⚖️ Intestate Succession under the Indian Succession Act, 1925
1. Meaning of Intestate Succession
When a person dies without making a valid will, their property is distributed according to the rules of intestate succession under the Act.
👉 Applicable mainly to:
- Christians in India
- Parsis (with separate rules under the Act)
- Others not governed by personal laws like Hindu or Muslim law
⚖️ Property Considered for Intestate Succession
(Under the Indian Succession Act, 1925)
When a person dies intestate (without a will), only certain types of property form part of the estate that will be distributed among heirs. Not everything owned or connected to the deceased is included.
🧾 1. Property INCLUDED in Intestate Succession
A. Self-acquired Property
Property owned absolutely by the deceased
Includes:
- House, land, vehicles
- Bank balance, investments, shares
👉 This forms the main estate for succession.
B. Separate Property (Not Joint)
- Property not held as joint ownership or governed by survivorship
- Includes property where the deceased had exclusive ownership rights
C. Movable and Immovable Property
- Movable → cash, jewellery, securities
- Immovable → land, buildings
✔️ Both are included in intestate succession
D. Actionable Claims
Legal claims like:
- Money owed (debts receivable)
- Insurance claims (if no nominee or beneficial nomination)
🚫 2. Property NOT Included in Intestate Succession
A. Joint Property (with Right of Survivorship)
If property is jointly held:
- It passes to the surviving co-owner, not through succession
B. Nominee-based Assets (Sometimes)
Assets like:
- Insurance
- PF/Gratuity
👉 These go to the nominee, but:
- Nominee may act as trustee, and legal heirs can still claim (depends on law)
C. Trust Property
Property held in trust by the deceased:
- Does not belong personally to the deceased
D. Property Already Transferred Before Death
Gifts, sales, or transfers made during lifetime:
- Not part of intestate estate
E. Coparcenary Property (Important Distinction)
In case of Hindus (not governed by this Act):
- Property devolves by survivorship, not intestate succession
📌 3. Net Estate Principle
Before distribution, the estate is calculated as:
👉 Net Estate = Total Property – Debts – Funeral Expenses – Liabilities
2. General Scheme (For Christians – Sections 31–49)
A. Where the deceased leaves a widow/widower + lineal descendants
- Widow/Widower → gets 1/3 share
- Lineal descendants (children, grandchildren) → get 2/3 share
B. Where the deceased leaves a widow/widower but no lineal descendants
Widow/Widower gets:
- 1/2 share, if kindred (relatives) exist
- Full property, if no kindred exist
C. Where there is no widow/widower
Property goes to:
- Lineal descendants (children equally)
- If none → Kindred (relatives) like parents, siblings
3. Distribution Among Lineal Descendants
Rule of Equality
- Property is divided equally among children
Per Stirpes Rule
If a child has died before the intestate:
- Their share goes to their children (grandchildren)
4. Distribution Among Kindred
If no direct descendants:
Father → gets full share
If father is dead:
- Mother, brothers, sisters share
Further relatives inherit based on degree of proximity
5. Special Rules for Parsis (Sections 50–56)
- Widow/widower and children get equal shares
- Parents also get shares along with children
- Distribution is more inclusive compared to Christians
6. Important Concepts
✔️ Lineal Descendants
- Direct bloodline: children, grandchildren
✔️ Kindred
- All blood relatives (collateral relatives included)
✔️ Per Capita vs Per Stirpes
- Per capita → equal share per person
- Per stirpes → branch-wise distribution
7. Key Features of the Act
- Based on proximity of relationship
- Ensures fair distribution among family members
- Provides a uniform system (especially for Christians)
Case
Mary Roy v. State of Kerala (1986)
🔑 Principle:
Applied the Indian Succession Act to Syrian Christians Daughters given equal inheritance rights
