WHO IS AN HEIR?

When a person passes away, their assets, property, and liabilities must be transferred to their rightful successors. This is where the concept of "heir" becomes crucial. But what is an heir exactly? A legal heir is an individual who is lawfully entitled to inherit the estate of a deceased person, either through succession laws or as per a valid will.

Inheritance laws vary based on religion, region, and personal status, ensuring the proper distribution of wealth and responsibilities. In India, the Hindu Succession Act, 1956, Indian Succession Act, 1925, and Muslim Personal Law (Shariat) Application Act, 1937 govern heirship, defining the rights of spouses, children, parents, and other relatives.

Understanding the legal framework of heirship is essential for estate planning, avoiding disputes, and securing the financial future of surviving family members. This guide explores the types of heirs, order of succession, rights and responsibilities of legal heirs, and the distinction between heirs and beneficiaries.
 

Meaning Of Legal Heir

A legal heir is a person legally eligible to inherit the property, rights, and liabilities of the deceased under the laws of succession. Normally, legal heirs are close relatives like children, spouses, and parents, but based on the properties and the respective law, the definition of legal heirs could be different.

The category of legal heirs covers direct legal heirs such as the spouse, the children (both daughters and sons), the parents and further comprising of other relatives as determined by the Indian Succession Act. It is important to determine the legal heir to distribute the properties of the deceased person and fulfil financial as well as legal obligations left behind.

Importance Of Legal Heirs

The importance of legal heirs is as follows:

• The legal heirs can claim any asset or property belonging to people who are dead.
• They can claim insurance or family pensions for the deceased person.
• They can get legal rights to access government benefits such as gratuity, provident fund, etc.

Legal Framework Governing Heirship

The key legislations include:

• The Hindu Succession Act, 1956

The act governs succession and inheritance for Hindus, Buddhists, Jains, and Sikhs. It offers a comprehensive framework for the distribution of property among legal heirs.

• Indian Succession Act, 1925

Application of this Act has been exempted for certain religions. Most of the provisions of the Act are not applicable on Hindus, Muhammadans, Buddhists, Sikhs, and Jainas. Special provisions are provided for Parsis and Christians.

• Muslim Personal Law (Shariat) Application Act, 1937

This Act is applicable in non-testamentary succession. In testamentary succession, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis.

• The Special Marriage Act, 1954

This act also provides provisions for inheritance and succession to the person who marries under this act, irrespective of their religion.

Types Of Heirs

The following are the types of heirs:

• Legal Heirs

When any law prescribes for an heir, it is called as a legal heir. For example, the Hindu Succession Act provides for Class I and II heirs, cognates and agnates. Under Muslim law, there are three types of heirs- sharers, residuaries and distant kindred.In the upcoming portion, we will discuss in detail the types of legal heirs.

• Testamentary Heirs

These are people mentioned in the will to receive the deceased's properties. They do not necessarily have be the legal heirs.

• Adoptive Children

Generally, adoptive children stand on par with real children in inheriting the property of a deceased owner.

Who Is Considered A Heir?

An heir is an individual legally entitled to inherit a deceased person's property, rights, titles, debts, and obligations.

Criteria For Being An Heir

Keeping in mind the broad variations that we have, the criteria for being considered a legal heir as per relevant laws are:

Hindu Heirs

• The principal criterion for being a Hindu heir is a valid blood relationship or marital ties with the deceased. The order of priority in inheritance is determined by the specific class of the heir i.e. Class I, Class II, etc.

Muslim Heirs

• The deceased and heir both should be Muslim so that Muslim Law can apply. The share of inheritance is determined by the relationship with the deceased.

Criteria As Per The Indian Succession Act

• The inheritance rights are determined by the relationship with the deceased. The distribution of property is also determined by the existence of a will.

Order Of Succession

Succession Laws state the order of succession, and its nature differs as per the religion of the deceased.

Hindu Succession Act, 1956

• Class I Heirs: It comprises widows, sons, daughters, and mothers. These are inherited at the same time, in equal proportion.
• Class II Heirs: If there are no Class I heirs, the property is passed on to Class II heirs, which include the father, grandchildren, siblings, and other relatives as mentioned in the Act.
• Agnates: Relatives through the male lineage are next in line for succession if there are no Class I or II heirs.
• Cognates: Relatives connected through the female lineage inherit if there are no agnates.

Muslim Law

Inheritance under Muslim law is regulated by personal laws based on Quran and Hadith and focuses on a fixed share system. 

• Sharers: There are 12 sharers: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother. They are entitled to a prescribed share of the inheritance.
• Residuaries: They take no prescribed share, but succeed to the ―residuaries after the claims of the sharers are satisfied; e.g.- son, son’s son, father, true grandfather, etc.
• Distant Kindred: Those relations by blood who are neither sharers nor Residuaries

Christian And Parsi Law (Indian Succession Act, 1925)

• Spouse and Lineal Descendants: Share the estate with spouse and children, to whom specific shares go.
• Kindred: In the absence of lineal descendants, the estate goes to parents, brothers and sisters, and other relatives.

Heirs In The Absence Of A Will

When a person dies intestate (without leaving a will), the distribution of his assets is governed by the succession laws applicable to the deceased:

• Automatic application of Laws: The deceased's estate will be distributed as per the applicable personal law.
• Prioritization of immediate family: Immediate family members are given precedence in inheriting the estate.
• Equal division among same class heirs: In general, heirs belonging to the same class (for example, all Class I heirs under Hindu law) share equally.
• Absence of testamentary freedom: Under a will, the deceased cannot control the distribution of his property, and therefore, knowing the default legal heirs is necessary.

