Both can inherit the total property if there are no children, relatives or distant kin. Two-third share of the property is equally divided among the children if the spouse of the deceased is alive. If the spouse of the deceased is no more, the complete property is equally divided among the children.
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Inheritance is not only a source of income for many but also a symbol of lineage in Indian society. It is important to know the laws of inheritance, so your rights are protected. Thorough knowledge of the Inheritance laws in India would be helpful for all legal heirs of any property or asset so as to avoid legal hassles, family feuds or any kind of property fraud. All claimants need to know if they are legal heirs, whether there is a Will or whether succession laws are to be followed.
Also read: What is Property Title Fraud
If you are wondering what law of inheritance is, let us try to simplify the definition for you. You may define inheritance as the transfer of property, assets, titles, rights, debts and obligations to another individual after the death of the holder of the said elements.
What is Law of Inheritance or Succession Law
Inheritance laws in India are also legally called Succession Laws. There are two situations to consider for inheritance:
A Will/Testament
Laws of Intestate Succession
The properties that fall under the Laws of inheritance are:
Ancestral Property and
Self-Acquired Property
Remember that inheritance laws in India are based on the rules of the faith followed by the holder of the property. Anybody who is entitled to receive shares of property, either through a Will or by succession acts, is a legal heir.
Hindu Inheritance Laws
The Hindu Succession Act covers inheritance among the Sikhs, Jains, Buddhists and Arya Samaj. The beneficiaries under Hindu inheritance laws are classified into various classes based on the relationship with the holder – Class I, Class II, Agnates and Cognates. You would see this most commonly in a HUF (Hindu Undivided Family) though applicable in nuclear families too.
On the demise of a Hindu male, the Class I heirs get equal shares. If there is no Class I heir, the preference passes on to the Class II heirs. In the absence of any Class I and II heirs, the Agnates and Cognates get equal shares of the property. If the deceased holder dying intestate has no heirs as per the classes mentioned, the property is declared Escheat and the Government establishes rights on it.
On the demise of a Hindu female, the property is equally divided among her husband and children. In the absence of a spouse and children, the husband’s heirs get preference. Next in the line of preference would be her parents. In the absence of parents and the previously mentioned beneficiaries, the property may be divided among her father’s heirs and then her mother’s heirs.
Also read: Property and Inheritance Laws for Women in India
Hindu Succession Act: Can a woman give her property to her paternal side heirs?
What Happens When a Coparcener of a HUF Dies Intestate
In a Hindu Undivided Family, every male member of the male lineage is a coparcener. The Hindu inheritance laws have chalked down the rules applicable to HUF. Except for the head-of-the-family, the demise of any other coparcener will not call for an immediate settlement of succession unless another coparcener demands it. In the ancestral property, the wife of the deceased has no rights but his children have. If there is any self-acquired, separate property despite living in a HUF, the separate property will be equally divided among the wife and children.
Muslim Inheritance Laws
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The Islamic law of inheritance does not differentiate between self-acquired and ancestral property keeping the succession laws similar for both. The laws are dealt with differently for Shias and Sunnis. Among Sunnis, the shares are calculated based on the branch while for Shias, all heirs get equal shares. Also, the property distribution will be calculated only after charges for funeral rites, outstanding debts and wages of domestic servants are paid out. The promised Mehr (Dower) amount, if not already paid, will be a priority debt in this case.
Under Muslim inheritance laws, the widow of the deceased is entitled to one-fourth share if she is childless and one-eighth share if she has children. On the other hand, a widower gets half of the deceased wife’s property if there are no children and one-fourth share if they have children. A son is supposed to receive double the share of what the daughters get. Only one daughter gets half of the property of her father.
Islamic law of inheritance divides the beneficiaries into Sharers – wife, mother and children, Residuaries – next kin and Distant Kindred. Whatever is left of the property is divided among people falling in the category of Residuary. In the absence of both Sharers and Residuaries, the property goes to Distant Kindred.
