Wife from a void marriage — does she get a share?

No. Marriages void under S.11, Hindu Marriage Act, 1955 include: (i) bigamy — either party has a spouse living at the time of the marriage; (ii) marriage between parties within the 'prohibited degrees of relationship' without a custom permitting it; (iii) marriage between 'sapindas' without a custom permitting it. A void marriage is void ab initio — no valid marriage exists in the eyes of law at all. Such a 'wife' is therefore not a 'widow' under S.8/Schedule Class I, and she gets NO share in the husband's property as his widow.

Wife from a voidable marriage — does she inherit?

Yes, unless the marriage was annulled before the husband's death. Marriages voidable under S.12, HMA include: (i) non-consummation due to impotence of the respondent; (ii) consent obtained by force or by fraud; (iii) respondent pregnant by someone other than the petitioner at the time of marriage; (iv) unsoundness of mind/mental disorder making the respondent incapable of valid consent. A voidable marriage is valid and subsisting unless and until it is annulled by a decree of nullity of a competent court. If the husband dies before such a decree is passed, the marriage subsists in the eyes of law and the wife is his legally wedded widow — she inherits as a Class I heir. If a decree of nullity was granted during his lifetime, the marriage stands annulled and she has no inheritance right as his widow.

Will a step-mother get a share?

No. 'Mother' under S.8/Schedule Class I means the deceased's biological or adoptive mother only; a step-mother is not a Class I heir. She features only in Class II, Entry VI ('father's widow'), and can inherit only if no Class I heir and no earlier Class II entry heir survives.

Child born of a void or voidable marriage — inheritance rights?

Legitimate for succession purposes by fiction of S.16, Hindu Marriage Act, 1955. Such a child can inherit as Class I heir (son/daughter) from the property of BOTH parents, and is also entitled to a share in coparcenary/ancestral property — Revanasiddappa v Mallikarjun (2023) 10 SCC 1. However, S.16(3) HMA restricts such a child's inheritance to the property of the parents only, not other relatives.

Illegitimate child born outside any marriage — will he/she get property?

An illegitimate child is treated as a relative of the mother (and of each other) under S.3(1)(j), and can inherit as a Class I heir of the mother. Historically such a child had no right in the father's property; S.16 HMA legitimacy fiction applies only where there was a marriage (void/voidable) between the parents, not where there was none at all.

Unborn child (child en ventre sa mere) — is he/she an heir?

Yes. Under S.20, a child in the womb at the time of the intestate's death, who is subsequently born alive, has the same right to inherit as if he/she had been born before the death of the intestate, and the inheritance is deemed to vest from the date of death (relation-back).

Convert to another religion — is he/she disqualified?

No. S.26 does NOT disqualify a Hindu who converts to another religion; the convert can still inherit. However, the descendants (children/grandchildren) of the convert, born after the conversion, are disqualified from inheriting the property of their Hindu relatives, UNLESS such descendants are Hindus at the time succession opens.

Does disease disqualify an heir?

No, not any longer. S.28 expressly abolishes exclusion on the ground of any disease, defect or deformity. (Under the old classical law, certain diseases used to disqualify — this is now obsolete).

Will a murderer inherit the victim's property?

No. S.25 disqualifies a person who commits murder, or abets the commission of murder, of the person he would otherwise have succeeded to. Such a person is treated as if he had died before the intestate — he cannot inherit and cannot transmit any right to his own heirs through that murder.

Daughter-in-law remarries — does the remarried widow of a pre-deceased son still inherit?

Originally, S.24 disqualified the widow of a pre-deceased son / pre-deceased son of a pre-deceased son / widow of a brother from inheriting AS SUCH WIDOW if she had remarried before succession opened. S.24 has been OMITTED by the Hindu Succession (Amendment) Act, 2005. Therefore, for deaths occurring after 2005, remarriage of the daughter-in-law no longer disqualifies her from inheriting as the widow of the pre-deceased son.

Marriage registered under the Special Marriage Act — which succession law applies?

General rule: succession follows the scheme of the Indian Succession Act, 1925 (the scheme applicable to Christians), per S.21 SMA. Exception (S.21A SMA): where BOTH spouses are Hindu, Buddhist, Sikh or Jain and marry under the SMA, succession continues to be governed by the Hindu Succession Act, 1956, and not the ISA.

Marriage solemnised under the Arya Samaj — does HSA 1956 apply?

Yes. Arya Samaj marriages are recognised Hindu marriages (validated by the Arya Marriage Validation Act, 1937, and treated as Hindu marriages under the Hindu Marriage Act). The parties remain Hindus for personal law purposes, so the Hindu Succession Act, 1956 applies in the ordinary way.

No legal heir at all (Class I, II, agnates, cognates all absent) — who inherits?

The property escheats to the Government under S.29 ('failure of heirs'). The Government takes the property subject to all the obligations and liabilities that an heir would have been subject to (e.g. debts of the deceased).

What happens to a female's stridhana on her death?

