Inheritance In Absence Of A Will Under Indian Succession Act

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.

• If A has left no will - He has died intestate in respect of the whole of his property.
• 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.
• A has bequeathed his whole property for an illegal purpose - A has died intestate in respect of the distribution of his property.
• 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.

Application

Distribution Of Property

Rules Of Distribution (Children, Grandchildren Etc.)

Rules Of Distribution (No lineal descendants)