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:
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)
Intestate succession for Christians under the Indian Succession Act, 1925
Under the Indian Succession Act, 1925, if a Christian dies intestate (without a will), their property is distributed in the manner given below.
Order of Succession:
Spouse and Lineal Descendants: The property is first divided among the surviving spouse and lineal descendants (children, grandchildren, etc.). If the deceased leaves behind a spouse and children, the spouse gets one-third of the estate, and the remaining two-thirds are equally divided among the children.
Spouse and No Lineal Descendants: If there are no lineal descendants but the deceased has left behind a spouse and other relatives (such as parents, siblings), the spouse inherits half of the estate, and the remaining half is distributed among the other relatives.
No Spouse or Lineal Descendants: In the absence of a spouse and lineal descendants, the estate is distributed among the other relatives based on their proximity to the deceased.
Intestate succession for Parsis under the Indian Succession Act, 1925
Order of Succession:
Spouse and Lineal Descendants: The surviving spouse and children inherit the property in equal share.
Spouse and No Lineal Descendants: If the deceased has no children but leaves behind a spouse and other close relatives, the spouse gets a specified share, and the rest is distributed among the next closest relatives.
No Spouse or Lineal Descendants: If there are no immediate family members, the estate is divided among the extended family, following a predefined hierarchy outlined in the Act.
Where a Parsi leaves behind one or both parents in addition to leaving behind a spouse and children, the property will be divided in a way so as the parents also receive a share equal to half the share of each child.
Key Points to Remember
Stridhan: The property that a Hindu female receives as a gift or inheritance is known as stridhan. She has full ownership of stridhan and can dispose of it as she wishes during her lifetime. The above succession rules apply if she dies intestate (without a will).
Property Inherited from Parents: If a Hindu female inherits property from her parents, it will devolve first upon her father's heirs in case she dies without leaving any children.
Property Inherited from Husband or Father-in-law: If she inherits property from her husband or father-in-law, it will devolve first upon her husband's heirs.
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.
Widow Remarriage: The remarriage of a widow does not affect her right to inherit her deceased husband's property.
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 clear hierarchy for inheritance, 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. Intestate succession under the Indian Succession Act, 1925, provides a clear and systematic approach for distributing the estate of Christians and Parsis in India. By following the outlined rules, families can ensure a fair and lawful inheritance process, safeguarding the rights of all legal heirs.
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