What are the primary laws governing inheritance in India?

Inheritance in India is primarily governed by personal laws, including the Hindu Succession Act, 1956, and the Indian Succession Act, 1925.

How does inheritance differ for Hindus and Muslims in India?

Hindus follow the Hindu Succession Act, which allows for equal rights among heirs, while Muslims adhere to their personal law, which outlines specific shares based on gender.

Can a person be disinherited in India?

Yes, a person can be disinherited through a legally valid will or testament.

What is the role of a will in inheritance?

A will allows individuals to specify how their assets will be distributed after death, overriding the default legal succession rules.

Is there any tax on inherited property in India?

While there is no inheritance tax in India, the recipient may be subject to capital gains tax when selling inherited property.

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What To Know About The Inheritance Laws In India?

Pragya Pathak

Author

Updated: 28-01-2025 at 7:07 AM

What To Know About The Inheritance Laws In India?

Inheritance laws are crucial for ensuring that the transfer of property and assets after an individual’s death happens without any problems. The laws were made to protect heirs' rights and ensure fair property distribution among family members. Succession laws play an important role in safeguarding the rights of vulnerable groups, including women and children.

Inheritance laws also play an important role in promoting gender equality. Many laws have evolved to ensure equal rights for women, including Indian inheritance laws for daughters. Succession laws help in establishing harmony and in the empowerment of individuals so that they can claim their rightful share.

Laws	Inheritance laws
Purpose	To provide a legal framework for the equal distribution of a deceased person’s property
Types of laws	Varies by religion: Hindu, Muslim, Christian, and Parsi laws
Official document	Will
Classes of heirs	Class I: Immediate family members ; Class II: Relatives

What Is Property Inheritance?

Property inheritance is the legal process through which the assets and possessions of a deceased person are passed on to their heirs or legal beneficiaries. This usually happens through a will wherein the property distribution is mentioned or in the absence of a will, the inheritance law of India is referred to.

Inheritance is a complex thing that isn’t merely material property but carries the power to influence rational beings hence the government recognised the need to regulate them.

What Are Property Inheritance Laws In India?

Property inheritance laws in India are governed by a mix of personal laws based on religion and statutory laws that apply universally. Religions like Hindu, Muslim, Christian, and other religious communities follow their respective inheritance laws. For example, Hindus are governed by the Hindu Succession Act, 1956 while Muslims follow the Muslim Personal Law (Shariah), and Christians follow the Indian Succession Act, 1925.

The laws determine the shares of property that legal heirs like spouses, children, or other relatives are entitled to through a will or by default if there is no will. i.e. intestate succession.

Hindu Inheritance Law In India

Hindu inheritance law is governed by the Indian Succession Act, 1956 which applies to Hindus, Buddhists, Jains, and Sikhs. The inheritance law lays down the rules for how property is inherited among family members, whether there is a will or not. Before the official law, inheritance practices were governed by customs and traditions.

The Indian Succession Act, 1956 has gone through several amendments especially the 2005 amendment which granted daughters equal rights as sons over inheriting ancestral property. This amendment addressed the gender disparity in inheritance laws and ensured that daughters and sons could become joint heirs in family property so that both could have an equal share of their father’s property.

Property Inheritance Under Hindu Law

Under Hindu law, property inheritance is divided into two main types. The types are listed below:

Ancestral property: This is a property that has been passed down from ancestors over four generations. Every male and female descendant in the family becomes a joint owner and is entitled to an equal share of the property.
Self-acquired property: This is a property that is acquired by an individual through their efforts. The owner has full rights over the property and can choose to distribute it through a will. If the owner dies without a will. i.e. intestate, the self-acquired property is distributed as per the Indian Succession Act, 1956.

Property Distribution

Class of Heirs

Description

Class I

Immediate family members like spouses, sons, daughters, and mothers.

Class II

In case of absence of Class I heirs, relatives like father, siblings, and grandparents are considered.

Agnates & Cognates

In case of absence of Class I & II, relatives from the family of the males (agnates) or relatives from the family of the females (cognates) are considered.

Types Of Property

Type of property	Definition	Inheritance rules
Joint family property	Property owned by all members of a Hindu undivided family.	All members of the Hindu undivided family have a share in the property.
Stridhan	Assets are given to women at the time of marriage.	A woman has full ownership.
Gifted property	Assets are given as a gift to a person or family.	Recipients of the gifts have full ownership.
Testamentary property	Property distributed as per the will.	The property is distributed as per the will.

Coparcenary property	A type of ancestral property in which both sons and daughters are considered joint owners with equal rights.	All joint owners have an equal share and interest in the property from birth.
Intestate property	When a person dies without a will.	Distributed as per the Indian Succession Act.

What Happens When A Joint Owner Of A Hindu Undivided Family Dies?

In a Hindu Undivided Family (HUF), when one of the joint members dies who had an inheritable interest, the property is passed onto their legal heirs. The Indian Succession Act and its 2005 amendment ensure that daughters are also given a right to inherit the share of a deceased joint owner.

However, if a joint owner dies intestate. i.e. without a will, the property is divided among joint owners who are alive.

What Is The Muslim Law Of Inheritance?

The Muslim law of inheritance is governed by the Shariah and follows strict rules based on Faraid (fixed shares) principles. Unlike the Hindu law, the Muslim law of inheritance divides property into specific shares for designated heirs as per Islamic law:

Sharers: These heirs have a fixed portion of the estate as mandated by the Quran. It includes spouses, children, parents, and siblings.
Residuaries: these heirs inherit the remaining estate after the sharers have received their portions. They include male relatives like sons, brothers, and uncles.

The Muslim inheritance law ensures that women may sometimes receive half the share of their male equals.

What Is The Christian Law Of Inheritance?

The Indian Succession Act of 1925 governs the inheritance laws for Christians in India. Under this law, when a Christian dies intestate:

Spouse & children: The property is divided among the surviving spouse and children. Spouses receive one-third of the estate while the rest. i.e. two-thirds is equally distributed among children.
Parents and siblings: If no children exist, the property goes to the surviving spouse and the deceased’s parents or siblings.

Christians can also distribute property through a will allowing people to freely determine their property distribution.

What Are The Laws Of Inheritance For Parsi?

For Parsi, the Indian Succession Act, of 1925 also governs inheritance. If a Parsi dies intestate:

Class I Heirs: Immediate family members like spouses, sons, daughters, and mothers.
Class II Heirs: In case of the absence of Class I heirs, relatives like siblings, and grandparents are considered.

In case of a will, Parsis can distribute the property as they wish, provided it doesn’t contradict the legal framework of the Indian Succession Act.

Rights Of Natural And Adopted Children

Under Hindu law, both natural and adopted children have equal inheritance rights. The Hindu Adoption and Maintenance Act of 1956, grants adopted children the same status as biological children and ensures that they inherit property as much as the natural heirs. This includes both ancestral and self-acquired property.

Adopted children lose inheritance rights in their biological family after the adoption, but they are treated as joint owners in the adoptive family, with full rights to inherit property.

Required Documents For A Legal Heir Certificate

To obtain a Legal Heir Certificate in India, the required documents are listed below:

Death certificate
Identity proof
Proof of relationship
Affidavit

Conclusion

Inheritance laws in India vary significantly based on religious personal laws and statutory laws. Whether under Hindu, Muslim, Christian, or Parsi law, each system has its unique principles governing property distribution among heirs.

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