What Happens When a Man Dies Without a Will in India?

(Intestate Succession Rules)

The rules depend on the person’s religion, because succession laws differ for Hindus, Muslims, and Christians.

1. If the Deceased Is Hindu

(Includes: Hindus, Sikhs, Jains, Buddhists — governed by Hindu Succession Act, 1956)

A. Class I Legal Heirs (They get first right):

Property is divided equally among:

• Wife
• Children (son & daughter equal share)
• Mother

If any child has died earlier, their children (grandchildren) inherit their parent’s share.

B. If No Class I Heirs → Class II Heirs

These include:

• Father
• Brother & sister
• Grandchildren (from son’s daughter/son’s son)
• Relatives from paternal side

C. If No Class I or II heirs → Property goes to distant relatives

Agnates → Cognates → Government (as last resort)

Important Notes (Hindu Law):

• Daughters and sons have equal rights.
• Wife gets one equal share (not entire property).
• Children born from live-in relationships also get rights (as per SC rulings).
• Stepchildren do not inherit unless legally adopted.

2. If the Deceased Is Muslim

(Governed by Muslim personal law — not the Hindu Succession Act)

Distribution is fixed by Quranic shares.
Example (most common Sunni rules):

• Wife gets 1/8th share if children exist
• Wife gets 1/4th share if no children
• Sons get double the share of daughters
• Parents also receive fixed shares

Muslim inheritance has no “class system” — shares are predetermined.

3. If the Deceased Is Christian or Parsi

Governed by Indian Succession Act, 1925

Christian Male Dies Without a Will

Property distribution:

• Wife gets 1/3rd
• Children get 2/3rd (equally)
• If no wife → children get all
• If no children → wife & parents share equally

Additional Practical Points

1. Who gets the bank money?

Legal heirs must apply for:

• Succession Certificate (for bank accounts, investments)
• Legal Heir Certificate (for government/administrative purposes)

2. What about property in joint names?

• If it’s joint tenancy, the surviving co-owner gets it.
• If it’s tenancy in common, deceased’s share goes to legal heirs.

3. What about nominations?

• Nominee is a trustee, not the owner.
• Final ownership goes to legal heirs, not nominee.