Wills Under Hindu Law: What You Can and Can't Do
For Hindus, Sikhs, Buddhists and Jains, succession is governed by the Hindu Succession Act, 1956. Understanding what you can and cannot bequeath is the first step to a sound Will.
Self-acquired vs ancestral property
You can bequeath your self-acquired property — anything you earned or bought — to anyone you choose, in any share. Ancestral / coparcenary property is different: your undivided share can generally be Willed, but the coparcenary rights of others (including daughters, since the 2005 amendment) must be respected.
Class I heirs (if there's no Will)
If a Hindu dies intestate (without a Will), self-acquired property passes to Class I heirs in equal shares — typically the spouse, children, and mother. A Will lets you override this default and decide for yourself.
Key points for your Will
- Daughters have equal coparcenary rights (Hindu Succession (Amendment) Act, 2005).
- You can include friends, distant relatives or charities — a Will is the only way to do so.
- Witnesses must not be beneficiaries; two are required.
This article is general information, not legal advice. For complex estates or specific cases, consult a qualified professional.