वसीयत के लिये एक निष्पादक (Executor) की नियुक्ति

Comments

Jolly

October 1, 2024

If there is no will how will children inheritance property.If there is no will written by parents how will children older than 50years inherit property

Reply

Sikha

November 25, 2024

When a parent dies intestate (without leaving a valid will), the inheritance of their property is governed by statutory or personal laws, depending on the religion of the deceased. Since no will is in place, the property is distributed based on the rules of intestate succession under the applicable law.

Types of Succession in Indian Law

Testamentary Succession: When there is a valid will, property is distributed according to the will.

Intestate Succession: When no will is present, property is divided as per statutory or personal laws. In this case, intestate succession applies.
General Rules of Intestate Succession Under the Indian Succession Act, 1925
For those governed by the Indian Succession Act, 1925, the property distribution is outlined primarily in Sections 32 to 49 of the Act. This typically applies to Christians, Parsis, and Jews.

Key Provisions for Intestate Succession Under the Indian Succession Act, 1925:

Section 33 specifies that in the absence of a will, property is divided among the spouse and children.

If no spouse survives, the property is distributed equally among the children. The age of the children is irrelevant in determining their share, so children over 50 years of age have the same right to inherit as younger children.

Intestate Succession Based on Religious Laws:

Hindu, Buddhist, Jain, and Sikh Succession (Hindu Succession Act, 1956):
• Class I heirs (including sons and daughters) inherit equally, regardless of age.
• ⁠If the deceased parent has no spouse, the children share the estate equally.
• ⁠Christian and Parsi Succession (Indian Succession Act, 1925):
• ⁠Christians inherit equally, as per Section 33 of the Act, irrespective of the child’s age.
• ⁠Parsis have separate provisions under Sections 50-56, allowing both male and female heirs to inherit equally.

Muslim Succession (Personal Law):
The estate is divided per Shariah principles. Sons inherit twice the share of daughters, but the age of the heirs does not impact inheritance rights.

Steps for Inheritance of Property Without a Will
The process for intestate inheritance includes:

1. Obtaining a Legal Heir Certificate: Heirs must apply for a legal heir certificate from the local authority to establish their rights.

2. ⁠Mutation of Property Records: After the legal heir certificate is obtained, property records must be updated to reflect the new ownership.

3. ⁠Partition of Property: In cases of multiple heirs, the property may be partitioned by mutual agreement or through a partition suit.

4. ⁠Settlement Deeds: If an heir wishes to relinquish their share, a settlement or release deed may be executed in favor of the remaining heirs.

Remedies Available
In case of disputes, heirs may:

File a Partition Suit to request a formal division of the property if there is no mutual agreement.
Apply for Letters of Administration from the court to manage and distribute the estate.

Conclusion
When parents die without leaving a will, the inheritance is governed by intestate succession laws based on the religion of the deceased or the statutory framework under the Indian Succession Act, 1925. The fact that children are over 50 years of age is irrelevant in determining their right to inherit. All children are entitled to equal shares of the estate under most succession laws unless personal laws (like Shariah) dictate otherwise.

Key Points to Remember:

Equal inheritance among children, regardless of age, in most cases.

Legal Heir Certificates and mutation of property records are essential procedural steps.
Remedies such as a partition suit or letters of administration are available in case of disputes

Reply