Who Owns the Property of a Person Who Dies Without an Heir? - What the Law Says
A question that many people do not know the answer to is: Who becomes the owner of a deceased person’s property if there is no nominated heir? According to legal experts, almost 95% of people are unaware of the actual succession rules.
This situation is legally called “Intestate Death”, which means a person dies without naming an heir through a will. In such cases, the Hindu Succession Act or the Indian Succession Act automatically comes into force, depending on the individual’s religion.
Class-I Legal Heirs (First Priority)
If the deceased has any of the Class-I heirs, the entire property goes to them. They include:
- Mother
- Father
- Wife / Husband
- Son, Daughter
- Children of a deceased son or daughter
If even one Class-I heir exists, that person receives 100% of the property.
Class-II Legal Heirs (Second Priority)
If there are no Class-I heirs, then Class-II heirs become eligible in the following order:
- Brother / Sister
- Elder brother, Younger brother
- Their children (Nephews / Nieces)
- Grandfather, Grandmother
- Uncle, Aunt, Stepfather, etc.
The property is transferred strictly in this order as per law.
Who Gets a Government Employee’s Pension?
Pension benefits are given in this priority order:
- Wife / Husband
- Son, Daughter
- Mother, Father
- Brother, Sister
Pension is normally given only to Class-I heirs.
Who Owns Bank Money After Death?
If there is a nominee, the bank gives the money to the nominee first.
However, the Supreme Court has ruled that the nominee is only a receiver, not the legal owner.
The final ownership always belongs to the legal heirs.
If there is no nominee, the money goes to Class-I or Class-II heirs in order.
Who Owns Land or House Property?
If Class-I heirs exist - 100% of the property goes to them.
If they don’t exist - It goes to Class-II heirs.
If there are no legal heirs at all, the property is taken over by the Government through a process called Escheat.
