Who Can Claim Property in the Absence of a Will?

In the absence of a will (intestate), property is distributed according to the laws of intestate succession, which vary depending on the religion of the deceased. In India, these laws are primarily governed by personal laws for different communities, such as the Hindu Succession Act, 1956, Muslim Personal Law, and Indian Succession Act, 1925 (for non-Hindu communities).

1. For Hindus (Including Sikhs, Jains, and Buddhists) - Under the Hindu Succession Act, 1956

In the case of intestate succession for Hindus, the Hindu Succession Act, 1956 governs the distribution of property. The distribution depends on whether the deceased person has left behind a surviving spouse, children, parents, and siblings.

Class I Heirs (Primary Heirs):

These include the closest family members and have the first right to the property. Class I heirs are:

• Sons and daughters (including children of predeceased sons/daughters)
• Widow
• Mother
• Son-in-law
• Daughter-in-law
• Grandchildren

If the deceased has a surviving spouse, children (including those adopted), and parents, they will share the estate equally.

Class II Heirs:

If there are no Class I heirs, the property will go to Class II heirs. These include:

• Father
• Brother or sister
• Uncles, aunts, and cousins

If no Class I or Class II heirs exist, the property may pass to agnates (blood relatives on the father’s side) or cognates (blood relatives on the mother’s side).

In case of no heirs at all, the property will be escheated to the State.

Example:

If a Hindu man passes away intestate (without a will) and is survived by his wife and two children, the property will be divided equally between the wife and the two children, each receiving one-third of the estate.

2. For Muslims - Under Muslim Personal Law

Muslims in India follow Muslim Personal Law (Shariah), which governs inheritance. The key distinction is that Muslim law does not follow the principle of equal division among heirs, and instead, it is based on specific shares prescribed by the Quran and Sunnah.

Sons and daughters inherit, but sons receive double the share of daughters.

Parents, spouse, siblings, and grandparents are also entitled to a share in the property.

Wives receive one-eighth of the deceased's property if there are children, and one-fourth if there are no children.

Example:

If a Muslim man dies intestate, his estate will be distributed among his heirs according to the shares prescribed in Muslim law. For example, if he has a wife, two sons, and one daughter, the wife will receive 1/8th of the estate, while the sons and daughter will receive shares in the remaining portion, with the sons receiving twice the share of the daughter.

3. For Christians and Parsis - Under the Indian Succession Act, 1925

Christians and Parsis are governed by the Indian Succession Act, 1925, for intestate succession. In the absence of a will, property is generally distributed as follows:

For Christians:

Surviving spouse and children (sons and daughters) have equal rights to the property. The property is equally divided among them.

If the deceased has no surviving spouse or children, the property will pass to the parents, siblings, or other relatives.

For Parsis:

Spouse and children are the first in line.

Parents and siblings are also entitled to a share if no spouse or children exist.

Example:

If a Christian woman passes away intestate, leaving behind a husband and two children, the property will be divided equally among the three.

4. Procedure for Claiming Property in the Absence of a Will

When a person dies intestate, the process for claiming property involves the following steps:

Identify the Legal Heirs:

The first step is to identify the legal heirs according to the applicable personal law (Hindu, Muslim, Christian, etc.).

Obtain a Legal Heir Certificate:

The legal heirs must obtain a Legal Heir Certificate from the local revenue authorities or the court. This certificate proves their relationship to the deceased and is essential for claiming property or assets like bank accounts, insurance policies, etc.

File an Application for Succession Certificate (if needed):

In some cases, particularly for movable assets like shares or bank accounts, a succession certificate may be required. This is obtained from the civil court.

Property Division:

After obtaining the necessary legal documents (Legal Heir Certificate, Succession Certificate, etc.), the property is divided according to the applicable laws of succession, as discussed above.

In Case of Disputes:

If there is a dispute over the rightful heirs or the distribution of property, the matter may need to be resolved in court. The court will look at the family records, documents, and evidence to determine the rightful heirs.

Example Case:

A man named Mr. Sharma passes away intestate, leaving behind his wife and two children. His wife is entitled to one-third of the property, and the two children will each receive one-third as well. The family will need to obtain a Legal Heir Certificate from the local authorities to begin the process of dividing the property.