What Happens If Someone Dies Without a Will?
Property doesn't just sit in limbo — the law has a specific, fixed order for who inherits.
When a person dies "intestate" (without a valid will), their property is distributed according to the succession law that applies to their religion — for most Hindus, Buddhists, Sikhs and Jains, that's the Hindu Succession Act, 1956; other communities follow the Indian Succession Act or their own personal law.
Under Hindu law, "Class I heirs" — including the widow/widower, sons, daughters, and mother — inherit first, and simultaneously, in equal shares (a daughter's share is fully equal to a son's). Only if there are no Class I heirs does the property move to Class II heirs (father, siblings, and others, in a specific order).
In practice, heirs typically need a legal heir certificate or succession certificate (obtained from a local revenue office or civil court) to actually transfer bank accounts, property titles, or other assets into their names.
Sets the default inheritance order absent a will, for the communities it covers
Still wondering about...
Do all Class I heirs get exactly equal shares?
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