Property Rights: One of the most frequent conflicts that arise after someone’s passing is related to property. This can even result in family members turning against each other. Many individuals lack knowledge about the laws, relying solely on rumors and engaging in disputes among themselves. But did you know that if the head of a family passes away without leaving a will, it raises the question of who inherits their property?
Who will be the true heir?
If the head of the family dies unexpectedly and has not created a will, who then is the rightful owner of the property? This question occupies the minds of many, and today we will provide you with the answer. In fact, according to Section 8 of the Hindu Succession Act, 1956, if someone dies without a will, all their property is allocated to their legal heirs. When the head of the family passes away, the property is divided equally among the wife, son, and daughter, with each receiving one-third of the estate.
What happens if you pass away after creating a will? If an individual has made a will prior to their death, it is executed as specified. Under the Indian Succession Act, 1925, a person has the right to bequeath all or part of their property to anyone, including strangers or a trust, through a will. For a will to be considered valid, it must be signed by the testator and witnessed by at least two individuals, even if they are unaware of the contents of the will. Additionally, registering a will enhances its validity and helps to avoid any potential disputes.
Who gets how much share?
1/3 share to wife
1/3 share to son
1/3 share to daughter
In this situation, it is not the individual’s own will that applies, but the rules of law.
What happens without a will?
If a person dies without a valid will, it is called an intestate. In such a situation, the property is divided according to the law. According to Section 8 of the Hindu Succession Act, 1956, the property first passes to the legal heirs.
