When a property owner passes away, succession laws determine who inherits the property. These laws vary based on religion and whether a Will exists.
What Is a Will?
-
A legal document that outlines how a person’s property should be distributed after death
-
Allows testamentary succession—the owner’s wishes are honored
-
Must be signed, attested, and registered for legal validity
-
Can be challenged if not properly executed
Hindu Succession Act (HSA), 1956
Applies to Hindus, Buddhists, Jains, and Sikhs.
Key Points:
-
Recognizes both testamentary and intestate succession
-
Class I heirs (wife, children, mother) get priority
-
Daughters have equal rights in ancestral property (post-2005 amendment)
-
If no Will, property is divided as per legal heir hierarchy
Muslim Succession Law
Governed by Shariah principles and the Muslim Personal Law (Shariat) Act, 1937
Key Points:
Recognizes intestate succession primarily
-
A Will can only dispose of one-third of the estate (unless all heirs consent)
-
Heirs are divided into Sharers (fixed shares) and Residuaries (remaining estate)
-
Shares vary by gender and relationship (e.g., daughter gets half of son’s share)
Who Are Legal Heirs?
-
Hindus: Class I heirs include spouse, children, and mother
-
Muslims: Spouse, children, parents, and siblings—based on fixed Quranic shares
-
Others: Governed by the Indian Succession Act, 1925
