intestate

A person dies intestate when he leaves no will, or no will capable of taking effect, as to his property. Under s.30 of the Indian Succession Act, 1925 a person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition capable of taking effect, so there can be partial intestacy: a will disposing of only one house leaves the rest to pass on intestacy.

Which rules apply depends on the deceased's religion. Hindus are governed by the Hindu Succession Act, 1956 (s.8 for males, s.15 for females); Christians and Parsis by the Indian Succession Act, 1925; Muslims by their personal law. A Muslim can bequeath only one-third of his estate without the heirs' consent, so the remaining two-thirds always pass by the rules of inheritance. The opposite of intestate is testate.

Example

As the father died intestate, his self-acquired house devolved on his widow, sons, daughters and mother as Class I heirs under s.8 HSA.

In Indian law

• Section 30, Indian Succession Act, 1925
• Sections 8 and 15, Hindu Succession Act, 1956

See also

succession · will · class I heir · probate

Read more in the study notes

• Succession to a Hindu male dying intestate (Family Law I - Hindu Law)
• Schools of Hindu law: Mitakshara and Dayabhaga (Family Law I - Hindu Law)
• Joint Hindu family and coparcenary (Family Law I - Hindu Law)
• Joint family property and separate property (Family Law I - Hindu Law)
• Succession to a Hindu female and stridhana (Family Law I - Hindu Law)
• The Hindu Succession (Amendment) Act, 2005 (Family Law I - Hindu Law)