How is property distributed after death if there is no will in India?
Asked by: Jack Bradtke | Last update: October 8, 2025Score: 4.6/5 (68 votes)
Class I heirs (spouse, children, and mother) have the primary right to inherit the property. If no Class I heirs are available, the property devolves upon Class II heirs such as the father, grandchildren, siblings, and other relatives. And if no Class II is available it passes on to Agnates and Cognates.
Who inherits property if there is no will in India?
Distribution Of Assets Under Intestate Succession
Spouses, children, parents, and siblings are typically considered primary beneficiaries, and their shares may vary based on factors such as gender, marital status, and the presence of other legal heirs.
How to transfer property after death of parent without will in India?
Heirs must file a petition in the civil court where the deceased lived. This petition should include details about the deceased, the heirs, and the assets involved. The court will then publish a notice in a local newspaper inviting any objections to issuing the certificate.
Can a US citizen inherit property in India?
Yes, foreign citizens can inherit property in india. Though they have no right to acquire land meant for farming purposes directly; such people are allowed to do so through inheritance procedures. But then there might be limitations imposed on selling this type of property.
How is real property conveyed to heirs when a person dies without a will?
If you die without a will, called dying intestate, your state's probate court decides where to transfer your property and personal belongings. Intestate succession laws vary by state, but your property will generally pass to your next of kin or the state if no relatives can be found.
Distribution Of Property After Death If There Is No Will In India | Indian Succession Act 1925
How long do you have to transfer property after death?
Timelines for transferring property after the owner's death vary by state and can range from a few months to over a year.
What happens to a mortgage when someone dies without a will?
If you die without a will
The executor might use outstanding assets or death benefits from a final expenses life insurance policy to pay off the mortgage.
How long do you have to transfer property after death in India?
Transferring property without a will in India can take several months to several years, depending on various factors such as the complexity of the estate, the number of heirs involved, and the efficiency of the legal and bureaucratic processes.
Can OCI inherit property in India?
OCI cardholders are allowed to inherit property in India; however, they cannot possess agricultural land and must follow the legal processes for handling and returning inherited funds to their home country.
Who are the legal heirs of property in India?
The parents, spouse and children are the immediate legal heirs of the deceased person. When a deceased person does not have immediate legal heirs, then the deceased's grandchildren will be the legal heirs.
What happens to inheritance if there is no will?
The children of the person who has died inherit the whole estate. This applies however much the estate is worth. If there are 2 or more children, the estate will be divided equally between them.
What is the new inheritance law in India?
The children, both son and daughter, under the Hindu Succession Act 1956, have equal rights over the father's property to be shared with the mother and grandmother. Even a posthumously born child, if born alive, has rights to the father's property.
What is the difference between nominee and legal heir?
A nominee is merely a caretaker in technical terms. They are the ones in charge of guaranteeing that the depositor's legal heir receives the money from a fixed deposit. While the nominee may be the same as the legal heir at times, their status as nominee implies they don't actually own the money.
What happens to bank account when someone dies without a will in India?
In case someone dies, and there's no named beneficiary, POD (payable-on-death), a will, or any legal heir or relatives that will be found, then any assets in that account are going to be turned over to the bank by default.
How is property divided after death in India?
According to the property distribution law in India, In case there is no will present after a person's death, then their property and valuables are divided among their successors in an equal ratio. Each heir gets their share as per Class division. There are class 1 heirs, class 2 heirs, Agnates, and cognates.
What makes a will null and void in India?
A will is invalid when it has been drawn up by a person incompetent to create it due to the reason of insanity, illness or age. It also ceases to have legal value when it is drawn up using force, fraud or coercion.
Is a will written in the USA valid in India?
Wills made in other jurisdiction are not automatically enforceable in India. Under the Act, an ancillary probate can be granted to authenticate a foreign will.
Can US citizens with OCI own property in India?
Both NRIs and OCI have the permission to buy both commercial and residential property in India. You do not need to submit any intimation or send any communication to the Central Bank for the purchase of a property. NRIs cannot buy agricultural land, plantation or farmhouses in India.
How long can a US citizen stay in India with OCI?
An OCI card holder can stay in India for life time. It is important for an OCI card holder to ensure that they hold valid passports from their home country. In case the passport needs to be renewed then the OCI card holders have to get it renewed visiting their home country embassy in India.
What happens if there is no will in India?
Under Section 30 of the Indian Succession Act, if someone dies intestate, the court may issue a notice to invite claims over the property left behind after the death certificate is issued. In such a situation, each heir receives a portion of the property, or they can decide themselves amicably on the distribution.
Who is the owner of the property after father death in India?
After the death of your father, if he died without a Will, then the property will devolve amongst all legal heir. So in case your father did not have a Will, you, your mother and other siblings will be legal heir and the house will devolve amongst four. Both the procedure can be done during the lifetime of your mother.
How to register inherited property in India?
- Step 1: Identify Legal Heirs.
- Step 2: Obtain Legal Documents.
- Step 3: Apply for a Succession Certificate.
- Step 4: Ensure Mutation of Property.
- Step 5: Draft and Register a Release Deed.
- Step 6: Draft and Register a Gift Deed.
- Step 7: Pay Applicable Taxes.
How long can a house stay in a deceased person's name?
The Hive Law indicates, "A house can stay in a deceased person's name until either the probate process is completed or legal actions require a change in ownership. Typically, the probate process takes 6 months to 2 years, depending on the jurisdiction and complexity of the estate.
What not to do when someone dies?
- Not Obtaining Multiple Copies of the Death Certificate.
- 2- Delaying Notification of Death.
- 3- Not Knowing About a Preplan for Funeral Expenses.
- 4- Not Understanding the Crucial Role a Funeral Director Plays.
- 5- Letting Others Pressure You Into Bad Decisions.
Can I take over my mom's mortgage if she dies?
Even if the deceased homeowner signed a valid will that leaves the home to someone else, then the title of the home will go to that beneficiary. However, the beneficiary is not responsible for the mortgage unless he/she/they legally take over the mortgage in a process known as “assumption.”