- 07-Jun-2025
- Cyber and Technology Law
Self-acquired property refers to assets or property that a person acquires through their own effort, without inheriting it from anyone else. After the person’s death, this property can be distributed among legal heirs as per the instructions in the will or under the provisions of intestate succession if there is no will. Understanding how to divide such property is essential to ensure the deceased's wishes are honored and to avoid disputes.
If the deceased has created a will specifying how their self-acquired property should be divided, the property will be distributed as per the terms of the will.
The will must be executed according to the legal formalities, i.e., it must be signed by the testator in the presence of two witnesses.
If the property is located in areas where probate is mandatory, the beneficiaries need to apply for probate in a court. This confirms the legitimacy of the will and allows the distribution of the property according to the deceased’s wishes.
If the person dies without a will, the self-acquired property will be divided according to the rules of intestate succession under the Indian Succession Act (for non-Hindus) or personal laws (for Hindus, Muslims, Christians, etc.).
In case of a Hindu male’s death, the property will be distributed among his legal heirs, which may include his wife, children, and mother.
The self-acquired property can be divided equally between the wife, children, and mother if they are the legal heirs.
Under Muslim law, self-acquired property is generally inherited by the deceased’s spouse, children, and other legal heirs as specified under the Muslim personal law.
Similar to other communities, under Christian and Parsi law, if there is no will, self-acquired property will be inherited by the legal heirs based on the respective personal laws of inheritance.
If the deceased had no will, the property will be divided equally among the legal heirs. The legal heirs could include the spouse, children, parents, and sometimes even siblings, depending on the personal law applicable.
Self-acquired property of a Hindu male is typically divided among his wife, children, and mother. If there are sons and daughters, they will inherit an equal share.
The wife, children, and parents of the deceased will inherit the property as per the fixed shares under Muslim personal law.
Under most personal laws, the spouse of the deceased has a right to inherit self-acquired property. However, the share will vary based on the existence of children, parents, or other relatives.
For instance, if a Hindu male dies without a will, his wife is entitled to a share along with his children and mother.
In Muslim law, the spouse’s share is defined according to a fixed share in the property.
Disputes may arise in the division of self-acquired property, especially in the absence of a clear will. Legal proceedings in such cases can be lengthy and costly.
The heirs can approach the court for a formal division of property if they cannot agree.
A partition suit may be filed to divide the property in case of disagreements among the heirs.
If the deceased property was jointly owned (e.g., a husband and wife jointly owned self-acquired property), the surviving spouse may have the right to inherit the deceased’s share.
If the deceased transferred or gifted the self-acquired property to someone before death, such transactions may be challenged if they are believed to be fraudulent or made under duress.
To ensure the proper division of property, it is advisable for the heirs to consult a lawyer. A lawyer can help with legal formalities such as applying for probate, resolving disputes, and ensuring compliance with applicable laws.
In some cases, heirs may need an heirship certificate or succession certificate from the court to prove their legal right to inherit the property. This is especially useful when there are disputes or challenges regarding the inheritance.
A man, Mr. Sharma, owned a self-acquired house. He passed away without a will. According to the Hindu Succession Act, his property would be equally divided among his wife, children, and mother. If he had one wife, two children, and a mother alive at the time of his death, each would receive an equal share of the property. However, if there were any disputes between the heirs, they could file a partition suit in court to settle the matter.
Answer By Law4u Team
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