How is property distributed after person's death without will in India?
Asked by: Johathan Nitzsche | Last update: October 1, 2025Score: 4.2/5 (24 votes)
The exact proportions of distribution are determined by the personal laws and their specific provisions. For example - succession as per Hindu Succession Act for no-Will situation, wealth shall be Firstly distributed of a male person to his mother (if living), wife and all sons, daughters (including married) equally.
Who inherits property if there is no will in India?
The Hindu Succession Act, 1956:
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.
How is property transferred after death without will in India?
Transfer without a will
If the deceased did not leave a will, the property is transferred according to the laws of intestate succession. In India, this typically involves the legal heirs (spouse, children, etc.)
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.
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 to Transfer Property After Death of Father or Husband's Death
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.
Is it illegal to withdraw money from a dead person's account in India?
It is illegal for a son to withdraw money from his deceased father's bank account without informing the bank about the demise of his father and making a formal request to freeze his demised father's bank account and it is also illegal for the son not to inform other legal heirs of the demised father his activities of ...
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.
What happens if my husband died and my name is not on the deed?
In many cases, the spouse can inherit your house even if their name was not on the deed. This is because of how the probate process works. When someone dies intestate, their surviving spouse is the first one who gets a chance to file a petition with the court that would initiate administration of the estate.
What is the time limit for property transfer after death in India?
What is the time limit for property transfer after death? According to the Limitation Act of 1963, legal heirs must file a claim for the property within 90 days of the father's death. However, while the claim must be made within 90 days, the settlement and property transfer can extend for long, taking several months.
When an owner dies without a will or heirs what happens to the property and why California?
California Intestate Succession Law:
If survived by a spouse, with children, or deceased children's issue, then the spouse receives 100% of the community property, and between 1/2 and 1/3 of the separate property, depending how many children there are.
Who are legal heirs of deceased in India?
If the head or a family member passes away, the next direct legal heir of the deceased such as wife/ husband/son/daughter/mother can apply for the Succession 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 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.
What is the new inheritance law in India?
The exact proportions of distribution are determined by the personal laws and their specific provisions. For example - succession as per Hindu Succession Act for no-Will situation, wealth shall be Firstly distributed of a male person to his mother (if living), wife and all sons, daughters (including married) equally.
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.”
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 sell my deceased parents' house without probate?
You can only sell before probate when probate isn't required in the first place. As often, whether a deceased person's house can be sold before probate will depend on whether they planned for it or not. If the deceased person placed the property in a living trust during their lifetime, then probate can be avoided.
What happens if a will is not followed after death?
However, if you feel an executor is not satisfying the requirements of the will, and is actively defying the wishes of the deceased, there are steps you can take to have them removed. A probate court monitors the probate process, which means the probate court can also have an executor removed.
Is it illegal to keep utilities in a deceased person's name?
Yes, that is fraud. Someone should file a probate case on the deceased person.
Can I use my mom's debit card after she dies?
You cannot use your mom's debit card after she dies. Instead, you should notify the bank of her death and apply to the Surrogate's Court for approval to access her assets.
What happens to the property of a deceased person in India?
If the deceased did not leave a will, the property will be distributed according to the applicable personal law. For Hindus, the property distribution follows the Hindu Succession Act, 1956. For Muslims, it follows Muslim Personal Law.
What happens if there is no nominee in bank account after death?
But what happens if there is no nominee? In case there is no nominee, the bank will need clarity on who is the rightful owner of the money. This will apply to bank accounts and to investments. These steps become essential if there is no nominee.