Property Rights: If a person dies without a will, how is property divided? What are the rights of a son or daughter? Learn more

If there's one dispute that arises most often after a person's death, it's property disputes. In the fight for rights over this property, even the closest relatives can become sworn enemies. Many people don't have much knowledge about the laws surrounding this matter; relying only on hearsay, they start fighting among themselves. But did you know that if the head of the family dies without making a will, who inherits his property?

Who will be the real heir?

If the head of a family suddenly passes away and hasn't made a will, who will become the legal owner of that property? This question often comes to many people's minds, and today we're answering it. In fact, according to Section 8 of the Hindu Succession Act, 1956, if a person dies intestate, i.e., without making a will, their entire property is divided among their legal heirs. If the head of the family dies, the property is divided equally among their wife, son, and daughter; each of whom receives one-third of the property.

What happens if a person dies after making a will?
If a person made a will before death, its terms are followed. According to the Indian Succession Act, 1925, a person can give all or any part of their property to any person of their choice. Through a will, a person can transfer property to strangers or a trust. To be considered legally valid, a will must be signed by the testator and witnessed by at least two witnesses, even if those witnesses are unaware of the specifics of the document. It is important to register a will; doing so ensures its validity and helps avoid any future disputes over the property.

PC: Navarashtra