Religion-Based Succession Laws:
┌─────────────────────────────────────────┐
│ Hindu Succession Act, 1956              │
│ - Hindus, Buddhists, Jains, Sikhs       │
├─────────────────────────────────────────┤
│ Muslim Personal Law (Sharia)            │
│ - Muslims                               │
├─────────────────────────────────────────┤
│ Indian Succession Act, 1925             │
│ - Christians, Parsis, Jews              │
│ - Also default for others               │
└─────────────────────────────────────────┘

Testamentary Succession:
- Person dies WITH a valid will
- Property distributed as per will
- Subject to applicable restrictions

Intestate Succession:
- Person dies WITHOUT a will
- Property distributed per succession laws
- Predetermined shares for heirs

Covers:
- Hindus (by birth or conversion)
- Buddhists
- Jains
- Sikhs
- Those not Muslim, Christian, Parsi, or Jew

Self-Acquired Property:
- Earned by person's own effort
- Purchased from own income
- Received as gift
- Complete freedom to will

Ancestral Property:
- Inherited up to 4 generations
- Coparcenary rights apply
- Cannot be entirely willed
- Complex division rules

Class I Heirs Get Preference:

1. Son
2. Daughter
3. Widow/Widower
4. Mother
5. Son of predeceased son
6. Daughter of predeceased son
7. Widow of predeceased son
8. Son of predeceased daughter
9. Daughter of predeceased daughter
10. Son of predeceased son of predeceased son
11. Daughter of predeceased son of predeceased son
12. Widow of predeceased son of predeceased son

All Class I heirs inherit simultaneously and equally

If No Class I Heirs Exist:

Category I:
- Father

Category II:
- Son's daughter's son
- Son's daughter's daughter
- Brother
- Sister

Category III:
- Daughter's son's son
- Daughter's son's daughter
- Daughter's daughter's son
- Daughter's daughter's daughter

And so on...

Example 1: Hindu Male Dies
Survived by: Wife, 2 sons, 1 daughter, mother

Distribution of Self-Acquired Property:
- Wife: 1/5
- Son 1: 1/5
- Son 2: 1/5
- Daughter: 1/5
- Mother: 1/5

All Class I heirs share equally!

Example 2: Hindu Male Dies
Survived by: Wife only

- Wife gets entire property
- If no Class I heirs, goes to Class II

Major Change:
Before 2005: Daughters had no coparcenary rights
After 2005: Daughters are coparceners by birth

Daughters Now:
- Equal rights to ancestral property
- Can demand partition
- Same rights as sons
- Applies to daughters born before 2005 too

When Hindu Female Dies Intestate:

Order of Succession:
1. Sons, daughters, and husband
2. Husband's heirs
3. Mother and father
4. Father's heirs
5. Mother's heirs

Different from male succession order

Two Main Schools:
1. Sunni (Hanafi in India)
   - Most Indian Muslims follow
   
2. Shia
   - Different share calculations

Restrictions on Willing:
- Maximum 1/3 can be willed
- Cannot will to legal heirs
- 2/3 must follow Sharia distribution
- Heirs can consent to more

Sharers (Fixed Share):
- Get predetermined fraction
- Cannot be disinherited
- Share is protected by law

Residuaries:
- Get remaining after sharers
- Usually male agnates
- Sons, father, brothers

Sharers and Their Shares:

Husband:
- 1/4 if children exist
- 1/2 if no children

Wife:
- 1/8 if children exist
- 1/4 if no children

Father:
- 1/6 if children exist
- Residuary if no male children

Mother:
- 1/6 if children exist
- 1/3 if no children

Daughter:
- 1/2 if only one daughter
- 2/3 among daughters if more than one
- Residuary if sons exist (son gets 2x daughter)

Muslim Male Dies:
Survived by: Wife, 1 son, 2 daughters

Estate: ₹24 lakhs

Wife's Share: 1/8 = ₹3 lakhs
Remaining: ₹21 lakhs

Son + Daughters (Residuary):
Son's share: 2 parts
Each daughter: 1 part
Total parts: 4

Son: ₹10.5 lakhs
Daughter 1: ₹5.25 lakhs
Daughter 2: ₹5.25 lakhs

Restrictions:
1. Maximum 1/3 of net estate
2. Cannot be made to legal heirs
3. Cannot deprive any heir

