If an individual passes away without leaving a valid Will or any other form of testamentary dispositions such as a trust or a net-worth report for the legal heirs to act on, the succession laws of the land take over the procedure of the succession, this type of succession is referred to as the Intestate Succession and the deceased is referred to as an “Intestate”.
Understanding the succession laws in India is crucial for an individual’s estate planning process and to ensure that their assets are passed on smoothly and in accordance with their wishes.
In India, succession laws are primarily governed by personal laws based on an individual’s religion. The personal laws determine the rules of inheritance, which include who can inherit the assets, the order of preference, and the share allotted to each law recognized heir. There are three types of succession laws based on the religion of the intestate; Hindu Succession Act, 1956, Indian Succession Act, 1925, and Muslim Sharia Law.
Indian Succession Act
Succession for Hindus
Laws relating to testamentary succession as per the Indian Succession Act, 1925 is applicable for Hindus. Intestate succession is applicable to Hindus as per the Hindu Succession Act, 1956. Intestate succession for Hindus is not as per the Indian Succession Act as one of the important features of Hindu law is the system of Hindu Undivided Family (HUF). Hence, the Hindu Succession Act, 1956 was enacted to deal with the succession for Hindus as per Hindu law and culture.
Succession for Christians
Laws relating to both testamentary succession and intestate succession is as per the Indian Succession Act, 1925 for Christians.
Succession for Muslims
The Indian Succession Act, 1925 does not apply in both testamentary or intestate succession of Muslims. For Muslims, succession is based on the Quran and other sources. The leading authority on the subject of Wills for Muslims is the Hedaya or Fatawa Alamgiri. Under Muslim law, the estate of the deceased must apply successively in payment of the following:
- Funeral expenses and deathbed charges
- Expenses of obtaining probate or letters of administration or succession certificate
- Wages due for services rendered to the deceased within three months just preceding his/her death by any laborer, artisan or domestic servant
- Other debts of the deceased according to the respective priorities (if any)
- Legacies not exceeding one-third of what remains after all the above payments
- Remaining two-third should go to heirs as on intestacy.
Succession for Jains
Hindus under the Indian Succession Act include Jains. Hence, laws relating to testamentary succession as per the Indian Succession Act, 1925 is applicable for Jains also. Intestate succession is applicable to Jains as per the Hindu Succession Act, 1956.
Succession for Buddhists
Buddhists under the Indian Succession Act include Buddhists also. Hence, laws relating to testamentary succession as per the Indian Succession Act, 1925 is applicable for Buddhists also. Intestate succession is applicable to Buddhists as per the Hindu Succession Act, 1956. Succession for Sikhs Sikhs under the Indian Succession Act include Sikhs also. Hence, laws relating to testamentary succession as per the Indian Succession Act, 1925 is applicable for Sikhs also. Intestate succession is applicable to Sikhs as per the Hindu Succession Act, 1956.
The Hindu Succession Act, 1956
The Act governs the succession and inheritance rights of those males and females who are considered Hindu, Sikh, Buddhists, and Jain by religion and have died intestate. The Act provides different rules and order of succession for male and female intestates. The legal heirs of the intestates are classified and divided into different classes.
For a Hindu male dying intestate as per the section 8 of the Act, there are four classes of heirs identified. The pattern of succession are as follows:
Class I heirs – Wife, Children, Mother of the male intestate
Class II heirs – The class II heirs are further classified and grouped under 9 entries, some of the important entries are: Entry I – Father; Entry II – Brother, Sister; etc.
Class III & Class IV heirs – Agnates (Relatives through male lineage) such as Son/daughter of father’s brother and Cognates (Relatives through female lineage) such as son/ daughter of father’s sister.
The hierarchy of the classes are followed in such a way that the class I heirs are given preference over class II, class II over Class III and so on with Each member of a class and entry is entitled to equal share of the property.
For a Hindu female dying intestate as per section 15 of the Act, the heirs are classified into five classes and the pattern of succession are as follows:
Class I heirs – Husband and children
Class II heirs – Heirs of husband (succession takes place as it would have happened for a male Hindu dying intestate)
Class III heirs – Father and mother of the deceased female Hindu
Class IV heirs – Heirs of father of the deceased
Class V heirs – Heirs of mother of the deceased.
In the absence of Class I heirs, the entire property of the female Hindu will fall entirely to the heirs of her husband, as it would have happened for a Hindu male dying intestate. The heirs of the husband may or may not have a cordial relationship or even touch with the deceased during her lifetime. Under 16 of the Act, in the absence of husband, children, mother-in-law, and father-in-law of a married deceased Hindu female, even in the presence of living and own siblings, the Hindu female’s entire property would vest in the brothers and sisters of the husband.
The Indian Succession Act, 1925
Intestate succession is applied when a person dies without leaving any written instructions on the fate of his assets, whereas, the succession wherein the deceased person leaves his thoughts and wishes on transferring his assets to his legal heirs through a valid written Will is known as testamentary succession.
In India laws of testamentary succession of all persons, except those belonging to the Muslim community is dealt under the Indian Succession Act, 1925. The Act also deals with the intestate succession of the people belonging to communities other than Hindu and Muslim communities.
The succession of a Christian dying without a valid Will is governed under the Indian Succession Act, 1925.
The rule of succession under the Act is applied for both men and women, and are as follows:
| Sl. No. | Where the Deceased is Survived by Only: | Share of Assets |
| 1 | Spouse | Complete assets i.e.; 1/1 |
| 2 | Spouse and children | Spouse: 1/3 Children: 2/3 |
| 3 | Spouse and near blood relations of the deceased | Spouse: 1/2 Relatives: 1/2 |
| 4 | Only children | 1/1 |
| 5 | Only blood relations | 1/1 |
| 6 | No legal heirs (i.e., spouse, children, and blood relations) | 1/1 to Government |
FAQs
What is a succession certificate?
A succession certificate is a legal document issued by a court that authorizes a person to represent the estate of a deceased person. It allows the holder to collect debts and securities on behalf of the deceased.
How to apply for a succession certificate?
To apply for a succession certificate, the legal heir must:
- File an application in a district court with jurisdiction.
- Provide details of the deceased’s assets and legal heirs.
- Pay the court fee (a percentage of the estate’s value).
- The court issues the certificate after verifying the claims and hearing objections, if any.
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