How do legal heirs inherit property when there is no will?

When a person dies without a will (intestate), their property is distributed among the legal heirs according to the applicable succession law based on their religion. For Hindus, the property goes first to Class I heirs in equal shares.

Key points

• Intestate succession follows the personal law applicable to the deceased's religion.
• For Hindus, Class I heirs (such as spouse, children, and mother) inherit first, in equal shares.
• If there are no Class I heirs, the property passes to Class II heirs and then more distant relatives.
• Daughters have equal inheritance rights as sons.
• A Legal Heir or Succession Certificate is usually needed to formalise the transfer.

Relevant law

For Hindus, intestate succession is governed by Sections 8 to 13 and the Schedule of the Hindu Succession Act, 1956. Other communities are governed by their respective personal laws or the Indian Succession Act, 1925. Succession certificates are issued under Part X of the 1925 Act.

What you can do

• Obtain a Legal Heir Certificate from the Tehsildar or SDM office in Pune.
• Identify all Class I heirs and their entitled shares.
• Execute a partition or complete mutation to record the shares.
• Consult a succession lawyer in Pune to divide the property correctly.