Rules Relating to Intestate Succession

If a Hindu dies without any will and without any heir, what will happen to his/her estate?

In a case where a person who has departed has no heir or no decedents, the government will undertake the estate of such person according to the applicable rule.

Do daughters have equal rights in inheritance as compared to son?

From birth, a son is entitled to share in joint family property under Hindu law. The Hindu Succession Act, 1956 contained gender discriminatory provisions which was succeeded by the Hindu Succession (Amendment) Act, 2005 to remove such gender discrimination in inheritance. Now, daughters have equal inheritance rights under the Hindu Succession (Amendment) Act, 2005.

Is there any difference between shares of inheritance in Muslim law?

Muslim does not make any gap between the rights of males and women. On the death of their ancestor, nothing can prevent both girl and male kid to becoming the legal heirs of inheritable property. But generally speaking, it’s discovered that the quantum of the share of a female heir is half of that of the male heirs. The reason for this is that, in accordance with Islamic law, a woman will receive maintenance and mehr from her spouse, while men will only receive the property of the ancestors for inheritance.

Does a criminal or convicted person possess eligibility to inherit under Muslim laws?

Under Muslim personal rules, an heir being a felon or a criminal does not always exclude him to inherit his portion of the property. However, under Hanafi law, if an heir is accountable for the death of the deceased whose property he is to inherit, irrespective of the crime being deliberate, he is disqualified to inherit. According to Shia law, an heir is only ineligible for inheritance if he deliberately caused the death of the decedent.

When does the property go to agnates?

The agnates have the right over the property when there are no heir in class I and class II.

Reference:

• Legal Studies, Class XI- NCERT
• INDIA CODE

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.

An individual who passes away without leaving a will is referred to as intestate, and the transfer of his assets is known as intestate succession. Under intestate succession, the assets are passed down by the legislation or customs that govern the decedent. The Indian Succession Act delineates the process for distributing an individual’s belongings in the event of an intestate death. As per the relevant personal statute, the assets acquire vested rights. There are major issues when there are several heirs since some assets are more profitable than others.

Key Takeaways

• When a person passes away without leaving a valid and legal will, they are considered intestate, and the transfer of their assets or estate is referred to as intestate succession.
• Property can be transferred through inheritance. The right of an heir to inherit property upon the death of an ancestor through a line of succession is known as inheritance.
• An heir is a person who has the legal right to inherit assets following the passing of an intestate.
• Every religion has its regulations to cover intestate succession, some religion follows the succession act, while some follow their religious scripture.