Succession laws in India, particularly concerning NRIs (Non-Resident Indians), are governed by various legal frameworks depending on the individual’s religion and the presence of a will. The primary laws include the Indian Succession Act of 1925, the Hindu Succession Act of 1956, and the Muslim Personal Law of 1937.

In the absence of a will, intestate succession laws apply, which differ based on the deceased’s religion:

• Hindus, Buddhists, Jains and Sikhs: Governed by the Hindu Succession Act of 1956, the property is distributed among Class I heirs (spouse, children, and mother). If there are no Class I heirs, it moves to Class II heirs (father, siblings, etc.). The 2005 amendment ensures daughters have equal rights to inherit property​.
• Muslims: Governed by the Muslim Personal Law, which distributes the property based on predetermined shares among heirs such as the spouse, children and parents. The distribution follows the principles of Sharia law​​.
• Christians, Parsis and others: Governed by the Indian Succession Act of 1925. The property is primarily divided among the spouse and children, followed by parents and siblings if the primary heirs are absent​.

For NRIs, the process involves obtaining a succession certificate or probate from the Indian courts, ensuring legal recognition of their rights to the inherited property. Given the complexities, consulting a real estate attorney in India is advisable to navigate the legal procedures effectively and to ensure compliance with all relevant laws and tax obligations​.