Sections 29-30 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.
Sections 29 and 30 open Part V on intestate succession. Section 29 says when the Part applies; section 30 says what "dying intestate" means. The answer in section 30 surprises many families: a person can leave a will and still die intestate as to part, or all, of his property. If you are unsure whether a will in your hands settles the whole estate, a legal consultation can help you read it against section 30.
A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect (section 30). So a will that appoints an executor but gives nothing, a bequest for an illegal purpose, or a bequest that cannot take effect leaves intestacy to that extent. Part V does not apply to an intestacy before 1 January 1866 or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina; otherwise, save as provided by any other law for the time being in force, it is the law of India in all cases of intestacy (section 29).
Section 29: when Part V applies
As per the text of the Act consulted, section 29(1) says the Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
Section 29(2) says: save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of India in all cases of intestacy. In the copy "India" is in square brackets, marking substituted wording.
Two things follow. First, the Part has a general reach ("all cases of intestacy") but makes way for the exclusion in sub-section (1) and for any other law for the time being in force. Second, the text does not say what that other law provides. A separate law governs succession to the property of a Hindu; see our guide on intestate succession under the Hindu Succession Act. Section 3 also lets the State Government exempt the members of a race, sect or tribe from sections 5 to 49; see our article on sections 1 and 3.
Section 30: what property is intestate property
A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect.
Break the sentence into its parts.
- "all property": the test is applied property by property, not will by will.
- "testamentary disposition": a disposition by will; "Will" is defined in section 2(h) (see our article on section 2).
- "capable of taking effect": a disposition that exists on paper but cannot take effect does not remove the property from intestacy.
The Act's four illustrations
- (i) A has left no will. He died intestate in respect of the whole of his property. (The copy prints "He was died intestate", a printing slip; the sense is "he has died intestate".)
- (ii) A has left a will appointing B his executor, but the will contains no other provision. A has died intestate in respect of the distribution of his property.
- (iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property.
- (iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; and has died leaving the sum of 2,000 rupees and no other property. C died before A without ever having had a son. A has died intestate in respect of the distribution of 1,000 rupees.
These are the Act's illustrations, with old rupee figures kept exactly as printed.
The four cases at a glance
| Situation | Intestate? | Illustration |
|---|---|---|
| No will | Yes, as to the whole | (i) |
| Will only appoints an executor | Yes, as to the distribution of the property | (ii) |
| Whole property bequeathed for an illegal purpose | Yes, as to the distribution of the property | (iii) |
| One bequest of two cannot take effect | Yes, as to the part that cannot take effect | (iv) |
A fresh example
Latha Pillai, an invented person, leaves a will that gives her car to her nephew and says nothing else, although her estate also includes a bank deposit and a flat. Applying section 30, she has made a testamentary disposition capable of taking effect only as to the car. As to the deposit and the flat she has not, so she is deemed to die intestate in respect of them (if Part V applies to her under section 29). Which rules then divide the deposit and the flat depends on the chapters of Part V that follow; the text of section 30 itself says only that she died intestate as to that property.
Where the text is silent
- The two sections do not say who takes intestate property; that is left to the chapters that follow.
- Section 30 does not use the word "partial intestacy"; the idea is in the words "in respect of all property of which he has not made a testamentary disposition".
- The sections print no form, fee or procedure.
Practical use
When a will is found, the first step in an estate is to check three things: whether the will disposes of each item of property; whether any disposition is for an illegal purpose; and whether any disposition cannot take effect. Anything left over is intestate property under section 30. For wills in general, see our guides on the ingredients of a valid will. For the time limits that may apply to any suit about an estate, see our guide on limitation periods.
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 an estate where the will does not cover everything?
Property that a will does not dispose of effectively falls to intestacy rules, and the shares can differ sharply from what the family expects. Our legal consultation page shows how to start a review of the will and the assets side by side.
Key takeaways
- Intestacy is tested property by property: whatever has no capable testamentary disposition is intestate.
- A will that only appoints an executor leaves the property intestate.
- A bequest for an illegal purpose, or one that cannot take effect, leaves intestacy to that extent.
- Part V does not apply before 1 January 1866 or to the property of a Hindu, Muhammadan, Buddhist, Sikh or Jaina.
- Subject to other laws in force, Part V is the law of India for all other intestacies.
Read next
- Sections 23-28: consanguinity, lineal and collateral, and degrees of kindred
- Sections 31-35: share of widow, widower, lineal descendants and kindred on intestacy
- Section 33A: special provision for a widow where there are no lineal descendants
- Tax on inheritance and will: is it taxable?
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.