When a property owner passes away, succession laws determine who inherits the property. These laws vary based on religion and whether a Will exists.

What Is a Will?

• A legal document that outlines how a person’s property should be distributed after death

• Allows testamentary succession—the owner's wishes are honored

• Must be signed, attested, and registered for legal validity

• Can be challenged if not properly executed
  
  Hindu Succession Act (HSA), 1956

Applies to Hindus, Buddhists, Jains, and Sikhs.
Key Points:

• Recognizes both testamentary and intestate succession

• Class I heirs (wife, children, mother) get priority

• Daughters have equal rights in ancestral property (post-2005 amendment)

• If no Will, property is divided as per legal heir hierarchy

Muslim Succession Law

Governed by Shariah principles and the Muslim Personal Law (Shariat) Act, 1937

 Key Points:

Recognizes intestate succession primarily

• A Will can only dispose of one-third of the estate (unless all heirs consent)

• Heirs are divided into Sharers (fixed shares) and Residuaries (remaining estate)

• Shares vary by gender and relationship (e.g., daughter gets half of son’s share)
  
  Who Are Legal Heirs?

• Hindus: Class I heirs include spouse, children, and mother

• Muslims: Spouse, children, parents, and siblings—based on fixed Quranic shares

• Others: Governed by the Indian Succession Act, 1925