Indian Succession Act for Christians and Parsis: shares of the spouse, children and parents

When an Indian Christian dies without a will, the Indian Succession Act, 1925 gives the surviving spouse one-third of the estate if there are children or other lineal descendants, and the descendants share the other two-thirds equally, sons and daughters alike. With no descendants, the spouse takes half and the other half goes to the nearest kindred, such as the father. For Parsis, the spouse and each child take equal shares, and each surviving parent of the deceased takes half a child's share. Both communities have full freedom to make a will. The Act's will provisions also govern wills made by Hindus, Sikhs, Jains and Buddhists, so it matters to almost every family.

This guide is part of the inheritance law overview. For Hindus see Class I heirs. For Muslims see the one-third rule.

Who the Act's intestate rules apply to

The Special Marriage Act, 1954 also brings the Indian Succession Act into play for couples married under it, with an exception (section 21A) where both spouses are Hindu, Buddhist, Sikh or Jain. Goa has its own succession law, and the Supreme Court held in Mary Roy v. State of Kerala (1986) that the Indian Succession Act, not the old Travancore law, governs Christians in the former Travancore area.

Christian intestate succession: the basic rules

1. Spouse and lineal descendants. The widow or widower takes one-third. The lineal descendants take two-thirds (section 33(a); section 35 gives a widower the same rights as a widow).
2. Spouse and kindred, no descendants. The spouse takes one-half, the kindred one-half (section 33(b)).
3. Spouse, no kindred. The spouse takes everything (section 33(c)).
4. Small estates (not for Indian Christians). Where there are no lineal descendants, section 33A gives a widow the first ₹5,000 of the net estate (with 4% interest until paid) before the residue is shared. Section 33A(5) says it does not apply to the property of Indian Christians (or their children and grandchildren), so it matters mainly to other communities under Part V, such as Jews. The figure dates from 1926 and is now tiny.
5. Children. Sons and daughters share equally (section 37). If a child has died, the grandchildren take per the Act's rules for distant descendants.
6. No descendants. The father takes the kindred's share (section 42). If the father has died, the mother, brothers and sisters share equally (section 43), with further rules for more distant relatives.

Worked example 1 (illustrative). Joseph, a Christian, dies without a will leaving a house and deposits worth ₹90 lakh. His wife and three children survive him. The wife takes one-third, ₹30 lakh. The three children share ₹60 lakh, ₹20 lakh each, whatever their gender.

Worked example 2 (illustrative). Same estate, no children or grandchildren, but his father is alive. The wife takes one-half, ₹45 lakh, and the father takes ₹45 lakh.

Parsi intestate succession

The Parsi rules were reformed by the Indian Succession (Amendment) Act, 1991, which made sons and daughters equal.

• The widow or widower and each child take equal shares (section 51(1)).
• If a parent of the deceased is alive, each parent takes a share equal to half the share of each child (section 51(2)).
• A predeceased child's share goes to that child's spouse and children under section 53.
• With no lineal descendants, the spouse and relatives listed in the Schedule II order share under sections 54 and 55.

Worked example 3 (illustrative). Farhad, a Parsi, leaves ₹1.2 crore, a widow, two children and his mother. Shares: widow 1, child 1, child 1, mother ½, total 3½ units. One unit = ₹1.2 crore ÷ 3.5 ≈ ₹34.29 lakh. The widow and each child take about ₹34.29 lakh, the mother about ₹17.14 lakh.

Wills under the Act: what matters for everyone

• Who can make a will. Any person of sound mind who is not a minor (section 59).
• Formalities. Writing, signature or mark of the testator, and attestation by two witnesses (section 63). Soldiers, airmen and sailors on actual warfare can make informal "privileged" wills (sections 65–66).
• No registration required. Registration is optional under the Registration Act, 1908.
• Revocation. A will can be revoked by a later will or codicil, by a written declaration executed like a will, or by burning, tearing or destroying it with the intention of revoking it (section 70).
• Marriage. For Christians, Parsis and others under Part VI generally, a later marriage revokes an earlier will (section 69). This rule is not applied to Hindus, Buddhists, Sikhs and Jains through Schedule III. If you marry, make a new will anyway.
• Freedom of disposition. Christians and Parsis can leave their entire property to anyone, including outside the family. There is no reserved share for children.

See how to make a valid will for the drafting steps.

Probate, letters of administration and succession certificates

The same Act governs the court documents used to transfer an estate. Section 213, which said an executor or legatee could not establish rights in court under certain wills without probate or letters of administration, was omitted by the Repealing and Amending Act, 2025, with effect from assent on 20 December 2025. For Christians it had already been relaxed in 2002. Probate and letters of administration remain available and may still be asked for by banks, housing societies or registrars. See the probate guide and the certificates comparison.

Practical checklist for Christian and Parsi families

• Make or update a will after marriage, the birth of a child or the death of a beneficiary
• Name an executor you trust, and an alternate
• Keep nominations up to date, but remember nominees usually hold money for the heirs
• Write down the location of title documents, policies and account details
• For property in Goa or abroad, take advice on which law applies

Frequently asked questions

Do Christian daughters inherit equally with sons?

Yes. Under section 37 the children share equally, regardless of gender.

Is a Christian widow's share fixed at one-third even if the estate is small?

Where there are lineal descendants, yes. The ₹5,000 preference in section 33A applies only where there are no lineal descendants, and under section 33A(5) it does not apply to Indian Christians at all.

Can a Parsi leave everything to a charity?

Yes. Parsis have full testamentary freedom, subject to the will being valid. The old restriction on religious and charitable bequests by Christians in section 118 was struck down by the Supreme Court in John Vallamattom v. Union of India (2003). For a large charitable bequest, ask a lawyer how to set up the gift or trust so it can be carried out.

Does the Indian Succession Act apply to a Christian's agricultural land?

Generally yes, but state laws on agricultural land and land ceilings may restrict transfers. Check the state law.

Sources

• India Code — Indian Succession Act, 1925, Parts V and VI
• e-Gazette of India — Repealing and Amending Act, 2025 (No. 37 of 2025)
• Legislative Department — Indian Succession (Amendment) Acts
• Supreme Court of India — Mary Roy v. State of Kerala and later judgments