When a person dies without a WILL in India, their property and assets are distributed according to the laws of intestacy, which are set out in the Indian Succession Act, 1925. The laws of intestacy determine who is entitled to the deceased person’s property and assets, and in what proportion.
The distribution of property and assets under the laws of intestacy is determined based on the deceased person’s family structure, with different rules applying depending on whether the deceased person was married, had children, or had other relatives.
If the deceased person was married, their surviving spouse is entitled to a portion of their property and assets, with the remaining assets being distributed among their children, parents, and other relatives in accordance with the laws of intestacy.
If the deceased person was unmarried and had no children, their parents are entitled to their property and assets. If the deceased person had no surviving parents, their siblings are entitled to their property and assets. If the deceased person had no surviving siblings, their grandparents, uncles, and aunts are entitled to their property and assets.
It is important to note that the laws of intestacy do not take into account the deceased person’s wishes or intentions regarding the distribution of their property and assets. Therefore, if a person wishes to have control over how their property and assets are distributed after their death, it is important to prepare a valid WILL.
In addition, the distribution of property and assets under the laws of intestacy can be a complex process, particularly if there are disputes among family members or if the deceased person had significant assets. It is advisable to seek the assistance of a lawyer in order to navigate this process and ensure that the deceased person’s property and assets are distributed in accordance with the law and also according to religion.
