The legal heirs are determined based on the rules of intestate succession when a person dies without leaving a valid will.
The Indian Succession Act governs the distribution of the deceased’s property when there is no will. The Act provides a specific order of priority in which the legal heirs are entitled to inherit the estate. The order of priority varies depending on the personal laws applicable to the deceased, such as Hindu Law, Muslim Law, Christian Law, or other personal customs and practices.
Under the Hindu Succession Act, 1956, which applies to Hindus, Buddhists, Sikhs, and Jains, legal heirs include the following individuals in the order of priority:
- Class I heirs: This includes the widow, children (both sons and daughters), and the mother of the deceased. If the deceased has a surviving spouse, children, and mother, they all have an equal right to inherit.
- Class II heirs: If there are no Class I heirs, the inheritance goes to the father of the deceased, followed by siblings, and then the grandchildren.
- Other heirs: If there are no heirs from the first two classes, the inheritance may pass to more distant relatives like aunts, uncles, nephews, and nieces.
The legal heirs of a deceased person are determined based on the family relationships and their position in the order of priority as defined by the applicable personal laws. It’s important to note that the rules of inheritance may differ for different religions and communities, so it’s advisable to consult the specific personal laws applicable to the individual or seek legal advice in case of any doubts or disputes regarding inheritance.