Legal Guide

A Guide to Property Distribution Law in India

by Bhavya Choudhary · 4 min read

Property distribution law in India

Introduction

  • After a person passes away, his or her property is inherited by their loved ones through a will or without it. These two ways of Succession are how the property distribution law in India regulations is made and came into effect.
  • The property distribution law in India that governs Succession and distribution is the Indian Succession Act of 1925. 
  • It is responsible for providing instructions on how the property is divided into equal parts or how it is distributed through the intended will. 

There are two types as per the property distribution law in India. 

  • Testamentary Succession 
  • Intestate Succession 

Inheritance/Succession by way of Testamentary

Succession through a person’s will

  • According to the property distribution law in India, Succession through a will is applicable when the person who passed away has left behind a will that explains their wishes and intentions regarding the disposal of their assets and possessions.
  • They mention the names of the person to whom they want to select for their asset takeover and management.
  • The ratio in which it is divided is mentioned as well as the executor’s name is given, who has the authority to complete the distribution process in a valid legal way as per the property distribution law in India.
  • Here no one can revoke or claim property if they are not obligated in the will. The will has the names of the heirs, and no other person has a right to take any share in between. This is known as Testamentary Succession.
  • Under the property distribution law in India, a will can be made by a person who is of sound mind and above 18 years of age.
  • It can be printed or handwritten, but it is suggested to have a handwritten will as it is more genuine and legally valid.
  • Will drafting is a crucial process, and contacting a lawyer online is suggested to make it effective in the best way as it is a convenient way of making one.

Intestate way of Succession 

In the absence of a Will

  • According to the property distribution law in India, In case there is no will present after a person’s death, then their property and valuables are divided among their successors in an equal ratio. Each heir gets their share as per Class division. 
  • There are class 1 heirs, class 2 heirs, Agnates, and cognates. These are the differences in the blood relations and availability of any person related to the deceased person. 
  • For example: if no family is available as class 1 heirs, then class 2 heirs will get their part according to the property distribution law in India.

Religion-based application of the Indian Succession Act, 1925

  • Many different kinds of cultures and religions are present in our country, and they all have different Succession laws. The property distribution law in India accommodates every religion and its law for property division after a person’s demise.
  • Specifically, land documents set rules and regulations act on various occasions to ensure a righteous manner of distribution. 
  • Whenever the property distribution law in India acts on any religion, the basic principle legislation used is the Indian Succession Act 1925.
  • The Indian Succession Act applies to Hindus only. It is used to regulate the property distribution law in India after a person passes away after leaving a will. 
  • Hindus are also applicable widely to Buddhists, Sikhs, and Jains. It is not applicable to intestate Succession to any religion.
  • Hindu Succession Act of 1956 applied for intestate Succession for Hindus, Sikhs, Jains, and Buddhists as the property distribution law in India. 
  • If by any chance the person is not accountable in the Hindu Succession Act, they are applicable to the Indian Succession Act. 

Mohammedan/Muslim law of Succession 

  • In the various rules of property distribution law in India, the court applies Mohammedan laws to every religion other than Hindu. Anything relating to Succession is handled by the Shariat Act 1937.
  • Any Testamentary or intestate Succession is regulated by this act as per the property distribution law in India if the parties involved are Muslim.

Types of properties 

There are two types of property where the property distribution law in India is applied. They are as follows : 

  • Ancestral property 
  • Self-acquired property 

Ancestral property is the property that is inherited from four generations without any division between the gaps. This kind of property has been in Indian HUF for years and is the right of every heir thereafter.

Self-acquired property is the property that the father has acquired with his own income or savings. No family money was used in such a purchase, and only he has the right to divide and pass on this property to anyone he wishes to as per the property distribution law in India.  

Rights of a Mother on Son’s Property

  • If a son has passed away untimely, his property heir is the mother of the son. If a man passes away without any will, his property has equal parts for his wife, mother, and children.
  • If the mother does not have a will present after she dies, the property rights devolve to other children she may have.
  • By any chance, if the mother is being wronged and is not sure about her rights, she may talk to a lawyer online or consult one to know about property distribution law in India. 

Adopted child rights on the property 

As per the property distribution law in India, the adopted child enjoys the same rights as any biological child. This is not the same for stepchildren. They do not inherit directly and can only claim such if it is mentioned in a will.

Conclusion

There are few laws in place for every Indian, and they exercise their rights to property accordingly. The land documents are used to register the Legal owner’s name with the registrar which makes the inheritance process a lot easier later on. It is mentioned under the Property distribution law in India.

It is beneficial to take legal consultation before taking decisions regarding any property. A professional can give the best advice related to any distribution of property or will in India.

Bhavya Choudhary

Written by

Bhavya Choudhary

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