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Inheritance in Absence of A Will under Indian Succession Act
Friday, October 8, 2021 IST
Inheritance in Absence of A Will under Indian Succession Act

An intestate death often causes chaos with family often ending up fighting to get property. The succession act was created to resolve the impending chaos when a person dies intestate. Through this article, the reader can understand what Intestate is, what are the legal provisions for it and what happens in different conditions of an intestate death.

 
 

The Indian Succession Act came into operation on 30th September 1925 and it seeks to consolidate all Indian Laws relating to succession. It has no retrospective operation and is applicable to intestate and testamentary succession.
 
INTESTATE SUCCESSION
 
Intestate means when person dies without making a will, which is capable of taking effect. The property devolves upon the wife or husband or upon the relatives of the deceased in the following manner.
 
1. If A has left no will- He has died intestate in respect of the whole of his property.
 
2. A has left a will, whereby he has appointed B his executor; but the will contains no other provisions- A has died intestate in respect of the distribution of his property.
 
3. A has bequeathed his whole property for an illegal purpose - A has died intestate in respect of the distribution of his property.
 
4. When a will is partially incapable of being operative- A has bequeathed RS 1000 to B and RS 1000 to the eldest son of C, and has made no other bequest; and has died leaving the sum of Rs. 2000.00 and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of Rs.1000.
 
What Happens if You Die Without a Will and You're Single?
 
If you're single and childless, your parents will receive your entire estate if they are both living. Otherwise it will be divided among your siblings (including half-siblings) and your surviving parent, if one parent has already died. If you have no surviving parents at the time of your death, then your entire estate will be divided among siblings, in equal parts. If there are no surviving parents, siblings, or descendants of siblings (nieces and nephews), then the relatives on your mother's side would inherit one-half of the estate, with the other one-half passing to the relatives on your father's side.
 
If, on the other hand, you're single and have children, then your entire estate generally will go to your children, in equal shares. If any child has died before you, and that child has any children, then that child's share will go to your grandchildren.

 
 
 
 
 

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Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST
Shibu Chandran
2 hours ago

Serving political interests in another person's illness is the lowest form of human value. A 70+ y old lady has cancer.

November 28, 2016 05:00 IST


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