Sections 31-35 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter II of Part V sets out how the property of an intestate (other than a Parsi) is divided. Sections 31 to 35 give the first split: the widow or widower on one side, lineal descendants or kindred on the other. This article covers sections 31, 32, 33, 34 and 35; section 33A has its own article.
Chapter II does not apply to Parsis (section 31). The property of an intestate devolves upon the wife or husband, or upon the kindred, in the order and by the rules of the Chapter (section 32). If there is a widow and lineal descendants, the widow takes one-third and the descendants two-thirds; if there are no descendants but there are kindred, one-half and one-half; if there are no kindred, the widow takes the whole (section 33). With no widow, property goes to descendants or kindred, and failing both, to the Government (section 34). A widower has the same rights in his wife's property as a widow has in her husband's (section 35).
Section 31: Parsis excluded
As per the text of the Act consulted, nothing in Chapter II (sections 31 to 49) shall apply to Parsis. Chapter III, which follows, is headed "Special Rules For Parsi Intestates". Whether Chapter II applies to a given person also depends on section 29, which says Part V does not apply to the property of a Hindu, Muhammadan, Buddhist, Sikh or Jaina; see our article on sections 29 and 30.
If you are facing an actual intestacy, a legal consultation can help you apply the shares below to the family you have.
Section 32: devolution of the property
The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules in the Chapter.
In the copy an omission mark "[ *]" follows section 32, where an Explanation used to be. The Statement of Objects and Reasons printed in the copy says the Explanation provided that a widow would not be entitled to a distributive share where a valid contract made before her marriage said so, and that it was decided to delete it. That box is a publisher's addition and is not part of the sections; the sections as printed do not carry the Explanation.
Section 33: widow and lineal descendants, widow and kindred, widow alone
Where the intestate has left a widow:
- (a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules in the Chapter;
- (b) , if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules in the Chapter;
- (c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow.
The bracketed words in clause (b) are inserted wording in the copy. They point to section 33A, which the next article explains: special provision for a widow where there are no lineal descendants.
Section 34: no widow
Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules in the Chapter; and, if he has left none who are of kindred to him, it shall go to the Government.
Section 35: rights of a widower
A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband's property, if he dies intestate. So the shares in section 33 are read with "husband" for "widow".
The shares at a glance
| Survivors | Widow (or widower) | Others | Section |
|---|---|---|---|
| Widow and lineal descendants | One-third | Two-thirds to lineal descendants | 33(a) |
| Widow, no lineal descendant, kindred | One-half (subject to section 33A) | One-half to kindred | 33(b) |
| Widow, no kindred | The whole | None | 33(c) |
| No widow, descendants or kindred | None | To descendants or kindred by the rules of the Chapter | 34 |
| No widow, no kindred | None | To the Government | 34 |
A fresh example
Anwar Siddiqui, an invented person, dies intestate leaving a wife and two sons. Under section 33(a) his wife takes one-third of his property, and the remaining two-thirds go to his sons according to the rules of the Chapter. Had he left no lineal descendant but a surviving brother, clause (b) would give one-half to the wife and the other half to the kindred, subject to section 33A. If he had left no kindred at all, clause (c) would give the whole to the wife. The example applies only the printed fractions and assumes that Part V applies to Anwar's property under section 29.
Where the sections leave the detail
- The sections say "the rules hereinafter contained" for the sharing among lineal descendants or kindred. Those rules are in sections 36 to 49.
- Sections 31 to 35 do not say how debts and expenses are met before division; section 33A(4) mentions debts and expenses in the special case of a small estate, and the text of Chapter II does not state a general rule in these sections.
- A married woman who dies intestate is covered by section 35 as far as her husband's rights go.
Points to flag
- The omitted Explanation to section 32 appears only as "[ *]". This article reports what the Statement of Objects and Reasons box says and nothing else about it.
- Apostrophes are missing in the copy ("husbands property"); read them in.
Later amendments
The copy consulted is an unofficial print showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002). Later amendments should be checked.
Need help with dividing an intestate estate?
Fractions are easy on paper and harder when the family tree has gaps or disputes. If you need the shares worked out and documented, our legal consultation page explains how to ask for a review.
Key takeaways
- Chapter II (sections 31 to 49) does not apply to Parsis.
- Widow and lineal descendants: one-third and two-thirds.
- Widow and kindred but no descendants: one-half and one-half, subject to section 33A.
- Widow and no kindred: the whole to the widow.
- No widow and no kindred: the property goes to the Government.
- A widower has the same rights as a widow.
Read next
- Section 33A: special provision for a widow where there are no lineal descendants
- Sections 36-39: distribution among children, grandchildren and remoter descendants
- Sections 29-30: when a person dies intestate
- Intestate succession under the Hindu Succession Act: Class I and Class II heirs
Disclaimer: Based on an unofficial print of the Indian Succession Act, 1925 showing amendments up to the Indian Succession (Amendment) Act, 2002 (26 of 2002), as consulted on 2 October 2026. It explains the words of the statute only; later amendments, State amendments and rules, court fees and the way courts apply these sections should be checked. This article is general information, not legal advice; check the official text before acting.