How inheritance works when there's no will

Hindus, Buddhists, Jains and Sikhs. Under section 8 of the Hindu Succession Act, 1956, a Hindu man's property passes first to the Class I heirs listed in the Act's Schedule. These include son, daughter, widow, mother, and children (and some grandchildren) of a son or daughter who has already died. If there are no Class I heirs, it passes to Class II heirs, then to agnates (relatives through males), and lastly to cognates (other relatives). A Hindu woman's property follows separate rules in section 15. It goes first to her sons and daughters (including children of a child who has died) and her husband, then to her husband's heirs, then to her mother and father, and so on. There are special rules for property she inherited from her parents or from her husband or father-in-law.

Joint family (coparcenary) property. Section 6, as replaced from 9 September 2005, makes a daughter a coparcener by birth in the same way as a son, with the same rights and liabilities. In Vineeta Sharma v. Rakesh Sharma (11 August 2020), the Supreme Court held that this applies to daughters born before or after 2005, and that the father didn't need to be alive on 9 September 2005. Partitions made before 20 December 2004 are protected. The Court also said a claim of oral partition can't usually be accepted unless it's backed by public documents. Some states, including Tamil Nadu (from 1989) and Karnataka (from 1994), had given daughters coparcenary rights through their own amendments before 2005.

Muslims. The Muslim Personal Law (Shariat) Application Act, 1937 makes Muslim personal law the rule of decision on matters including succession where the parties are Muslims. Shares are fixed by personal law and differ between schools. The Supreme Court has noted that a Muslim's testamentary disposition (will) is generally limited to one-third of the net estate.

Christians, Parsis and others. Part V of the Indian Succession Act, 1925 deals with intestate succession. Chapter II (sections 31–49) covers most people who aren't Hindu, Muslim or Parsi, including Christians. Chapter III (sections 50–56) has special rules for Parsis.

Scheduled Tribes. The Hindu Succession Act doesn't apply to members of Scheduled Tribes unless the Central Government directs otherwise. Customs usually apply. In July 2025, the Supreme Court held that where no custom excluding women was proved, a tribal woman's heirs were entitled to an equal share.

1. Tahsildar / revenue office. For a legal heir or family tree certificate and to update land records.
2. District Court. For a succession certificate, letters of administration, or a declaration of heirship.
3. Civil court. For a partition suit or a dispute about who the heirs are.
4. District Legal Services Authority (DLSA). Free legal aid is available to eligible people.