Under the old law, stridhana devolved on the heirs of the woman herself (not the husband's heirs) in a special order (uterine brother, mother, father, etc.). Post-1956, all such property held by a Hindu female becomes her ABSOLUTE property under S.14, and on her intestate death devolves as per S.15: primarily on (a) sons, daughters (incl. children of a pre-deceased child) and husband; then (b) heirs of the husband; (c) mother and father; (d) heirs of father; (e) heirs of mother. Property she INHERITED from her father/mother, however, reverts to the heirs of the father if she leaves no children (S.15(2)(a)); property inherited from her husband/father-in-law reverts to the heirs of the husband if she leaves no children (S.15(2)(b)) — this is called the 'Source Rule', meant to send inherited property back to its source (Arunachala Gounder v Ponnusamy (2022) 11 SCC 520).

Does an unmarried live-in partner get a share?

No. Only a lawfully married spouse inherits. Courts sometimes treat a couple as married if they lived together for a long time and were seen by everyone as husband and wife, but that has to be proven — it isn't automatic. The safest way to provide for a partner is a Will, a nomination, or a joint account.

What if there are two marriages?

Christian marriages must be monogamous, so a second marriage while the first still stands is not valid, and that second 'spouse' doesn't inherit as a spouse. If the marriage happened under the Special Marriage Act, children of that second marriage are still treated as legitimate and can inherit as children. For a purely Christian marriage, the position for those children is less clear.

Does a same-sex partner inherit?

No. The Supreme Court has not recognised same-sex marriage, so a surviving partner isn't treated as a spouse for inheritance. A partner can only be provided for through a Will, a nomination, or joint ownership.

What about a divorced or judicially separated spouse?

A divorced spouse doesn't inherit — divorce ends the marriage along with any inheritance right. A judicially separated spouse still does, since judicial separation doesn't end the marriage itself.

Does a child born outside marriage inherit?

Generally no — the law only recognises children of a lawful marriage as "lineal descendants." A legally adopted child, on the other hand, does inherit and is treated the same as a biological child.

Does an informally adopted child (no court order) inherit?

No. Without a formal adoption through the Juvenile Justice Act, the child has no automatic inheritance right — only a Will can provide for them.

Do step-parents or step-children inherit from each other?

No. A step-relationship on its own creates no inheritance right, unless there's been a legal adoption or the person is named in a Will.

Does a child conceived before death but born after inherit?

Yes, as long as the child is born alive.

Are advancements made to a child during the parent's lifetime deducted from their share?

No. Unlike some other legal systems, gifts or money given to a child while the parent was alive are not brought into account when dividing the estate.

Does a grandchild inherit while their own parent is still alive?

No. A closer relative in the same family line always comes before a more distant one.

Is a bank or insurance nominee automatically the owner of that money?

No. A nominee only holds the money in trust for whoever the actual heirs are — nomination decides who can collect the money, not who owns it.

Does someone's religion affect what they're entitled to inherit?

No. Whether an heir gets a share doesn't depend on their own religion.

Are there parts of India where this doesn't apply?

Yes. This does not apply to native Christians of Coorg, several tribal communities in the North-East, property in Goa/Daman/Diu (which follows a different code), or the Renoncants of Pondicherry.

What law applies to an NRI or property held abroad?

Movable property (money, shares, etc.) follows the law of the place the person was domiciled in; immovable property (land, buildings) follows the law of the place where it's actually located.

Does someone who caused the deceased's death still inherit?

This isn't clearly settled — the Act has no explicit rule like some other Indian personal laws do, so courts would decide based on general public policy.

What makes someone a Parsi for this purpose?

A Parsi Zoroastrian. If one parent is Parsi and the other isn't, the child counts as Parsi only if they've been formally admitted into the religion and practise it. A child of a Parsi mother and non-Parsi father is not considered Parsi under the classic rule.

Does a spouse who isn't Parsi inherit?

No — a non-Parsi wife or widow is not treated as Parsi even if she has adopted the religion and married under Parsi customary law.

Does a child conceived before death but born after inherit?

Yes, as long as the child is born alive — the child is treated as if they'd been born during the parent's lifetime.

What if someone remarries — do they still count as a widow/widower for inheritance?

No. Anyone who remarried before the person's death is treated as if they no longer exist for inheritance purposes — this applies to a widow/widower of any relative, not just a spouse.

Does an adopted child inherit?

Parsi law itself has no adoption statute, but a Parsi can adopt through the general Juvenile Justice Act, which treats an adopted child the same as a biological one for most purposes. There's no clear Parsi-specific court ruling on this yet, so a Will is the safer route.

Do step-children or step-parents inherit from each other?

No — a step-relationship on its own gives no inheritance right. Only a Will can provide for a step-child or step-parent.

What about a second marriage while the first still stands?

It's void — a Parsi marriage must be monogamous, and bigamy is a punishable offence. The second "wife" doesn't inherit as a widow, and whether her children count as legitimate heirs isn't clearly settled.

Does an unmarried live-in partner inherit?

No — only a lawfully married spouse counts as a widow or widower.

Can a Parsi marry someone who isn't Parsi?

