6 Replies to “Which Indian Law deals with PROPERTY INHERITANCE in the absence of WILL with ref. to HINDUS?”

  1. The Indian Succession Act and Transfer of Property Act are relevant laws. In a case like urs, the legal heirs should apply to the Court and obtain a succession certificate, in whose name the property will be transferred. It is usually the widow of the deceased, who will succeed to the property. Consult a lawyer, before it is too late.

  2. As per Hindu succession act, mother and sons will be considered class 1 heirs. Since father died intestate, mother or sons should file for a partition suit in the court.

  3. The Hindu Succession Act, 1956 deals with the question of inheritance in the absence of a will.

    But in your question you have not mentioned whether the said property is an ancestral property or the property has been made out the dead father out of his own income.

    If the property is an ancestral one then the mother and the sons will have an equal share in the property. (Daughters will also have a equal share)

    if the property is not an ancestral one then the inheritance will follow the following sequence mentioned in the Schedule mentioned in the Hindu Succession Acr:
    Son; Daughter, Widow, mother ……….

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