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What happens to property if a person dies intestate (without a will)?

Posted by jobseeker Lavanya Bhardwaj | Approved
Answers (8)

If a person dies without a will (intestate), their property is distributed according to the laws of intestate succession, which vary by jurisdiction. Generally, the closest living relatives, such as a spouse, children, parents, and siblings, are the first in line to inherit. The exact order and proportions of inheritance are determined by the specific laws of the relevant jurisdiction.

Answered by jobseeker Garima Rajput | Approved

If a person dies intestate (without a will), their property is distributed according to the personal and succession laws applicable to their religion. For Hindus, Buddhists, Sikhs, and Jains, the Hindu Succession Act applies, where the property typically goes to Class I heirs such as the spouse, children, and mother. For Muslims, property is divided based on Islamic inheritance laws, which assign fixed shares to specific heirs. For Christians and others, the Indian Succession Act governs the distribution. In all cases, legal heirs must follow the prescribed rules, and the estate is settled through the appropriate legal process.

Answered by jobseeker kashvi | Approved

The property of dying intestate person is distributed according to the governed law which basically determined by their religion. If the dead person is hindu(Hindu,Budhist,Sikhs,Jain)than will be governed by the HINDU SUCCESSION ACT sec 8. If the person is female hindu than the property will be distributed according to the sec 15 of HSA.
If the person is Muslim than it will be distributed as fixed shares to the relatives and the fixed share are different for Siya and Sunni Muslim.

Answered by jobseeker RUDRAPRATAP SINGH | Approved

The property of a person pass to their heir through two ways, first by interstate succession and secondly by will. If will is is not there the property was distributed by law applicable on him. Property of Hindu dissolve by Hindu Succession Act 1956 and muslim by lslamic law or muslim law.
In Hindus property of male is devided by Sec 6, 8,9 and 10 of HSA and of female by Section 15 and 16 of HSA.
Property of Hindu firstly goes to Class 1st heirs, Class 2nd heirs, Agnates and Cognates successively.

Answered by jobseeker Pawan Pandey | Approved

When a person dies intestate (without a will), their property is distributed according to statutory laws based on their religion and domicile. Here's a concise breakdown for India:
Hindus, Sikhs, Buddhists, Jains (Hindu Succession Act, 1956, with 2005 amendment)

Hindu males:
(According to section 8,9,10 of HSA)

Class I heirs (must share equally): widow, sons, daughters, mother, and certain grandchildren.
If no Class I heirs, property goes to Class II heirs (father, siblings, nephews/nieces, etc.)
Absent both, further relatives : Agnates then cognates will inherit, otherwise property flips to the state.

Hindu females:
(According to section 14,15&16 of HSA)

Inherit first: Children (and descendants of any predeceased child) and Husband
Second: Heirs of husband
Third: Parents (Mother &Father)
Fourth : father's heirs
Fifth: mother's heirs

If the Hindu female inherited the property from husband or father -in -law ,then it will get devolve to husband or FIL & If the property inherited from the mother or father then it will get devolve to mother or father .

HSA,2005 amendment: daughters now have equal rights in ancestral property and are coparceners.

Muslims (Muslim Personal Law/Shariat Act, 1937)

Assets are distributed strictly according to Sharia shares (e.g., known fractions for spouse, children, parents).
No Muslim is governed by Hindu Succession or Indian Succession Acts .

Answered by jobseeker JYOTI MEENA | Approved

Under Section 30 of the Indian Succession Act, if someone dies intestate, the court may issue a notice to invite claims over the property left behind after the death certificate is issued. In such a situation, each heir receives a portion of the property, or they can decide themselves amicably on the distribution. If it remains unsettled due to some disagreements, the court can step in to settle the matter. There are several factors that determine how the property will be treated by the law. Factors like the person’s marital status—married, single, widowed, with or without children, etc.—are critical aspects that determine the nature of a will. Further, an individual’s will and its features with regards to property may vary based on his religion.

Answered by jobseeker Shivani Kumari | Approved

If a person dies without the will, their property will be distributed according to the law whether by hindu succession act or by muslim succession act.For christian and others Indian succession act is followed to distribute the property. In all the situations legal heirs are followed. Closest and blood relations gets the fisrt preference like mother, spouse, children, wife of the dead son or grandchildren. It is distributed till the 3rd generation of the dead person. Womens get the opportunity to inherit after the hindu succession amendment act,2005. If there is no legal heirs according to the law than the property is given to the government.

Answered by jobseeker Daksha Aggarwal | Approved

As per Hindu Succession ( Amendment )Act 1956 if a Hindu male dies intestate his property will be distributed among the class 1 heir(widow/wife, son, daughter, mother etc).If class 1 heir doesn't exist then the property will go to the class 2heirs(father, sons daughters son, brother, sister) .If class 2 heir doesn't exist then the property will be transferred to agnates and if agnates(the person related by blood or adoption wholly through males) does not exist then the property will be given to the cognates(the person related by blood or adoption wholly through females).
Muslim law recognizes two types of heirs-sharers and residuaries . Sharers are entitled to a certain share in the deceased's property. Residuaries take up the share in the property that is left over after sharers have taken their part.

Answered by jobseeker shivani kumari | Approved

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