Indian Intestate Succession & Legal Heir Share Calculator
See exactly how Indian courts divide your bank accounts, Demat portfolio, and real estate if you pass away without a Will—under the Hindu Succession Act, 1956 (Sections 8 & 15), Muslim Personal Law (Shariat 1/3rd Wasiyat & Faraid), and Christian & Parsi rules (Indian Succession Act, 1925).
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Hindu Succession Act, 1956 — Section 8 & 10 (Male Dying Intestate)
Without a Will, your Wife does NOT inherit 100% of your estate—she receives only 25.0% (₹50,00,000). Every Class I heir (including your mother and each child) must sign NOCs or approach the court for asset transmission.
Statutory Legal Heir Share Breakdown
Total Estate: ₹2,00,00,000Takes 1 equal Class I share alongside children and surviving mother.
Receives 1 equal Class I unit.
Married and unmarried daughters take an equal share on par with sons.
Mother is a Class I heir of a Hindu male and takes an equal share with the widow and children! (Father is Class II).
How Drafting a Will Overrides This Statutory Split
Under Section 30 of the Hindu Succession Act, 1956, you can execute a Will to bequeath 100% of your self-acquired property—and your undivided coparcenary share in ancestral property—to your spouse or any person in any proportion you choose.
Statutory Comparison: Intestate Succession vs. Written Will
| Personal Law System | Governing Intestate Statute | Default Share Without a Will | Freedom With a Written Will |
|---|---|---|---|
| Hindu, Buddhist, Jain & Sikh (Male) | Section 8 & 10, Hindu Succession Act, 1956 | Equal split among Class I heirs: Widow, Sons, Daughters, and Mother (Father is Class II) | 100% freedom over self-acquired property + undivided coparcenary share (Section 30) |
| Hindu, Buddhist, Jain & Sikh (Female) | Section 15(1) & 15(2), Hindu Succession Act, 1956 | Equal split among Husband, Sons & Daughters; parental property reverts under Sec 15(2) if childless | 100% freedom over all Stridhan, self-acquired, and inherited property (Section 30) |
| Muslim — Sunni (Hanafi) & Shia (Ithna Ashari) | Muslim Personal Law (Shariat) Application Act, 1937 | Fixed Quranic shares (Zawil-Furud) for Spouse/Parents + 2:1 Residuary (Asabah) for Sons & Daughters | Up to 1/3rd (33.33%) of net estate via Wasiyat (Shia allows 1/3rd to heirs; Sunni to non-heirs) |
| Christian & Special Marriage Act, 1954 | Part V, Sections 31–49, Indian Succession Act, 1925 | 1/3rd to Spouse and 2/3rds equally to Children (or 1/2 to Spouse & 1/2 to Kindred if childless) | 100% testamentary freedom over entire estate (Section 59) |
| Parsi Community | Part V, Sections 50–56, Indian Succession Act, 1925 | Spouse & each Child take 1 equal share; each surviving Parent takes half the share of a Child | 100% testamentary freedom over entire estate (Section 59) |
How Intestate Succession Works Across 4 Personal Laws
When an Indian citizen or NRI/OCI holding assets in India passes away without leaving a validly executed Will under Section 63 of the Indian Succession Act, 1925, they are legally deemed to have died intestate. Banks, mutual fund registrars (CAMS/KFintech), NSDL/CDSL depositories, and municipal mutation authorities cannot distribute assets based on family consensus alone—they are bound by the statutory schedules of the deceased's personal law.
Even worse, as confirmed by the Supreme Court of India in Shakti Yezdani v. Jayanand Jayant Salgaonkar (2023), adding a nominee on your bank account or Demat portfolio only appoints a temporary caretaker to receive the funds. The nominee is legally required to distribute those funds according to your Will—or, if you have no Will, to every statutory heir shown in the calculator above.
Frequently Asked Questions on Indian Inheritance Shares
Does a surviving wife inherit 100% of her husband's property in India if there is no Will?
No. Under Section 8 of the Hindu Succession Act, 1956, a surviving wife is only one of several Class I legal heirs. She shares the estate equally with all surviving sons, daughters, and the deceased husband's mother. Under Christian law (Section 33, Indian Succession Act, 1925), the widow takes 1/3rd when children survive, and under Muslim law (Faraid), the widow takes a fixed 1/8th share when children survive. Only a valid Will allows a husband to bequeath 100% of his self-acquired property to his wife.
Why does a Hindu Male's Mother inherit as a Class I heir while the Father does not?
In the Schedule to the Hindu Succession Act, 1956, the Mother is listed in Class I (inheriting an equal share alongside the widow, sons, and daughters), whereas the Father is placed in Class II — Entry I (inheriting only if no Class I legal heir survives). By contrast, if the deceased executes a Will under Section 30, he can allocate any specific share or monthly maintenance to both his Mother and Father.
How does Section 15(2) affect a Hindu Woman's property if she dies without a Will?
Under Section 15(1)(a) of the Hindu Succession Act, 1956, a Hindu woman's self-acquired property passes equally to her sons, daughters, and husband. However, if she has no surviving children or grandchildren, Section 15(2)(a) states that any property she inherited from her Father or Mother reverts to her Father's heirs (excluding her husband), while Section 15(2)(b) states that property inherited from her Husband or Father-in-Law reverts to her Husband's heirs. Executing a Will under Section 30 overrides Section 15(2) completely.
Can a Muslim testator change the fixed Quranic shares using a Will (Wasiyat)?
Under the Muslim Personal Law (Shariat) Application Act, 1937, a Muslim can unconditionally bequeath up to 1/3rd (33.33%) of their net estate (after funeral expenses and debts) via a Wasiyat. Under Sunni (Hanafi) law, bequests within 1/3rd can be made to non-heirs (such as orphaned grandchildren or charities) without consent, while bequests to existing legal heirs require other heirs' consent after death. Under Shia (Ithna Ashari) law, a testator can bequeath up to 1/3rd even to an existing legal heir without needing other heirs' consent.
If I already added a nominee on my Bank FD, Mutual Fund, or Demat account, do I still need a Will?
Yes. In Smt. Sarbati Devi (1984) and Shakti Yezdani v. Jayanand Jayant Salgaonkar (Dec 2023), the Supreme Court of India settled that a bank, mutual fund, or Demat nominee is merely a provisional trustee or custodian who gives the financial institution a valid discharge. Legal ownership vests strictly in the beneficiaries named in your Will—or, if you die without a Will, in all statutory legal heirs calculated above.
What happens when someone dies without a Will and has multiple Class I heirs?
Even when family members are in complete harmony, banks, depositories, and municipal mutation offices freeze transmission of high-value assets until all legal heirs obtain a court Succession Certificate (Part X, Indian Succession Act, 1925), Letters of Administration, or registered Release/Relinquishment Deeds—a process that typically costs 2% to 4% in court/stamp fees and takes 8 to 24 months.