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Estate planning · Will

Intestate succession: what happens with no Will (Hindu)

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If a Hindu dies without a Will (intestate), property goes to Class I heirs equally: wife, sons, daughters, mother (all simultaneously). If no Class I heir exists, Class II heirs take in order. The surviving spouse does NOT get everything, this is the most common misconception. If you have children, your wife gets an equal share alongside each child.

Provisions

Hindu Succession Act 1956, Sec 8-13 | Class I heirs

Analysis

If a Hindu dies without a Will (intestate), property goes to Class I heirs equally: wife, sons, daughters, mother (all simultaneously). If no Class I heir exists, Class II heirs take in order. The surviving spouse does NOT get everything, this is the most common misconception. If you have children, your wife gets an equal share alongside each child.

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  1. Son(s), equal share
  2. Daughter(s), equal share (post-2005 amendment)
  3. Widow / wife, equal share (one share, not per child)
  4. Mother, equal share if alive
  5. Pre-deceased son's son/daughter, step into parent's share

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