Property is divided among legal heirs according to the applicable succession law and the nature of the property. If the deceased left a valid will, the property is generally distributed according to the terms of that will, subject to applicable legal restrictions. If there is no will, the person is considered to have died intestate, and the property is distributed according to the relevant personal succession law.
For Hindus, Buddhists, Jains, and Sikhs, the Hindu Succession Act, 1956 generally governs intestate succession. Class I heirs, such as the spouse, children, and mother, ordinarily have equal shares in the deceased's property. For example, if a Hindu man dies leaving a wife, one son, one daughter, and his mother, the property would ordinarily be divided into four equal shares, subject to the specific facts and nature of the property.
For Muslims, inheritance is governed by Muslim personal law, under which different heirs may receive different prescribed shares.
For Christians and Parsis, succession is generally governed by the Indian Succession Act, 1925.
It is also important to distinguish between self-acquired property and ancestral/joint family property, because the rules can differ. Before transferring or selling inherited property, legal heirs should establish their entitlement and complete the necessary legal and revenue procedures.
