Can I disinherit my children in my will?

What the Law Says

Under Indian succession law, testamentary freedom — the right to dispose of one’s property by will — is broadly recognized, but with important limits depending on religion and property type.

For Hindus, Sikhs, Jains, and Buddhists, the Hindu Succession Act, 1956 governs inheritance. Section 30 of this Act explicitly permits a Hindu to dispose of their 'interest' in any property — including self-acquired property — by will. This means you may exclude your children from inheriting such property.

However, this freedom does not extend to ancestral (coparcenary) property governed by the Mitakshara school. A coparcener’s interest in ancestral property devolves by survivorship, not by will — so you cannot disinherit children from that share.

Muslims and Christians are governed by personal laws that also permit testamentary disposition, subject to statutory limits: Muslims may bequeath up to one-third of their estate (after debts and funeral expenses), and Christians must comply with the Indian Succession Act, 1925, which allows full testamentary freedom over self-acquired property.

Statutory Text

Any Hindu may dispose of by will or other testamentary disposition any property, movable or immovable, which is capable of being so disposed of by him or her.

— Hindu Succession Act, 1956, s. 30 — Testamentary disposition

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