By Karun Reji, Chartered Accountant (India), BI-Outsource, Kochi. This guide is general information, not legal advice.
Short answer: if a Hindu woman dies without a will, section 15 of the Hindu Succession Act sends her property first to her sons, daughters and husband in equal shares. Children of a son or daughter who died earlier take that child's share.
The order of heirs
- Sons, daughters (including children of a predeceased child) and husband, equally
- Heirs of the husband
- Mother and father
- Heirs of the father
- Heirs of the mother
The exception that surprises families
If she has no children, property she inherited from her father or mother goes back to her father's heirs, not to her husband. Property she inherited from her husband or father-in-law goes to her husband's heirs. Property she bought or earned herself follows the normal order.
Worked example
Lakshmi dies without a will. She owns a flat she bought herself (₹90 lakh) and land inherited from her father (₹60 lakh). She leaves a husband and no children.
| Asset | Goes to |
|---|---|
| Flat she bought | Her husband, who is a first-level heir |
| Land from her father | Her father's heirs (for example her mother and siblings), not her husband |
Why this matters
Married couples without children often assume everything passes to the surviving spouse. For inherited property, it may not. A will fixes this in one document.
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.
