What happens to your property if you die without a will?
A will is a document or declaration that ensures your real estate and other assets are legally transferred and distributed among your heirs according to your wishes after you pass away. As the name suggests, a will means you make it clear to your heirs about who receives what from your estate once you are gone. By writing a will, you can prevent family conflicts and legal battles over inheritance.
There’s a term ‘intestate’, which refers to a person who dies without making a valid will. When a person dies intestate and there is a dispute among his heirs over the property and assets left behind by the deceased, the court decides how his assets are distributed among various claimants. In such cases, the deceased’s family members seeking a share of properties have to rely on the court’s decisions to assert their rights, if any.
Under Section 30 of the Indian Succession Act, if someone dies intestate, the court may issue a notice to invite claims over the property left behind after the death certificate is issued. In such a situation, each heir receives a portion of the property, or they can decide themselves amicably on the distribution. If it remains unsettled due to some disagreements, the court can step in to settle the matter. There are several factors that determine how the property will be treated by the law. Factors like the person’s marital status—married, single, widowed, with or without children, etc.—are critical aspects that determine the nature of a will. Further, an individual’s will and its features with regards to property may vary based on his religion.
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