Christian Laws of Inheritance
In the Indian Succession Act 1925, this falls within sections 31 to 49. Under this, there are no differences in the rights of a widow and that of a widower. Both a widow and a widower are entitled to one-half of the property if they have no children and one-third share if there are children in the marriage. Both can inherit the total property if there are no children, relatives or distant kin. Two-third share of the property is equally divided among the children if the spouse of the deceased is alive. If the spouse of the deceased is no more, the complete property is equally divided among the children. In the absence of spouse and children, first the parents, then siblings and finally relatives get preference in that order.
Laws of Inheritance for Parsis
The Indian Succession Act 1925 puts Parsi Laws of inheritance under sections 50 to 56. Just like Christian Laws of inheritance, there is no distinction between the rights of the widow and widower. There is a lot of ambiguity in the laws for Parsis. In general, after the demise of a Parsi male, his widow, son and daughter would get equal shares while each of his parents receives half the share of what every child receives. If there is a pre-deceased son, his share is divided among his widow and children; if there is a pre-deceased daughter, her share is divided among her children. Next-of-kin in order of standing is given priority in succession. Thus, even if the deceased has no children, the widow/widower receives only half of the share, and the remaining goes to the next of kin.
The children, both son and daughter, under the Hindu Succession Act 1956, have equal rights over the father’s property to be shared with the mother and grandmother. Even a posthumously born child, if born alive, has rights to the father’s property. As to ancestral property in a HUF, the son, by birth, holds equal rights as his father in the property being a coparcener. The child’s rights come after the father's demise in the grandfather's self-acquired property.
What are women's rights regarding inheritance and succession laws in India?
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In the case of a legally adopted child, the child has the same rights as a natural child as per inheritance laws in India. From the moment of adoption, the child ceases to belong to the biological parents and becomes a part of the new family. But if a share of property or asset has been vested on the child before adoption from, say, the biological family, the property belongs to the child even after adoption.
Unequal rights for women have always been a concern in personal laws. It is because a majority of the personal laws are old-fashioned and traditional. They are yet to be updated as per today's scenario.
A significant amendment took place in 2005 in the Hindu Succession Act. The Act gave equal rights to daughters and sons regarding succession. Before 2005, sons and daughters did not have the same rights. At that time, only unmarried daughters could claim right over their father's ancestral; properties. But after 2005, daughters acquired equal rights as sons. It means that just like the son, a daughter has the right over her ancestral property regardless of whether or not she is married.
If the father has self-acquired or separate property and dies without a will, the daughter is considered a Class I heir and will have equal rights with her mother, brother, sister or grandmother.
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The Role of A Will in Succession
A Will is a legal document that allows a holder of the property to bequeath or share his/her property as per desire. Probate is necessary to execute the Will after the demise of the holder. Under probate, a copy of the Will is certified to establish the validity of the document before the Court and the executor of the Will gets permission to proceed with its administration. The role of the Will stands stronger than the laws of inheritance though a Will may be contested by the heirs and beneficiaries and other kin in the Court of law.
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Closing Statement on Inheritance Laws in India
Since the inheritance laws in India depend upon the faith the holder of the property follows, it is a good idea to stay aware of the benefits listed in the laws. If you are a successor to a deceased person, ensure that the property is not attached to any debts. After that, look for the latest Will drawn out by the holder of the property. If there is a Will, have the executor divide the assets as per the wishes of the deceased. If there is no Will, follow the rules as per the laws of inheritance of your faith. Make sure that you get a mutation of your share of the property in your name. If you are still confused about what is law of inheritance and how is it applicable to you, reach out to a lawyer or avail of legal services.
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The simple yet scientifically proven Wealth DNA method laid out in the report allows you to effortlessly start attracting the wealth and abundance you deserve.
Awaken your dormant DNA ability to attract wealth effortlessly
The simple yet scientifically proven Wealth DNA method laid out in the report allows you to effortlessly start attracting the wealth and abundance you deserve.
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