Intestate Succession under Muslim Law

What is Intestate Succession?

When someone passes away without leaving a will, it’s referred to as intestate succession and describes who inherits their property after them. In intestate succession, the property is passed down by the legislation or tradition that the departed is controlled. The Hindu Succession Act, 1956, states that when a Hindu dies intestate, or without leaving a testament, his heirs inherit both separate and joint family property. A son was entitled to share in joint family property from birth under Hindu law. The gender discriminatory clauses of the Hindu Succession Act, 1956, was repealed by the Hindu Succession (Amendment) Act, 2005. The Hindu Succession (Amendment) Act, 2005, now grants daughters the same rights to inherit from the estates of their fathers, grandfathers, and great-grandfathers....

Intestate Succession under Different Religions

Intestate succession varies among religions, shaping how assets are distributed when there’s no will....

1. Intestate Succession under Muslim Law

There is no codified legislation concerning intestate succession among Muslims. They are regulated by laws found in religious books. The difference between self-acquired and inherited property is nonexistent among Muslim religion. When an ancestor passes away, the heir’s rights are created....

2. Intestate Succession under Other Religions

Christians and Parsis are subject to intestate succession laws under the Indian Succession Act of 1925. There are some ideas that are shared by all faiths, even if each one has its own unique set of laws regarding intestate succession....

Frequently Asked Questions on Intestate Succession – FAQs

What are inheritable rights?...