When a person dies without executing a Will, the process by which the assets of the deceased are bequeathed is called Intestate Succession.
Distribution of assets where Hindu dies without executing a Will :
Hindu Male : Class I heirs
- Mother, Widow, Daughters, Sons, Heirs of the predeceased Son / Daughter. (Father not included).
Hindu Female : Class I heirs
- Sons, Daughters, Children of predeceased Son / Daughter and the Husband. (Father, Mother, Father-in-law, Mother-in-law not included).
All the assets are to be equally distributed among all the heirs, surviving at the time of his / her death.
Final step in – Intestate Succession :
- Heirship Certificate / Succession Certificate is an order of the Court certifying the legal heirs of the deceased and the assets bequeathed to the legal heirs.
- The legal heirs under the law of Succession should obtain a certificate of Heirship (Varsai Ambo / Pedhi Namu / Family Tree) from Mamlatdar office.
- The legal heirs should then apply to the court to obtain a Heirship Certificate / Succession Certificate.
- The Court will issue public notice and consider any responses received, thereafter issue a Heirship Certificate / Succession Certificate.
Effect of Nomination / Joint Holder (E or S) :
- On death of the holder of financial assets transmission of assets needs to be done in favour of the Nominee / Joint holder (E or S).
- Nominee / Joint Holder (E or S) is not the owner of the assets, he is merely a Custodian / Trustee. The real owner of the asset are the legal heirs of the deceased under Intestate Succession (When Will is not made).
- All institutions are obliged to honour the Heirship Certificate / Succession Certificate.
- Heirship Certificate / Succession Certificate is a conclusive document for property bequeathed the same.
- In the absence of a Heirship Certificate / Succession Certificate, the institution may prescribe procedure to accept the certificate of Heirship (Varsai Ambo / Pedhi Namu / Family Tree) as document for transmission of asset.
