
proven. An individual who murders another individual will also not inherit his
estate.

His descendants, on the other hand, are not barred from inheriting. T hese Hindu
Succession Act clauses are noteworthy because they shift the succession line/ratio
of the estate passing to lawful heirs.
 (https://timesproperty.com/)

Image Credit: LawColumn

Non-Resident Indians Have The Right To Inherit Property In India

A non-resident Indian (NRI) can inherit property in India
(https://timesproperty.com/news/post /inheritance-law-in-india-for-nris-blid488) in
two ways, according to the Indian Succession Act 1925. First , from someone who
lives in India. Second, from another NRI who acquired the property during the
relevant period under foreign exchange law. If a person dies with property in India
(https://timesproperty.com/property-in-india-cnid-1) but no domicile, the case will
be governed by the laws of the nation where the deceased person was domiciled.
Furthermore, in India, property inheritance is governed by personal law.
Law Of Succession For Muslims In India
(https://timesproperty.com/)

Image Source: Pinterest

T he Indian Succession Act of 1925 and the Hindu Succession Act do not apply to
Muslims, regardless of whether it is testamentary or intestate succession. Shias
and Sunnis are treated differently. In the case of testamentary succession, Hedaya
or Fatawa Alamgiri is the guiding authority. According to Muslim Law, the
deceased's assets must be used to pay the following expenses in the following
order:

Funeral and bereavement costs.

Expenses incurred in obtaining probate, letters of administration, or succession

certificates.

Payment of all wages owed to any labourer, craftsman, or domestic servant for
services rendered to the deceased within three months of his death.

Other debts owed by the deceased must be paid.

Bloodlines are restricted to one-third of what's left after making all of the
aforementioned payments, according to the Hanafi Law.
 T he remaining two-thirds will be made available to heirs in the event of
intestacy.
(https://timesproperty.com/)

Unlike the Indian Succession Act or the Hindu Succession Act , Muslim inheritance
rules entitle the deceased's widow to one-fourth of the property if she is childless
and one-eighth if she has children. A widower, on the contrary, receives half of the
deceased wife's estate if there are no children, and one-fourth if there are children.
A son is supposed to be given two times as much as his sisters. Only one daughter
inherits half of her father's property.

According to the Muslim Law of Inheritance, the sharers are the wife, mother, and
children, while the next kin falls under the category of residuary. In the absence of
sharers and residuary, the estate is distributed to distant relatives.

The Indian Succession Act For Christians Throughout India

T he Indian Succession Act governs Christian property rights in India. Prior to 1925,
territories such as Cochin, Travancore, Pondicherry, Goa, Daman, and Diu had their
own set of rules, but the Indian Succession Act brought them all together. Some
Christians still adhere to their traditional laws.

Men and women are treated equally under Christian inheritance and succession
law. According to Sections 31 to 49 of the Indian Succession Act , if a man leaves
behind his wife and children, his widow will receive one-third of his property, while
the remaining two-thirds will be given to his direct lineage. In the absence of
children, the wife receives half of the estate, with the other half going to the
kindred.

If she does not have children or relatives, the widow will receive the entire
inheritance. In the apparent lack of the widow, the estate will be divided equally
among the children. If their parents die, their children's children (grandchildren)
will receive a share.
 (https://timesproperty.com/)

Image Source: Pinterest

Takeaway
Inheriting parental property can provide you with the property. T here are various
inheritance laws that apply to the succession of the property. It can be difficult to
understand these laws without the proper knowledge and assistance. T his article
explains the complexities of the Indian Succession Act and the Hindu Succession
Act in order to give you a better understanding of the process.

Also Read: Bequeath: How to Leave a Gift to Charity in Your Will |T imesProperty
(https://timesproperty.com/news/post /how-to-bequeath-property-to-charity-
blid3642)

FAQ

What is the new inheritance law in India?

Who are the legal heirs under Indian Succession Act?

Which property can be given in Will under Indian Succession Act?

Who is not entitled to inheritance under the Hindu Succession Act?

News
(https://timesproperty.com/)

(https://timesproperty.com/news/post/inheritance-
rights-of-children-all-you-need-to-know-blid5573)
Inheritance Rights Of Children: All Yo u Need To Kno w
Parents always want the best for their children, and they want to
take care of all their needs (during their lifetime and even after
their death) successfully As a result, parents add their childre
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rights-of-children-all-you-need-to-know-
blid5573)
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