Who Are The Legal Heirs Of A Deceased Person

The legal heirs of a person who is dead are recognised by the law. Close relatives such as spouses, children, and parents are entitled to inherit the property of the deceased either as per a will, or in its absence, through succession laws specific to religions.

Categories Of Legal Heirs

Generally, legal heirs are comprised of:

• Spouse: The surviving husband or wife has the first right to inherit the property of the deceased.
• Children: Sons and daughters are all legal heirs. This includes biological, adopted, and stepchildren.
• Parents: The father and mother of the deceased also have rights to inheritance.
• Siblings: Brothers and sisters, including half-siblings, may be recognized as legal heirs.
• Grandchildren: In certain situations, grandchildren are entitled to inheritance if the children of the deceased are deceased.

Special Cases And Considerations

There are the following special cases while dealing with legal heirs:

Illegitimate Children

The inheritance rights of children born out of wedlock vary according to personal laws. According to Hindu law, rights are the same as legitimate children over the property of their mother but not over that of their father unless acknowledged.

Adopted Children

Adopted children are legal heirs and enjoy the same rights as biological children under the Hindu Succession Act. Other personal laws have different provisions in respect of adopted children.

Interfaith Marriages

In cases of interfaith marriages, inheritance rights can be complex and depend on the laws governing the marriage. For example, under the Special Marriage Act, the inheritance rights of spouses and children are protected irrespective of their religion.

Rights And Responsibilities Of Heirs

Heirs have the following rights and responsibilities:

Rights Of Heirs

• Right to Inherit: Heirs have the right to inherit the assets, liabilities, and properties of the deceased.
• Right to Fair Share: Heirs are entitled to a fair share of the deceased's estate in proportion to their relationship and category as defined by succession laws.
• Right to Contest: Heirs may contest a will in court if they find the process to be unjust or fraudulent.
• Right to Access Information: The heirs have the right to access necessary information about the assets, liabilities, and legal documents of the deceased related to the estate.

Responsibilities Of Heirs

• Settling Liabilities: Heirs are obligated to pay off the debts and liabilities of the deceased before distributing the remaining assets.
• Fulfilling Legal Formalities: Heirs have the duty to complete legal formalities like acquiring a Succession Certificate or Probate to establish their right to inheritance.
• Ensuring Fair Distribution: Heirs should ensure fair distribution of shares by taking care of assets and providing it to entitled parties as per the law.
• Maintaining Estate: Heirs shall be responsible to maintain and manage the estate until its distribution.
• Compliance with Tax Obligations: The heirs must ensure compliance with tax obligations related to the inherited property, including paying any applicable inheritance tax.

Step-by-Step Process Of Determining Heirship

Below is a comprehensive step-by-step process:

1. Determine the applicable personal law.
2. Collect the necessary documents, e.g., death certificate; legal heir certificate; and Will (if available).
3. Identify all the potential heirs according to the applicable succession law.
4. Calculate the shares as per the applicable personal laws.
5. Apply for the Succession Certificate from the court to assert the right over the properties. In case a will exists, apply for Probate to legitimize the will and carry out its conditions.
6. Pay all outstanding debts and liabilities of the deceased before getting the assets distributed.
7. Distribute the shares.

Also Read : How To Get Legal Heir Certificate In Delhi​

Heir vs. Beneficiary

There are following differences between an heir and a beneficiary:

Heir

An heir is someone who has the right to inherit the property of a person who dies without leaving a valid will.

Beneficiary

A beneficiary is one who is clearly named in a will, trust, insurance policy, or any other legal instrument to receive the assets, benefits, or property upon the death of the benefactor. Beneficiaries are appointed by the deceased according to personal wishes and can be anybody, not only legal heirs.

Differences Between Heir And Beneficiary

Examples

The examples are as follows:

Example 1: Intestate Succession (Heirs)

Mr Sharma, a Hindu male, dies without executing a will. He leaves behind his wife, one son and one daughter. His estate will be divided according to the Hindu Succession Act, 1956.

Example 2: Testamentary Succession (Beneficiaries)

Mrs. Gupta makes a will leaving all her property to her nephew, Raj, and a charitable trust. They will inherit the property as per the terms of the will.

Conclusion

Inheritance plays a crucial role in ensuring the smooth transfer of assets after a person's demise. Knowing what is an heir helps individuals understand their legal rights, responsibilities, and the succession process under different personal laws. Whether through intestate succession or a valid will, legal heirs—including spouses, children, parents, and other close relatives—are entitled to claim the deceased’s estate.

By understanding the laws governing heirship, individuals can plan their estate effectively, prevent disputes, and safeguard their family's financial future. If a person dies without a will, succession laws automatically determine rightful heirs based on their relationship with the deceased. On the other hand, beneficiaries inherit assets as per the wishes of the deceased, documented in a will or trust.

Navigating inheritance laws can be complex, making it essential to seek legal advice when dealing with heirship matters. Whether you're an heir looking to claim your inheritance or planning your estate, being well-informed about what is an heir ensures a hassle-free transition of assets and legal responsibilities.

FAQs

A few FAQs on legal heirs are as follows:

Q1. Who is considered an heir as per the Indian law?

An heir is a person legally entitled to inherit, debts, obligations, property, rights, and titles from an individual who is dead. The specific criteria may vary as per applicable personal laws.

Q2. What is the order of succession under Hindu law?

As per Hindu law, Class I heirs (spouse, children, and parents), are followed by Class II heirs, agnates (relatives via male lineage), and finally cognates (relatives through female lineage).

Q3. What is the process of determining heirship?

The process includes determining the applicable personal law, collecting required documents, identifying potential heirs, calculating shares, applying for a succession certificate or probate, settling debts, and distributing assets.