What Happens If A Person Dies Without A Will? The Details Of Intestate Succession

People go to great lengths to ensure that their loved ones are protected from any financial calamity in the event of their death. This includes taking life insurance plans and leaving some savings for their family. But one thing people often forget to do is write their will. This can hamper the chances of their assets passing on without any hassle to their loved ones. It can also result in legal disputes about the distribution of the assets.

Intestate succession means property, movable or immovable, that has not been disposed of under a will. In India, intestate succession is governed by the Hindu Succession Act, 1956, and the Hindu Succession (Amendment) Act, 2005 for Hindus, Sikhs, Buddhists and Jains. Under this section, if a Hindu male has died without leaving a will, the assets will pass on to his Class I heirs. Class I heirs include:

• Son/daughter.

• Mother.

• Widow.

• Children of a predeceased son/daughter.

• Widow of a predeceased son/daughter.

• The widow of a predeceased son of a predeceased son.

• The daughter/son of a predeceased son.

Failing the presence of Class I heirs, the property will be transferred to Class II heirs, which include father, siblings, children of siblings, and grandchildren of siblings.

In case no Class I or Class II heirs exist, the assets will be given to agnates (distant blood relatives of male lineage) and cognates (distant blood relatives of female lineage). If these relatives cannot be found, the property will be transferred to the government.

In case a female Hindu dies intestate, her property shall be transferred to:

• Sons and daughters (this also includes children of a predeceased daughter or son) and the husband.

• The heirs of her husband.

• Parents.

• Heirs of the father.

• Heirs of the mother.

For Muslims, Sharia law is applicable in the matter of intestate succession. For Christians and other minorities, the Indian Succession Act of 1925 is applicable in the matter.

In case the deceased does not leave behind a will, the distribution and transfer of assets can lead to a lot of trouble for the heirs. They will be at a disadvantage to claim the money and may have to spend more in order to get their rightful due. It is always important to bequeath your assets to your heirs (or anyone who you designate to be your heir) with a last will and testament to avoid any troubles.