Who Inherits Without a Will?
When someone dies without a valid Will, the law — not the family — decides who gets what, and the rules differ by religion and community. Pick a state and community below, answer a few questions about the family, and see exactly how the estate would be split.
This tool gives general information for Hindu, Christian, Muslim, and Parsi families in India. It is not a substitute for professional legal advice.
Was the person who died male or female?
Tell us about the family
Are you a coparcener in a Hindu Undivided Family?
This is separate from intestate succession above — it's about who has a birthright share in joint family (HUF) property, as amended in 2005.
| Relation | Category | Share by birth? | Basis |
|---|---|---|---|
| Father | Blood descendant | Yes | Coparcener by birth in the joint family. |
| Uncle (father's brother) | Blood descendant | Yes | Lineal descendant of the common ancestor. |
| Aunt (father's sister) | Blood descendant | Yes | A daughter is a coparcener in her own right, post the 2005 Amendment. |
| Children of father | Blood descendant | Yes | Coparceners by birth, sons and daughters alike. |
| Children of uncle | Blood descendant | Yes | Coparceners by birth, sons and daughters alike. |
| Children of aunt | Married-out line | No | Outside four degrees of the common ancestor — born into their own father's HUF. |
| Husband of aunt | Married-in | No | No blood tie to the coparcenary. |
| Mother | Married-in | No | A member only — gets a share on actual partition among her sons, not by birth. |
| Uncle's wife | Married-in | No | A member only, with no right to demand partition. |
This reflects the general Mitakshara coparcenary position applicable across most Indian jurisdictions. It does not apply as such in Kerala, where the joint family system was abolished by statute in 1976, or in Goa, which follows the Portuguese Civil Code, 1867.
A wife (shown here as “Mother”) is a member of her husband's HUF, not a coparcener. She has no share by birth, though she is entitled to maintenance from the HUF and receives an equal share if and when an actual partition takes place among her sons.
A daughter remains a coparcener in her father's HUF even after marriage. Her children, however, are born into their own father's HUF and have no coparcenary right in their mother's natal family.
Situations the basic rule doesn't cover
Common questions the basic calculation above doesn't cover.
