Intestate Succession under Different Religions

What is Intestate Succession?

When someone passes away without leaving a will, it’s referred to as intestate succession, and describes who inherits their property after them. In intestate succession, the property is passed down by the legislation or tradition that the departed is controlled. The Hindu Succession Act, 1956, states that when a Hindu dies intestate, or without leaving a testament, his heirs inherit both separate and joint family property. A son was entitled to share in joint family property from birth under Hindu law. The gender discriminatory clauses of the Hindu Succession Act, 1956, were repealed by the Hindu Succession (Amendment) Act, 2005. The Hindu Succession (Amendment) Act, 2005, now grants daughters the same rights to inherit from the estates of their fathers, grandfathers, and great-grandfathers.

Key Takeaways:

• Property can be transferred through inheritance. The right of an heir to inherit property upon the death of an ancestor through a line of succession is known as inheritance.
• All of the deceased’s property rights are divided into two categories; inheritable rights and uninheritable rights.
• When someone passes away without leaving a will, they are considered intestate, and the transfer of their assets is referred to as intestate succession.
• An heir is a person who has the legal right to inherit assets following the death of an intestate.

Intestate Succession under Different Religions

Intestate succession varies among religions, shaping how assets are distributed when there’s no will.

1. Intestate Succession under Muslim Law

• There is no codified legislation concerning intestate succession among Muslims.
• They are regulated by laws found in religious books.
• The difference between self-acquired and inherited property is nonexistent among Muslim religion.
• When an ancestor passes away, the heir’s rights are created.

For example, passes away without a will, his assets are divided according to the Muslim law. For instance, if Ahmed has a wife, she might receive a portion, as would his parents and children, following specific guidelines outlined in Islamic inheritance laws. These laws ensure fair distribution among family members based on their relationship to the deceased.

2. Intestate Succession under Other Religions

Christians and Parsis are subject to intestate succession laws under the Indian Succession Act of 1925. There are some ideas that are shared by all faiths, even if each one has its own unique set of laws regarding intestate succession.

(i) Heirs: Ascendants, Descendants, and Collaterals

An heir is a person who has the legal right to inherit assets following the death of an intestate. There are three possible categories of heirs: collaterals, descendants, and descendants.

• Ascendants: An individual’s maternal and paternal forebears are referred to as their ascendants. The mother and father are the immediate ascendants. Paternal grandfather (FF), paternal grandmother (FM), maternal grandfather (MF), maternal grandmother (MM), father (F), mother (M), and so on are included. The degree of growth has no bounds.
• Descendants: A person’s descendants are their children. A person’s sons and daughters are their direct descendants. Son (S), daughter (D), grandson (SS), granddaughter (SD), great-grandson (SSS), and so on are included. The degree of fall is infinite.
• Collaterals: Collaterals are those who descended from a common ancestor or ancestress in parallel lines. For example, collaterals include siblings and their offspring, as well as maternal and paternal uncles and aunts and their offspring. These heirs may be related to one another via uterine, half, or whole blood.

(ii) Relation by Full Blood, Half Blood, and Uterine Blood

• Relationship by Full Blood: When two people have the same mother and father, they are connected to one another by full blood.
• Relation by Half Blood: When two people have the same father but separate mothers, they are connected to one another by half blood.
• Relation by Uterine Blood: When two people share a mother but have separate fathers, they are connected to one another by uterine blood.

Every community has roughly the same laws regarding intestate succession, which give the deceased person’s spouse and any of their direct descendants first dibs. Collaterals that are close to the deceased are given priority in their absence.

Intestate Succession-FAQs

What are inheritable rights?

A right can be inherited, provided its owner survives. It transfers to the owner’s legal representative and continues to function even after the owner passes away. For example, rights pertaining to property, such as debts, are transferable rights.

What is succession?

The procedure by which property is transmitted when someone passes away is called succession. It may also be used to describe the estate that a deceased person leaves behind.

Is Testamentary Succession similar to intestate succession?

No, both are different concepts. Testamentary succession occurs when a deceased person leaves a will designating particular heirs to receive their property. Intestate succession occurs in the event that the decedent did not leave a will. The laws governing the deceased (as dictated by his religion) take over and specify the distribution of his estate.

What is the Escheat Rule?

The Escheat Rule states that if no heirs are found, property may pass to the government. However, its application varies by jurisdiction.

Does intestate succession give rise to any preferences?

The laws governing intestate succession are essentially the same in every community; the surviving spouse and their direct descendants are granted precedence. Colleagues that are close to the deceased are given priority in their absence. Property passes to distant agnatic heirs first, and then to cognatic heirs in their absence.

Reference:

• INDIA CODE
• Legal Studies NCERT- Class XI

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