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1 ) Hindu Succession Act, 1956: Section 8 provides that when a Hindu male dies intestate,
a) property will first devolve upon Class I heirs. Class I heirs are known as ‘preferential heirs’. Class I heirs include sons, daughters and the widow;

b) if there are no Class I heirs, the property will devolve upon Class II heirs. Class II heirs include brother(s) of the deceased and sister(s) of the deceased.

c) if there are no Class II heirs the property will devolve upon agnates. Agnates include a deceased’s son’s son, a deceased’s father’s brother’s widow and a deceased’s father’s brother’s daughter; and,

d) if there are no agnates, property will devolve upon cognates. Cognates include a deceased’s daughter’s children and a deceased’s son’s daughter’s children.

Distribution of shares between heirs in Class I and Class II:
Although Class I heirs inherit their share of the property simultaneously their shares are not equal.

Rule 1- The widow of the deceased (or if there are more than one widow, all widows together) take one share.

Rule 2- The surviving sons and daughters and the mother of deceased each take one share.

Rule 3- The heirs of each pre-deceased son or each pre-deceased daughter of the deceased take one share jointly.

Rule 4 – This elaborates on Rule 3 and provides that in case of a pre-deceased son’s heirs, shares will be taken in equal proportion by the widow(s) and sons and daughters. In case of a pre-deceased daughter’s heirs, the shares are to be taken in equal proportion by her sons and daughters; her husband being excluded.

2 ) The Muslim Personal Law (Shariat) Application Act, 1937 (Sharia Act) There are 4 primary sources of Muslim Law in India, that is, the Quran, the Sunnah of Hadis, Ijma and Qiya.

Bequest of property by will (Wasiyatnama)

Property under Muslim law is anything which is capable of being transferred and which exist at the time of the testator’s death. The Fatwa-i-Alamgiri defines a will as the “conferment of a right of property in a specific thing, or in a profit or a gratuity to take effect on the death of the testator”.

Under Muslim Law, only one-third of a person’s net estate may be bequeathed by will, subject to certain conditions and exceptions prescribed under Shia and Sunni law.

3 ) The ISA, which applies to Parsis, Indian Christians and persons married under the Special Marriages Act, 1954.
When dealing with intestacy, the ISA is divided into two parts, (i) Rules in case of intestates other than Parsis, covered in Chapter II under sections 31 to 49; and (ii) Special rules for Parsis specified under Chapter III vide sections 50 to 56.

The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter.
The governing rules are as follows:
a) If the intestate has left a widow and lineal descendants, then one-third goes to the widow and balance two-thirds to the lineal descendants8.

b) If the intestate is survived by the widow and kindred, but no lineal descendants, then one-half goes to the widow and the balance one-half to the kindred9.

c) If there are no lineal descendants or kindred then, that the property goes entirely to the surviving husband or wife

Further, the ISA lays down the rules of distribution among the widow, lineal descendants and the kindred of a deceased.

If the intestate has left a surviving spouse, then his/her share is to be deducted first and then distributed amongst lineal descendants and kindred.

3. A ) Rules specific to Parsis dying Intestate:
in cases of intestate succession, there are specific sections carved out which are applicable exclusively to Parsis.
Normal rules of intestacy such as consanguinity do not apply to Parsis.
a) No distinction between a living child and a child in the womb who is subsequently born alive;
b) Lineal descendants of an intestate who have died in the lifetime of the intestate without leaving a widow or widower or any lineal descendant shall not be considered for intestate succession;
c) A widow or widower of any relative of an intestate who has remarried during the lifetime of an intestate shall not be considered and shall be deemed to not exist at the time of the intestate’s death.

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I'm Abhishek Roychowdhury, a Certified Financial Planner™ with an MBA in Finance and over a decade of experience in the investment industry. I've worked with leading institutions like SBI Mutual Fund, Bandhan Mutual Fund and Mackenzie Investments (Canada). I'm here to help you build a more sustainable life. This channel offers practical advice on budgeting, investing, retirement planning, Risk planning, insurance, and more. Subscribe for expert guidance on your financial journey.

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