Father Died Without a Will? Who Inherits the Mumbai Flat Under the Hindu Succession Act

Without a will, a Hindu man's self-acquired flat goes equally to Class I heirs: his widow, children and mother. Worked examples, and what the society needs.

Many families we help are dealing with a flat whose owner died without a will. The Hindu Succession Act, 1956 decides who inherits. For a Hindu man's self-acquired property, section 8 applies.

Class I heirs share equally

Class I heirs include the widow, sons, daughters and mother, plus the children of a predeceased son or daughter. Each takes an equal share. A predeceased child's branch shares that child's portion.

Without a will, the law decides. Usually that means the widow, every child and the mother share equally.

Worked examples

Wife, one son, one daughter: one-third each.
Wife, one son, and two children of a deceased daughter: wife and son one-third each; the two grandchildren share the last third.
Two sons and two daughters, no wife: one-quarter each.

Only if there is no Class I heir does the property go to Class II heirs, starting with the father.

Women owners

Section 15 sets a different order for a Hindu woman: first her children and husband. If she has no children, property she got from her parents goes back to her parents' family.

What the society needs

Death certificate, and proof of heirs (legal heir certificate or succession certificate, as the society asks).
Consent or release deeds if some heirs want others to hold the flat.
The nominee is admitted as a provisional member until the heirs are settled.

Frequently asked questions

Who inherits a Hindu man's flat if he dies without a will?

His Class I heirs, mainly his widow, children and mother, in equal shares under section 8 of the Hindu Succession Act.

If a man leaves a wife, a son and a daughter, what does each get?

One-third each.

Sources

This is general information, not legal or tax advice. Rules change, so check your own case with a lawyer or CA.

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Warmly,
Yanik

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