Answer By law4u team
If the deceased was a Muslim, Christian, or Parsi in India, the laws of succession and inheritance that apply depend on their personal laws (religious laws) and sometimes general civil laws. Here's a summary: If the Deceased was a Muslim Governing Law: Muslim Personal Law (Shariat) Application Act, 1937 Inheritance is governed by Islamic law (Sunni or Shia as applicable). There is no concept of absolute testamentary freedom; only one-third of the estate can be given by will to non-heirs. Property is distributed among legal heirs according to fixed shares. Succession certificate is needed for movable properties, like bank accounts. No need for probate unless the will is disputed. If the Deceased was a Christian Governing Law: Indian Succession Act, 1925 Intestate succession (when there's no will) is governed by Section 31 to 49 of the Act. Widow and children are primary heirs. If there is no will, the estate is equally divided among widow and children (if any). If no children, widow inherits the entire estate. If no widow or children, other relatives inherit. Probate is necessary if the will was executed in certain jurisdictions (like presidency towns). If the Deceased was a Parsi Governing Law: Indian Succession Act, 1925 (Sections 50 to 56) If intestate, property is distributed among Class I heirs (lineal descendants, spouse, parents) and then Class II. Widow, children, and parents usually inherit first. If there are no heirs, property may escheat to the government. Parsis can make a will and dispose of entire property freely. Probate of will is required if executed in certain jurisdictions.
