Who inherits without a will in India?

Hindus, Buddhists, Jains and Sikhs: the widow, the sons, the daughters and the mother (the Class I heirs) inherit equal shares. Christians: the spouse takes a third and the children share two thirds. Muslims: fixed shares under Islamic law, where a son takes twice a daughter.

The rules depend on the religion. Under the Hindu Succession Act the widow and the mother are both Class I heirs and share equally if there are no children; with neither, the widow takes everything.

For Hindus, Class I heirs first, then Class II relatives, then agnates and cognates. If no heir exists, the estate goes to the government.

An unmarried partner has no right to inherit under these laws. A will is needed.

Hindus can leave property by will, while a share in joint-family property follows separate rules. Muslims can will away only one third of the estate, and not to an heir without the others' consent.

Which law applies can depend on the person's religion and nationality, so a foreign estate needs advice in the country.

• Goa has a separate civil code of its own, based on Portuguese law.

India belongs to the Common law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the India legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in India? →

• India Code: central Acts, including the Hindu Succession Act and the Indian Succession Act