Dying With and Without a Will: How Succession Differs: Frequently Asked Questions

Common questions on dying with and without a will, explained in plain terms, under Indian law.

Before the frequently asked questions

In most cases, where a person dies without a valid will (intestate), their property generally passes according to the succession law applicable to their religion or personal law, such as the Hindu Succession Act for Hindus, Buddhists, Sikhs, and Jains, or the Indian Succession Act for others, subject to specific personal laws.

In most cases, a valid will allows a person to direct how their property is distributed, subject to any statutory restrictions (such as a Muslim testator generally being limited to bequeathing up to one-third of the estate by will, under Muslim personal law, outside the heirs' consent).

Frequently asked questions

What happens to property if someone dies without a will?

It generally passes according to the intestate succession rules applicable to the deceased's religion or personal law — for example, the Hindu Succession Act for Hindus, Buddhists, Sikhs, and Jains, or the Indian Succession Act for others, subject to specific personal laws.

For a fuller explanation, see Probate Is No Longer Mandatory in Mumbai, Kolkata, and Chennai and A Daughter's Right as a Coparcener Under Hindu Succession Law.

If you would like this looked at against your own facts, a consultation is a reasonable next step.

This page is general information about the law in India and is not legal advice. The position can vary with the facts, so it is worth getting advice on your specific situation.