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What is intestate succession?

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1 2021-04-15T18:23:15+00:00
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Succession means passing to ownership rights of a property to another person. The term succession is very common among Indian people. People in India consider passing property rights to their next generation as their blessing. And for these property matters there are many property related laws in India. Here I will talk about intestate succession meaning, its rules and conditions. 

  Intestate succession Meaning

At the event of the death of a person his property or any kind of asset is distributed

among his heirs. The right to property in Indian Constitution

recognizes that personal laws are recognized for the inheritance of a property as per the situations at hand. The law states that if a person dies and leaves his property behind without a will. That property will be distributed to his legal heirs according to the Indian Succession Act.

How can one claim for Intestate Succession?

In order to claim for intestate succession, the following documents are required:-

  • Letter of administration

This is the legal document granted by the court in order to distribute the deceased person's property among his/her legal heirs.

  • Succession certificate

This certificate is issued to a person who claims in court that he/she is the authority to inherit debts, securities, and any other movable assets of the deceased person. Holding a succession certificate gives the person the right to distribute the assets of the deceased under the relevant personal laws.

The process to claim for Intestate Succession
  • Visit the district court to claim for succession and file for the Succession certificate

  • Your petition should hold your name valid id proof, what is the relation with the deceased person.

  • Along with the succession, the certificate attach the death certificate also.

  • The Court will review the petition.

  • Then the court will issue a notice to the applicants. 

  • Also, the court will circulate in the news requiring objections to be raised.

  • If there is no objection on the property and the court is satisfied with the petition then the court will grant permission to

    intestate succession.

This is all about

intestate succession meaning. Hope your query is resolved by reading this answer.

0 2022-06-15T20:18:15+00:00

I used to believe property transfer is easy and can be done within a short time until a huge chaos happened in our neighbourhood regarding the ownership of property. The old man died at the age of 80 but did not leave behind any will or other agreement to know who is going to take charge of his assets from now on. People started saying that this is a case of intestacy. Having no clue about it, I asked my father, what is intestate meaning in law? He clarified that when there is no will, the intestate succession law promotes spousal, children or other close ones’ inheritance of property and assets. So if you want to know

what is the meaning of intestate in simple words, just know that this refers to the condition where a person dies and leaves behind no will.

Let experts from NoBroker Legal Services guide you and help you to resolve your case soon.

What is intestate succession?

Intestate succession means a succession where there is no will. One can claim such a property by filing a petition in a district or high court. By filing the succession certificate, a person can set forth himself as the legal heir and have the property in his or her name. I hope the meaning of intestate in law is all clear to you now.

Intestate rules for female Hindus

For female Hindus, the order of intestate succession for legal heirs are as follows:

  1. Sons, daughters and husband

  2. Heirs of the husband

  3. Parents

  4. Heirs of the father

  5. Heirs of the mother

For Muslims, it is a religious law based on the principle that there must be compulsory rules for the passing of property from generation to generation. 

I hope this clarifies intestate meaning in law for both Muslims and Hindus.

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