By Karun Reji, Chartered Accountant (India), BI-Outsource, Kochi. This guide is general information, not legal advice.
Short answer: if a Hindu man dies without a will, his self-acquired property goes first to his Class I heirs under section 8 of the Hindu Succession Act, 1956. His widow, each son, each daughter and his mother each take one equal share. Father, brothers and sisters inherit only if there is no Class I heir.
The same law applies to Hindus, Sikhs, Jains and Buddhists.
Who are Class I heirs?
- Widow (if there is more than one widow, they share one share together)
- Sons and daughters, equally; daughters have the same rights as sons
- Mother
- Children of a son or daughter who died earlier, who together take their parent's share
- Widow of a son who died earlier
Worked example
Ravi dies without a will, leaving self-acquired property worth ₹4 crore. He is survived by his wife, one son, one daughter and his mother. His father died earlier.
| Heir | Share | Value |
|---|---|---|
| Wife | 1/4 | ₹1 crore |
| Son | 1/4 | ₹1 crore |
| Daughter | 1/4 | ₹1 crore |
| Mother | 1/4 | ₹1 crore |
Many families expect the wife to get everything, or at least half. Without a will, she gets one-quarter here, and the family home becomes co-owned by four people.
If there is no Class I heir
The property goes to Class II heirs in a fixed order: father first, then the children of a son's or daughter's child, then brothers and sisters, and so on. Each group takes only if no one in the earlier group is alive.
What section 8 does not cover
- Ancestral or joint family (coparcenary) property follows section 6. Since the 2005 amendment, daughters are coparceners by birth just like sons.
- Property held under a will passes as the will says.
- Nominees on bank accounts, shares or insurance usually receive the money, but in most cases hold it for the legal heirs.
How to decide the shares yourself
A registered will, a gift during your lifetime or a private family trust lets you choose who gets what. For business owners, a trust or shareholder agreement also keeps the company out of co-ownership disputes.
See your own family's shares in 3 minutes: try our free succession planner, or talk to BI Family Office about a will, trust and succession plan.
