What is Intestate Succession?
When someone passes away without leaving a will, it’s referred to as intestate succession and describes who inherits their property after them. In intestate succession, the property is passed down by the legislation or tradition that the departed is controlled. The Hindu Succession Act, 1956, states that when a Hindu dies intestate, or without leaving a testament, his heirs inherit both separate and joint family property. A son was entitled to share in joint family property from birth under Hindu law. The gender discriminatory clauses of the Hindu Succession Act, 1956, was repealed by the Hindu Succession (Amendment) Act, 2005. The Hindu Succession (Amendment) Act, 2005, now grants daughters the same rights to inherit from the estates of their fathers, grandfathers, and great-grandfathers.
Key Takeaways:
- Property can be transferred through inheritance. The right of an heir to inherit property upon the death of an ancestor through a line of succession is known as inheritance.
- All of the deceased’s property rights are divided into two categories; inheritable rights and uninheritable rights.
- When someone passes away without leaving a will, they are considered intestate, and the transfer of their assets is referred to as intestate succession.
- An heir is a person who has the legal right to inherit assets following the death of an intestate.
Table of Content
- Intestate Succession under Different Religions
- 1. Intestate Succession under Muslim Law
- 2. Intestate Succession under Other Religions
- Frequently Asked Questions on Intestate Succession-FAQs