Valid Bequests:
- Charity
- Non-heirs (friends, distant relatives)
- Specific properties (within 1/3)

Applies to:
- Christians
- Parsis
- Jews
- Special Marriage Act marriages
- Persons not covered by other laws

Key Feature:
- No restrictions on willing
- Can disinherit any heir
- Can leave entire estate to stranger
- Can give everything to charity

Very different from Muslim law

If No Will:

Widow/Widower's Share:
- 1/3 if lineal descendants exist
- 1/2 if only kindred exist
- Entire if no descendants or kindred

Lineal Descendants:
- Remaining shared equally
- Per stirpes to grandchildren

Christian Male Dies:
Estate: ₹30 lakhs
Survived by: Wife, 2 sons

Wife: 1/3 = ₹10 lakhs
Sons: 2/3 = ₹20 lakhs
Each son: ₹10 lakhs

Similar to Christian but:
- Widow gets equal share as each child
- Not 1/3

Example:
Parsi Male with Wife and 2 Children:
- Wife: 1/3
- Child 1: 1/3
- Child 2: 1/3
(Equal shares)

Marriages Under SMA:
- Inter-religious marriages
- Civil marriages
- Either party can choose SMA

Succession Law:
- Indian Succession Act applies
- Not personal law of religion

Features:
- Coparcenary property
- Members have birth right
- Cannot be entirely willed
- Survivor takes deceased's share

Coparceners:
- Male members up to 3 generations
- Daughters (after 2005 amendment)

All Communities:
- Complete freedom to will
- No restrictions
- Can disinherit heirs
- Can give to anyone

Only Muslim law restricts to 1/3

Tenancy in Common:
- Each owner has distinct share
- Share can be willed
- Passes to heirs on death

Joint Tenancy:
- Right of survivorship
- Deceased's share goes to survivors
- Cannot be willed (typically)

Purpose:
- Identifies legal heirs
- Required for claiming assets
- Issued by court/revenue authority

When Needed:
- Bank accounts
- Insurance claims
- Property transfer
- Pension claims

Two Options:

1. Revenue Authority:
   - Tehsildar/Taluka office
   - Simpler process
   - Limited validity sometimes

2. Civil Court:
   - Succession certificate
   - Universal validity
   - More time consuming
   - Required for larger estates

For Legal Heirs Certificate:
□ Death certificate
□ Application form
□ ID proof of applicants
□ Proof of relationship
□ Ration card/family documents
□ Affidavit
□ Two witnesses

What It Is:
- Court validation of will
- Certifies will is genuine
- Authorizes executor to act

Mandatory In:
- Mumbai, Chennai, Kolkata
- For immovable property

When Needed:
- Large estates
- When will challenged
- For certainty

When No Valid Will:
- Court appoints administrator
- Usually nearest relative
- Powers similar to executor

Process:
- Apply to district court
- Prove relationship
- Post public notice
- Court grants letters

Scenario:
Father dies intestate
Has wife, 3 sons from 1st marriage
2 daughters from 2nd marriage

All are Class I heirs
Property divided equally among all 6
Complex if step-relationships involved

Problem:
- One legal heir's whereabouts unknown
- Cannot complete transfer

Solution:
- Public notice
- Court declaration
- Time-consuming process

Common Disputes:
- Will validity challenged
- Heir claims larger share
- Property not properly documented
- Ancestral vs. self-acquired dispute

Resolution:
- Mediation
- Civil court
- Long legal battles

Recommended:
□ Make a will for self-acquired property
□ Understand ancestral property limits
□ Update will after 2005 for daughters
□ Consider family settlement deed
□ Document property classifications

Recommended:
□ Understand 1/3 limit on will
□ Plan within Sharia framework
□ Use gifts (Hiba) during lifetime
□ Document intended distribution
□ Consider Waqf for charity

Recommended:
□ Use full testamentary freedom
□ Simple will usually sufficient
□ Clear property documentation
□ Update as family changes

Consult Lawyer If:
- Large estate
- Complex family structure
- Business interests involved
- Property in multiple states
- NRI considerations
- Potential disputes expected
- Ancestral property involved

Estate Planner Helps With:
- Tax-efficient transfer
- Trust structures
- Succession planning
- Family governance
- Business succession
- Charitable giving