Law4u - Made in India

What if the deceased was a Muslim, Christian, or Parsi?

Answer By law4u team

If the deceased was a Muslim, Christian, or Parsi in India, the laws of succession and inheritance that apply depend on their personal laws (religious laws) and sometimes general civil laws. Here's a summary: If the Deceased was a Muslim Governing Law: Muslim Personal Law (Shariat) Application Act, 1937 Inheritance is governed by Islamic law (Sunni or Shia as applicable). There is no concept of absolute testamentary freedom; only one-third of the estate can be given by will to non-heirs. Property is distributed among legal heirs according to fixed shares. Succession certificate is needed for movable properties, like bank accounts. No need for probate unless the will is disputed. If the Deceased was a Christian Governing Law: Indian Succession Act, 1925 Intestate succession (when there's no will) is governed by Section 31 to 49 of the Act. Widow and children are primary heirs. If there is no will, the estate is equally divided among widow and children (if any). If no children, widow inherits the entire estate. If no widow or children, other relatives inherit. Probate is necessary if the will was executed in certain jurisdictions (like presidency towns). If the Deceased was a Parsi Governing Law: Indian Succession Act, 1925 (Sections 50 to 56) If intestate, property is distributed among Class I heirs (lineal descendants, spouse, parents) and then Class II. Widow, children, and parents usually inherit first. If there are no heirs, property may escheat to the government. Parsis can make a will and dispose of entire property freely. Probate of will is required if executed in certain jurisdictions.

Answer By Ayantika Mondal

Dear Client, If the deceased is a Muslim, inheritance and succession are regulated by Muslim Personal Law (Shariat).It grants fixed shares to relatives such as spouse, children, and parents, depending upon Sunni or Shia traditions. In the case of Christians, the Indian Succession Act, 1925 is applicable. The property will generally go to the spouse and children, or other relations if no children exist. In the case of Parsis, the same Act applies to succession but under certain provisions. Property is divided among near relatives with somewhat different provisions than those applicable to Christians. There is a personal law for each community, and these personal laws are followed by courts in cases of inheritance. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Succession Certificate Verified Advocates

Get expert legal advice instantly.

Advocate R V Bhalgariya

Advocate R V Bhalgariya

Anticipatory Bail, Breach of Contract, Civil, Criminal, Cheque Bounce, Domestic Violence, Cyber Crime, Family, High Court, Succession Certificate, Motor Accident, R.T.I, Property, Muslim Law, Divorce, Child Custody, Arbitration, Court Marriage, Consumer Court

Get Advice
Advocate A P S Arora

Advocate A P S Arora

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Madupu Chakrapani

Advocate Madupu Chakrapani

Armed Forces Tribunal,Consumer Court,Cyber Crime,Divorce,Family,High Court,Cheque Bounce,Anticipatory Bail,Documentation,Succession Certificate,

Get Advice
Advocate Himanshu Sharma

Advocate Himanshu Sharma

Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Divorce, GST, Domestic Violence, Family, High Court, Labour & Service, Recovery, Anticipatory Bail, Criminal, Cyber Crime, Documentation, Muslim Law, Medical Negligence, NCLT, Succession Certificate, Motor Accident, R.T.I, Trademark & Copyright, Tax

Get Advice
Advocate Niladri Shekhar Pal

Advocate Niladri Shekhar Pal

Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Media and Entertainment, Motor Accident, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Kamleshwar Singh Rathaud

Advocate Kamleshwar Singh Rathaud

Cheque Bounce,Criminal,Domestic Violence,Motor Accident,Succession Certificate,

Get Advice
Advocate Pramod Kumar Daksh

Advocate Pramod Kumar Daksh

Anticipatory Bail,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Divorce,Documentation,Domestic Violence,Family,Medical Negligence,Motor Accident,Muslim Law,Property,Recovery,Succession Certificate,Wills Trusts,

Get Advice
Advocate Sumit Kumar Yadav

Advocate Sumit Kumar Yadav

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Labour & Service, Medical Negligence, Motor Accident, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Santanu Deka

Advocate Santanu Deka

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Muslim Law, Succession Certificate, Wills Trusts

Get Advice
Advocate Yogesh Kumar Gautam

Advocate Yogesh Kumar Gautam

Banking & Finance, Cheque Bounce, Civil, Consumer Court, Cyber Crime, Documentation, Insurance, Landlord & Tenant, R.T.I, Recovery, Succession Certificate, Wills Trusts

Get Advice

Succession Certificate Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.