How is property inherited when there is no will?
It depends on the personal law of the person who has died. For Hindus, Buddhists, Jains and Sikhs, the Hindu Succession Act, 1956 applies, and the property passes first to the Class I heirs, who include the widow, sons, daughters and mother and who inherit together rather than one after another. Since the 2005 amendment, daughters have the same rights as sons in ancestral property. For Christians and Parsis the Indian Succession Act, 1925 applies, and for Muslims, Muslim personal law.
We advise individuals, family offices and business owners on wealth preservation and seamless intergenerational succession. Our practice handles everything from structured estate plans to delicate, high-value probate disputes.
What the practice covers
- Estate structuring and wills. Drafting customised wills, family governance frameworks and living trusts.
- Probate and letters of administration. Court probate procedure, the transmission of assets and the distribution of the estate.
- Succession certificates. Applications to the District Judge where there is no will, so that bank deposits, shares and other debts owed to the deceased can be collected.
- Contested succession and family disputes. Contested wills, trust disputes and partition suits, resolved through mediation or litigation.
Where there is no will
When someone dies without a will, the personal law that applied to them decides who inherits, and a bank or company holding their money will usually want a court’s authority before releasing it. That authority is most often a succession certificate. Where there is a will, the equivalent step is probate, or letters of administration where no executor was appointed.
Land transactions and property documentation are handled in the firm’s land and property practice.
Common questions
What is a succession certificate and when is one needed?
A succession certificate is granted by a civil court under Part X of the Indian Succession Act, 1925 and authorises the holder to collect debts and securities belonging to a deceased person. It is typically required where someone has died without a will and a bank, company or debtor wants an order of the court before releasing money or transferring securities. The application is made to the District Judge with jurisdiction, and the court issues a public notice inviting objections before granting it.
Is a legal heir certificate the same as a succession certificate?
No. A legal heir certificate is issued by the revenue authorities, usually the Tehsildar, and identifies the heirs of the deceased. A succession certificate is granted by a civil court under the Indian Succession Act, 1925 and authorises the holder to collect debts and securities such as bank deposits and shares. Banks and companies often ask for the second where the sums involved are significant.
Where is an application for a succession certificate made?
To the District Judge within whose jurisdiction the deceased ordinarily resided at the time of death, or where that is not determinable, where any part of the property is situated.
Does a succession certificate cover immovable property?
No. It relates to debts and securities. Immovable property generally passes by a different route, and where a will exists probate or letters of administration may be the appropriate application.
How long does the succession certificate procedure take?
It varies with the court and whether objections are filed. The statutory public notice period alone means the process is not immediate, and a contested application takes considerably longer than an uncontested one.
When is probate of a will required?
Probate is the court's certification of a will, granting administration of the estate to the executor. Under Section 213 of the Indian Succession Act, 1925 it is compulsory for wills made by Hindus, Buddhists, Sikhs and Jains within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay, or concerning immovable property there. Elsewhere, including Delhi, it is not compulsory by law, though banks and registrars often ask for it.