When a loved one passes away, one of the most pressing questions for families is: Who inherits the property? The answer depends on whether the deceased left a will and which law applies based on their religion. In India, inheritance is governed by personal laws, and recent changes have strengthened the rights of sisters and daughters. Here’s a simple, viral-ready guide to inheritance law, legal heirs, and the rights of beloved sisters.
With a Will (Testamentary Succession):
If the deceased left a valid will, the property is distributed as per the wishes stated in the will. The will can specify any person family, friend, or even a charity as a beneficiary. The will is legally binding and usually requires probate (court validation) in some states.
Without a Will (Intestate Succession):
If there is no will, the property is divided according to the personal law of the deceased. For Hindus, Sikhs, Buddhists, and Jains, the Hindu Succession Act, 1956 applies. For Muslims, the Shariat law applies. Christians and Parsis are governed by the Indian Succession Act, 1925.
Legal heirs are individuals recognized by law to inherit property. Under the Hindu Succession Act, legal heirs are divided into two classes:
Class I Heirs: These include the deceased’s spouse (widow/widower), son, daughter, mother, and children of predeceased sons or daughters. All Class I heirs inherit the property in equal shares.
Class II Heirs: If there are no Class I heirs, property passes to Class II heirs, such as the deceased’s father, siblings, and nieces/nephews.
If there are no legal heirs, the property may eventually revert to the government.
Historically, daughters and sisters had limited rights to family property. However, the Hindu Succession (Amendment) Act, 2005 brought a revolutionary change:
Daughters now have an equal right to ancestral property as sons. Their share accrues by birth, and marital status does not affect this right.
If a father dies intestate (without a will) after September 9, 2005, daughters and sons inherit equally. If the father died before this date, the old rules apply.
Sisters, as daughters of the deceased, are Class I heirs and have an equal claim to the property, just like brothers.
A father cannot disinherit his daughter from ancestral property by making a will; her right is protected by law. However, self-acquired property can be willed to anyone, unless there is no will, in which case it is divided equally among legal heirs.
If a person dies intestate (without a will):
The property is divided equally among all Class I heirs—spouse, sons, daughters (including sisters of the deceased), and mother.
If there are no Class I heirs, Class II heirs inherit in a set order.
For other religions, similar principles apply, but the specific shares and eligible heirs can vary.
Legal Heir Certificate: Class I heirs (spouse, children, mother) can apply for a legal heir certificate to claim property, insurance, or bank balances.
Probate Court: If there is a will, probate may be required to validate it and transfer property.
