What succession rules apply to Christians in India?

What the Law Says

The Indian Succession Act, 1925 is the primary law governing succession for Christians in India, covering both testate (with a will) and intestate (without a will) cases.

For Christians dying intestate, Section 31 lays down the order of succession: the widow or widower takes a preferential share, followed by lineal descendants (children, grandchildren), then kindred (parents, siblings).

Under Section 33, if the deceased leaves a widow and lineal descendants, the widow receives one-third of the estate; the remaining two-thirds go to the descendants. If there are no lineal descendants but surviving parents or siblings, the widow receives one-half.

A valid will by a Christian must comply with Section 63: it must be in writing, signed by the testator (or by someone in their presence and by their direction), and attested by at least two witnesses who saw the signing or acknowledged it.

Section 34 ensures that no Christian can disinherit their spouse entirely — the widow/widower is entitled to at least one-third of the net estate if there are lineal descendants, or one-half if there are none.

Statutory Text

If the deceased has left a widow and lineal descendants, the widow shall be entitled to one-third of the net estate.

— Indian Succession Act, 1925, s. 33 — Distribution of intestate's property among widow and lineal descendants

Statutory Text

No person who is not of sound mind… shall be capable of making a will.

— Indian Succession Act, 1925, s. 59 — Who may execute a will

Statutory Text

Every will shall be in writing… signed by the testator… and attested by two or more witnesses.

— Indian Succession Act, 1925, s. 63 — Execution of unprivileged wills

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