When a person dies without leaving a Will, known as dying intestate, the distribution of their estate is governed by intestate succession laws.

These laws determine who the legal heirs are and how the deceased person's assets will be distributed.

Understanding the role of legal heirs in intestate succession is crucial for managing the estate and ensuring that the deceased's property is distributed according to the law.

Who Is A Legal Heir?

A legal heir is an individual (usually a family member) who is entitled to inherit the assets and property of a deceased person under intestate succession laws.

Legal heirs are determined based on the personal laws applicable to the deceased, such as the Hindu Succession Act, the Indian Succession Act, or other personal laws for different communities in India.

Key Aspects Of Intestate Succession

Legal Heir Certificate

To establish one's status as a legal heir, individuals must obtain a legal heir certificate.

This document is issued by the local revenue authorities or district civil court and is essential for claiming the deceased person's assets, including bank accounts, insurance claims, and property. It serves as proof of relationship and entitlement to the estate.

Immediate Legal Heirs

In the case of intestate succession, the law prioritises immediate family members as legal heirs.

For instance, under the Hindu Succession Act, the primary heirs of a Hindu male include the spouse, children (both sons and daughters), and the deceased's mother.

If these primary heirs are not present, the law recognises secondary heirs such as the deceased's father, siblings, and extended family members.

Succession Certificate

A succession certificate is required for the transfer of certain movable assets like bank deposits and shares.

It confirms the heir's right to manage and distribute the deceased person's assets. This certificate is issued by the district civil court and is essential for handling financial matters of the estate.

Distribution Of Assets Under Intestate Succession

Hindu Succession Act

For Hindus, the Hindu Succession Act, 1956, governs the distribution of assets. The Hindu Succession Law categorises heirs into Class I and Class II categories, with Class I heirs (such as the spouse, children, and mother) having the first claim on the estate.

If no Class I heirs are present, Class II heirs, including siblings and more distant relatives, become eligible.

Indian Succession Act

For other communities, such as Christians and Parsis, the Indian Succession Act, 1925, applies.

This Act also defines the order of heirs and the distribution process, which varies slightly based on religious and community-specific laws.

Equal Distribution

The assets of the deceased are typically distributed equally among the legal heirs. However, the distribution rules for each religion have to be considered.

For instance, if a deceased person has a spouse and two children, the estate is divided into three equal shares. Each heir receives a share proportional to their entitlement under the law.

Under Indian law, both men and women (sons and daughters, even married daughters) enjoy the same rights of inheritance.

Property Types

A deceased person's property, both immovable (real estate) and movable property (cash, investments) are subject to distribution among the heirs.

The legal process ensures that all types of property are allocated fairly according to the applicable succession laws.

Practical Considerations for Legal Heirs

1. Necessary Documents: To claim inheritance, legal heirs must provide various documents, including the death certificate of the deceased, legal heir certificate, succession certificate (if applicable), and proof of relationship. These documents are crucial for validating the claim and facilitating the transfer of assets.
2. Family Settlement: In some cases, family members may choose to settle the estate amicably through mutual agreement, avoiding prolonged legal battles. A family settlement deed can outline how the assets will be divided and is often registered with the appropriate authorities.
3. Challenges in Intestate Succession: Disputes among legal heirs can arise, especially in complex family situations or when the deceased's wishes are not clear. It's essential to address these disputes through legal channels and seek professional advice to ensure fair and equitable distribution.

1. Estate Planning: To avoid complications in the distribution of assets, individuals are encouraged to create a Will. A well-drafted Will specifies the distribution of assets of the deceased's estate and minimises potential conflicts among heirs. Estate planning also includes setting up Trusts and other mechanisms to manage and protect assets.
2. Tax and Fees: Legal heirs should be aware of any tax implications and court fees related to the inheritance. Court fees may apply, depending upon the value of the estate and local regulations. Estate taxes or inheritance taxes may also apply, depending on your tax residency status. Consulting with an estate planning expert can help manage these liabilities effectively.

The Bottom Line: How Yellow Can Help

Understanding the role of legal heirs in intestate succession is crucial for managing a deceased person's estate and ensuring a smooth distribution of assets.

By obtaining the necessary legal documents, navigating the probate process, and addressing potential challenges, legal heirs can fulfill their responsibilities and preserve the deceased's legacy.

Additionally, effective estate planning, including the creation of a Will, can simplify the distribution process and prevent disputes, ensuring that the deceased's wishes are honoured and their assets are handled appropriately.

At Yellow, we are committed to helping you with all aspects of estate planning, including making a Will. You can create your Will from the comfort of your own home quickly and simply with the help of our app and webapp.

Our team of estate planning professionals, with more than 50 years of combined experience, can help you with your unique situation.

We provide end-to-end estate planning services, starting from creating a Will to making a Trust, Probate, obtaining succession and legal heir certificates, asset transfer services, and more.