Who inherits property if no will in India?
Asked by: Rosie Batz | Last update: January 3, 2026Score: 4.5/5 (52 votes)
Without a Will, the distribution of assets may not reflect your personal wishes and intentions. The default rules of intestate succession often prioritize immediate family members or natural heirs, such as spouses, children, parents, and siblings as per ratio defined in laws.
Who gets the house 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.
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.
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.
Who inherits property after death in India?
—The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3. —The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.
Property Inheritance: What If There Is No Will I Explained | Mint Money
How is property transferred after death without will 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 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 is first in line for inheritance?
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.
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.
Does the oldest child inherit everything?
Does the oldest child inherit everything? No, the oldest child does not automatically inherit everything when a parent dies without a will.
How can NRI inherit property in India?
A Non-Resident Indian (NRI), can inherit immovable property in India in two ways: Valid Will, i.e., testamentary succession; or. Laws of intestate succession i.e., when a person passes away without writing a valid Will and the property is inherited as per the relevant succession laws in India.
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.
Can I own property in India as a US citizen?
Can US citizens buy property in India? Yes, a US citizen can purchase property in India. As per the regulations set by the RBI and FEMA, they are eligible to buy immovable property in India which includes residential and commercial properties.
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.
Do daughters inherit property in India?
Daughters under Hindu Law now inherit ancestral property, both maternal and paternal, on par with sons. They share the same liabilities, and on adulthood, daughters gain complete control over any property or assets gifted or bequeathed to them.
What happens to a mortgage if someone dies without a will?
If you die without a will
The mortgage would be entered into the unsettled estate. The executor might use outstanding assets or death benefits from a final expenses life insurance policy to pay off the mortgage.
Is a spouse automatically a beneficiary?
If you're not married you can choose anyone to be your beneficiary. However, if you're married, or are planning to get married, please be aware that by law, your spouse is your default beneficiary, regardless of who you may have been your beneficiary before getting married.
What if my name is not on the house?
What Does It Mean If Your Name Is Not on the Deed? If your name isn't on the deed, you're not the legal owner. However, in a divorce, the court looks at the contribution of both spouses to the marriage, which includes non-financial contributions, when dividing assets.
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.
Who are the rightful heirs?
Heirs who inherit property are typically children, descendants, or other close relatives of the decedent. Spouses typically are not legally considered to be heirs, as they are instead entitled to properties via marital or community property laws.
Do siblings have the right to inherit?
In general, if your sibling dies without a will, you will only inherit if your sibling has no living spouse, domestic partner, child, adopted child, grandchild, or parent. If that's the case, then surviving siblings are given equal inheritance distributions.
How long does an heir have to claim their inheritance?
An heir can claim their inheritance anywhere from six months to three years after a decedent passes away, depending on where they live. Every state and county jurisdiction sets different rules about an heir's ability to claim their inheritance.
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.
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.
Is there any 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.