Intestate Succession
Introduction
Succession law deals with how property is transferred after a person’s death. In India, succession is not uniform and depends on personal laws based on religion. Intestate succession applies when a person dies without making a will.
Meaning / Definition
Intestate succession means the transfer of property of a person who dies without leaving a will (legal document expressing wishes after death).
Key points:
- Property is distributed according to personal laws.
- No instructions are left by the deceased.
- Applicable laws depend on:
- Religion
- Domicile (permanent residence)
- Type of marriage
In India, different laws apply to:
- Hindus
- Muslims
- Christians
Modes or Types
Intestate Succession
- Applies when there is no will.
- Property is distributed according to statutory rules (rules given by law).
Testamentary Succession
- Applies when there is a valid will.
- Property is distributed according to wishes of the deceased.
Distinction / Comparison
| Basis | Intestate Succession | Testamentary Succession |
|---|---|---|
| Existence of Will | No will | Valid will exists |
| Basis of Distribution | Law decides | Individual decides |
| Control of Property | Fixed by statute | Based on personal choice |
| Applicability | When no will is made | When will is made |
Practical Example
A person dies without making a will.
- His property is distributed according to the personal law applicable to him.
- For example:
- A Hindu’s property is governed by the Hindu Succession Act, 1956.
- A Muslim’s property is governed by Muslim personal law.
Summary
- Intestate succession applies when a person dies without a will
- Property is distributed according to personal laws
- Laws differ for Hindus, Muslims, and Christians
- Factors like religion and domicile are important
- It is different from testamentary succession where a will exists