Lesson 2 of 3 · 7 min
Intestate: the default lists, by personal law
India has no single inheritance law. Hindu, Muslim, Christian and Parsi succession each follow their own rules — here is the broad shape of each.
India has no single inheritance law. Which default list applies depends on the person's religion — a system called personal law. Each personal law is equally valid law, and each works differently. What follows is the broad shape, not the fine print.
| Community | Governing law | The broad shape |
|---|---|---|
| Hindus, Buddhists, Jains, Sikhs | Hindu Succession Act, 1956 | For a man: Class I heirs — mother, widow, sons and daughters — divide equally. If there are none, Class II heirs. For a woman, the Act sets out a different order. |
| Muslims | Muslim personal law | Fixed fractions for defined relatives. A will can cover at most one-third of the estate without the heirs' consent. Sunni and Shia rules differ in detail. |
| Christians | Indian Succession Act, 1925 | Where there are children, the widow or widower takes one-third and the children divide the rest equally. |
| Parsis | Indian Succession Act, 1925 (separate chapter) | Broadly, equal division among the spouse and children. |
How the law got here
1925
Indian Succession Act
One framework for wills, plus intestate rules for Christians, Parsis and others.
1937
Shariat Application Act
Muslim personal law formally governs succession for Muslims.
1956
Hindu Succession Act
Codified inheritance for Hindus, Buddhists, Jains and Sikhs, with its Class I and Class II heir lists.
2005
Daughters become coparceners
The amendment gave daughters the same birthright as sons in ancestral property.
Quick check
A Hindu man dies without a will, leaving his mother, wife, a son and a daughter. Who inherits his separate property?
Four numbers that decide who gets what
- Daughters became equal coparceners
- 2005
- Most a Muslim will can give without the heirs' consent
- One-third
- Widow's or widower's intestate part for Christians, where there are children
- One-third
- Witnesses a valid will needs
- 2
Hindu Succession (Amendment) Act, 2005
Under Muslim personal law; the rest follows the fixed heir fractions
Indian Succession Act, 1925; the children divide the remaining two-thirds
They watch you sign, then sign themselves
Check yourself
1 / 3
Kabir asks
A Hindu man dies without a will, leaving his mother, his wife, a son and a daughter. Who inherits his separate property?
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