Section 31 in Mizo Marriage, Divorce and Inheritance of Property Act, 2014
31. In the absence of a 'Will' , the following provision shall apply.
(1)On the death of the head of the family, the wife will automatically become the head of the family if she remains a chaste widow and looks after the welfare of her minor children. If the children have become majors, she needs to obtain no objection from the children to recognize her as the head of the family.(2)The property left by the deceased father will be inherited by the sons who are not 'In dang' and the surviving wife of the Head of the Family equally. However, the youngest son will get one extra share provided he looks after members of the family who are not 'In dang'.Provided further that unmarried daughter who has been looking after her parents and siblings being the main bread earner will also get a share of the property equivalent to the right of the mother/sons.(3)If any of the son 'A' of the Head of the Family dies before the Head of the Family, then on the death of the Head of the Family, the Head of the Family's properties will be divided between the surviving sons of the Head of the Family who are not In dang' and the surviving wife and the share that would have gone to A would go to A's sons.Provided that the youngest son will get one extra share. Provided further that 'A' was not In dang' or that the children of 'A' were not In dang' at the time of the death of the Head of the Family.(4)If the Head of the Family has no son, then the property will be divided equally between the surviving wife of the Head of the Family and the unmarried daughters who are living with the surviving wife.(5)In the event of all the sons being 'In dang' at the time of the death of the Head of the Family, and there being unmarried daughters, then the property will be shared between the wife, unmarried daughters and the surviving sons.Provided that the youngest son shall get one extra share. The sons and daughters of the Head of the Family from a previous marriage who are living with the Head of the Family shall have the same right and interest as the sons and daughters of the later marriage.(6)In the event of there being no sons or unmarried daughters then the property will go to the wife of the Head of the Family.(7)In the event of there being no sons, unmarried daughters or wife, then the property will go to the married daughters in equal share.(8)In the event of there being no sons or daughters and the wife from the surviving marriage having expired prior to the death of the Head of the Family, then the share of the properties to be inherited by the children from his previous marriage will be governed as per sub-section (1) to (6). However his wife from his previous marriages will not be entitled to any shares of the property and her alleged share will go to the youngest son to the previous marriage.(9)In the event of there being no sons, unmarried daughters, wife, married daughters, then the youngest illegitimate son will inherit the property. In the event of there being no illegitimate son, then the youngest illegitimate daughter will inherit. In the event of there being no illegitimate daughters, the brothers and sisters of the Head of the Family will inherit the property and the youngest brother will get one extra share.(10)The personal property left by unmarried son who died while he was in his father's house and having no issue will be inherited by his surviving father. If the father had died, his surviving mother will inherit. If both the father and the mother had died, the surviving youngest brother will inherit. If there is no surviving brother, the youngest surviving sister will inherit. If he had a survivingsawn son or daughter, the son will inherit. If he had a surviving daughter but no son, the surviving daughter will inherit, provided that sawn man was paid.(11)The personal property left by unmarried daughter who died while she was in her father's house and having no issue will be inherited by her surviving father. If the father had died, her surviving mother will inherit. If both the father and the mother had died, the surviving youngest brother will inherit. If there is no surviving brother, the youngest surviving sister will inherit. If she had left surviving sawn son or daughter, the son will inherit. If she had a surviving daughter but no son, the surviving daughter will inherit. Provided that sawn man is not paid.(12)If there is 'Falak' in the family, he/she will have a right to have a share of the mother's property.
