When a Christian passes away without a valid Will, the law doesn’t leave things to chance. The Indian Succession Act, 1925 lays out clear rules for who gets what. These rules apply when someone dies “intestate”—meaning, without a Will. This blog explains how property is divided between the surviving spouse, children, relatives, and in rare cases, the government. We’ll also walk through real examples to show how shares are split depending on who is alive. If you’ve ever wondered what happens legally in such situations, this blog breaks it down step-by-step.
Intestate Succession for Christians
Let’s say someone dies without making a Will. Who inherits the property?
The law considers three possible sets of survivors:
- Spouse (husband or wife)
- Lineal descendants (like children, grandchildren, great-grandchildren)
- Kindred (relatives who come from a common ancestor)
Here’s how the property is divided:
| Survivors | Spouse’s Share | Others’ Share |
| Only spouse | Full | None |
| Spouse + lineal descendants + kindred | 1/3 to spouse | 2/3 to lineal descendants |
| Spouse + kindred (no lineal heirs) | 1/2 to spouse | 1/2 to kindred |
| Only lineal descendants | None | Full |
| Only kindred | None | Full |
| No survivors at all | None | Government inherits all |
Important definition:
A lineal descendant means someone in direct bloodline from the deceased—like children, grandchildren, or great-grandchildren.
Kindred means relatives connected by blood from a common family line but not directly descending—like siblings, cousins, nephews.
Rules for Distribution to Lineal Descendants
Once the spouse’s share is separated, the rest is distributed among lineal descendants.
Here’s the order:
- First, any surviving sons or daughters
- If a son or daughter passed away earlier, their children (the deceased’s grandchildren) take their place
- If those grandchildren also passed, then their children (great-grandchildren) inherit
- And so on…
If multiple heirs are on the same level, they all split the property equally.
If heirs are from different generations, the share of the pre-deceased parent goes as one unit to their children. Then, those children divide that share equally.
Also, a child in the womb at the time of death is counted—as long as they’re born later.
Rules for Distribution to Lineal Descendants – Illustration
Here’s a real-world-style example to help understand this better.
Mr. A dies without a Will. His family includes:
- A surviving son (Son 1) with two children
- Two grandsons from his pre-deceased daughter
- A great-grandson and great-granddaughter from another pre-deceased child
- A grandson from another pre-deceased son
- His widow
Now, the law applies as follows:
- The widow gets 1/3
- The remaining 2/3 is split among all eligible descendants
The exact shares work out like this:
- Son 1 gets 2/9
- His children each get 1/9
- The pre-deceased daughter’s children (grandsons) split 1/9
- The pre-deceased son’s grandson gets 1/9
- The great-grandchildren share 1/18 each
Everyone receives the share their deceased parent would’ve received—split equally if there are multiple heirs in that branch.
Rules for Distribution Where There Are No Lineal Descendants
Now let’s say the person who passed away didn’t have children or grandchildren. In that case, the remaining property (after giving the spouse’s share) goes to other blood relatives, in this order:
- First to the father
- If the father is not alive, then to:
- Mother
- Brothers and sisters
- Children of any deceased brothers or sisters
- If none of those people are around, then the estate goes to the closest living relatives (known as “nearest degree of kindred”)
Even half-blood siblings (those who share one parent) are included.
Again, if multiple heirs are on the same level, they share equally.
If a pre-deceased sibling’s children are alive, they together get the share that sibling would’ve received.
Rules for Distribution When There Are No Lineal Descendants – Illustration
Let’s go back to Mr. A—except this time, he was unmarried, had no children, and left behind the following people:
- His mother
- One brother and one sister
- Children of a pre-deceased brother
- Children of a pre-deceased sister
The law divides the estate like this:
- 1/3 to the mother
- 1/3 split between the surviving brother and sister
- 1/3 split between the children of the deceased siblings
The principle is the same: each eligible branch gets what the original relative would’ve received. Then that branch splits it among themselves.
Final Thoughts
Many people believe that if someone dies without a Will, the family will just “figure it out.” But in law, there’s no guessing. The Indian Succession Act has clear rules for who inherits when a Christian dies intestate.
Whether it’s a spouse, child, grandchild, or distant cousin—the law accounts for everyone. It doesn’t matter how large or small the estate is, the distribution follows a legal structure designed to be fair and consistent.
Knowing these rules can prevent confusion, delay, and disputes. And if you’re handling an estate or just thinking about planning your own, understanding the basics of intestate succession is a powerful first step.
Want to Learn More?
This blog is part of M2K Advisors’ ongoing Succession Planning Series. Other topics in the series include:
- An Introduction to Succession Planning
- Types of Succession in India
- Rules of Intestate Succession – Hindu Males & Females
- Key Aspects of the Hindu Succession Act
To explore more, visit www.m2kadvisors.com or send your questions to knowledge@m2k.co.in.
