Inheritance Law In India

Inheritance law in India governs the distribution of assets and property after a person’s death. It determines who is legally entitled to inherit and what share each heir receives. The law varies based on religion and type of property involved. Inheritance can occur through a will or by intestate succession when no will is made. Advocate Sagar Sharma provides expert legal counsel on inheritance matters, succession disputes, and property division across all communities.

What Is Inheritance Law?

Inheritance law covers legal rules for distributing property after a person’s death. It applies to all citizens but follows different codes depending on religion. The law ensures the rightful heirs receive property, either according to a will or succession rules. Inheritance can be either testamentary (with a will) or intestate (without a will).

Inheritance Law for Hindus

The Hindu Succession Act, 1956 governs inheritance for Hindus, including Jains, Sikhs, and Buddhists.

• If no will exists, the property gets divided among Class I heirs.
• Class I heirs include the spouse, sons, daughters, and mother.
• Daughters get equal rights as sons in both ancestral and self-acquired property.
• If no Class I heirs exist, Class II heirs like siblings or extended relatives inherit the property.

Inheritance Law for Muslims

Muslims follow inheritance rules under the Muslim Personal Law (Shariat) Application Act, 1937.

• The law divides heirs into sharers and residuaries.
• Sharers include spouse, children, and parents.
• A Muslim can will only one-third of the property.
• The rest of the property must go to legal heirs as per Islamic law.

Legal Steps in Property Inheritance

To inherit property, legal heirs must follow specific procedures:

• Apply for a legal heir certificate or succession certificate for movable assets.
• File for mutation to update land or property records.
• Use probate to validate a will through the court.
• File a partition suit in case of disputes between heirs.

Conclusion

Inheritance law in India protects legal heirs and ensures fair property distribution. The law varies by religion, so you must follow the right legal path. Collect all necessary documents and take timely legal action. Advocate Sagar Sharma provides trusted legal support in succession planning, will registration, and property disputes to safeguard your rights.