Not under Parsi marriage law itself — that has to happen under the Special Marriage Act. Once that happens, succession for that marriage and its children generally follows the general inheritance rules rather than the Parsi-specific ones.

Does the state matter?

Generally no — a marriage between Parsis from different states is valid everywhere, and the ordinary Parsi shares apply regardless of where the people involved are from. The one real exception is property physically located in Goa, which follows a different regime entirely.

Does a wife from an invalid marriage inherit?

It depends on why the marriage was invalid. If it was simply irregular (for example, a Muslim man marrying a Hindu woman without her converting), the marriage is still real enough that any children are fully legitimate heirs — but the wife herself doesn't inherit, though she keeps her right to dower. If the marriage was entirely void from the start (for example, bigamy), neither she nor — under the stricter view — anyone else through that marriage inherits.

Does a child born outside marriage inherit?

Under Sunni law, such a child can inherit from the mother, but not from the father. Under Shia law, the child doesn't inherit from either parent.

Does an adopted child inherit?

Classical Muslim law doesn't recognise adoption at all, and an adopted child has no automatic inheritance right. A newer law lets anyone adopt through the courts and treats that child "like" a biological one, but whether that overrides religious inheritance law hasn't been tested in the Supreme Court. The safe approach is a lifetime gift plus a Will.

What happens if an heir can't be found?

Their share is set aside, not given away. If they're later found, they get it. If they're declared dead, it's redistributed as if they never existed — but among the other heirs of the original person who died, not the missing person's own family.

Does someone who caused the death still inherit?

Under Sunni law, no — this applies very broadly, covering even accidental deaths, not just deliberate ones. Under Shia law, it's narrower and applies only to deliberate killing.

Does changing religion affect an inheritance right?

No — someone who converts away from Islam still inherits from their Muslim relatives.

What if the estate leaves only daughters?

Daughters don't automatically get everything just because they're the closest children — they get their fixed share (half each if there are two or more, collectively), and anything left over goes to the next eligible male relative. Only if no such relative exists at all does the rest come back to the daughters.

What if there's no eligible relative at all?

In India, if a spouse is the only person left, the whole estate comes to them rather than going to the government, unlike the stricter classical rule. If truly nobody at all is left, it goes to the Government.

Two wives survive — do they each get a full share?

No — all the wives together share the one "wife" portion, split equally between them.

Does marrying under the Special Marriage Act change anything?

Yes, significantly — it replaces Muslim inheritance rules entirely with the general rules used for interfaith couples, which are usually more generous to a wife (a fixed one-third with children, for example).

Two people die together and it's unclear who died first — who inherits from whom?

Neither is treated as having inherited from the other. Each person's estate is worked out on its own, as if the other person didn't exist.

Is a bank or insurance nominee automatically the owner of that money?

No — a nominee only receives the money on behalf of the real heirs; nomination decides who can collect it, not who owns it.

Who Inherits Without a Will?

When someone dies without a valid Will, the law — not the family — decides who gets what, and the rules differ by religion and community. Pick a state and community below, answer a few questions about the family, and see exactly how the estate would be split.

This tool gives general information for Hindu, Christian, Muslim, and Parsi families in India. It is not a substitute for professional legal advice.

State

Religion / Community

Was the person who died male or female?

Tell us about the family

Widow surviving?

Mother surviving?

Sons

No sons added.

Daughters

No daughters added.

HUF / COPARCENARY REFERENCE

Are you a coparcener in a Hindu Undivided Family?

This is separate from intestate succession above — it's about who has a birthright share in joint family (HUF) property, as amended in 2005.

Relation	Category	Share by birth?	Basis
Father	Blood descendant	Yes	Coparcener by birth in the joint family.
Uncle (father's brother)	Blood descendant	Yes	Lineal descendant of the common ancestor.
Aunt (father's sister)	Blood descendant	Yes	A daughter is a coparcener in her own right, post the 2005 Amendment.
Children of father	Blood descendant	Yes	Coparceners by birth, sons and daughters alike.
Children of uncle	Blood descendant	Yes	Coparceners by birth, sons and daughters alike.
Children of aunt	Married-out line	No	Outside four degrees of the common ancestor — born into their own father's HUF.
Husband of aunt	Married-in	No	No blood tie to the coparcenary.
Mother	Married-in	No	A member only — gets a share on actual partition among her sons, not by birth.
Uncle's wife	Married-in	No	A member only, with no right to demand partition.

This reflects the general Mitakshara coparcenary position applicable across most Indian jurisdictions. It does not apply as such in Kerala, where the joint family system was abolished by statute in 1976, or in Goa, which follows the Portuguese Civil Code, 1867.

A wife (shown here as “Mother”) is a member of her husband's HUF, not a coparcener. She has no share by birth, though she is entitled to maintenance from the HUF and receives an equal share if and when an actual partition takes place among her sons.

A daughter remains a coparcener in her father's HUF even after marriage. Her children, however, are born into their own father's HUF and have no coparcenary right in their mother's natal family.

EDGE CASES

Situations the basic rule doesn't cover

Common questions the basic calculation above doesn't cover.

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