A will is a legal document that outlines your intentions for how you want your possessions to be distributed and how you want to care for any minor children. Making a will enables a person to specify their wishes for their property, holdings, and other possessions after their passing. The document informs recipients about the required wealth, how it will be given, to whom, and in what manner.
But what happens if there’s no will? This is likely to turn into a family argument if there are no testamentary documents. Additionally, it could take more time, money, and emotional effort for your heirs to settle your affairs following your passing.
When a person passes away intestate, all of the lawful heirs receive an equal portion of the estate. After the death certificate is produced, the authority publishes a notice asking for any claims on the property that will be divided among the rightful heirs. Legal heirs can agree on the shares among themselves, or if there is a disagreement, the court must settle the issue in accordance with the law.
Intestate means that a person is presumed to have died without leaving a will or other testamentary disposition for any property, as defined under section 30 of the Indian Succession Act, 1925.
In India, a person's life and death are ruled by his personal laws or religious laws. As a result, the property is divided in accordance with rules governing Hindu or Muslim succession, etc. Having said that, if a person passes away intestate, his remaining legitimate heirs receive an equal share of the property under the Indian Succession Act, 1925.
The property of a Hindu man passing away intestate is governed under the Hindu Succession Act, 1956. If a person dies intestate, his property will belong to Class I heirs and will be split evenly among them. If there are no Class I heirs, Class II heirs would get the property.
For example, if someone passes away intestate and leaves behind a wife, two sons, and a daughter, their property will be split evenly between them at one-fourth each. If the man has no children, the property will go to class II heirs.
When there is no written will, there is no nomination, or your name is not on the nominee list but you wish to claim the asset because you are the legal heir, you need a succession certificate. You will be required to present a court-issued succession certificate, which serves as proof that you are a legitimate legal successor, at that time.
There are several laws pertaining to it. Given that you would have to deal with a zillion queries and verifications, this is the period when you would most definitely require a lawyer.