Questions about who inherits what, and on what basis, often arise at a difficult time for a family. Getting the documents right, and knowing which law applies, prevents many disputes and resolves others faster.
Making a will
- A will must be in writing, signed by the person making it, and attested by two witnesses who see it being signed.
- Registration is optional, but a registered will is generally harder to challenge.
- A will can be changed or revoked at any time during the person's lifetime; the latest valid will prevails.
- Witnesses should ideally not be beneficiaries under the will.
When there is no will
Property passes under the personal succession law that applies to the deceased, such as the Hindu Succession Act, 1956 or the Indian Succession Act, 1925. Since the 2005 amendment, daughters have the same rights as sons in Hindu joint family (coparcenary) property.
Documents the family may need
- Succession certificate: to collect debts, bank deposits, shares and similar movable assets of the deceased.
- Probate: court confirmation of a will, needed in some cases and often asked for by banks and authorities.
- Letters of administration: where there is a will but no executor, or no will at all, in certain cases.
- Mutation of land and property records in the heirs' names.
Disputes
- Challenges to a will on grounds such as forgery, undue influence or lack of sound mind
- Partition suits for division of inherited property
- Injunctions to stop sale or transfer while a dispute is pending
How we can help
We draft wills, obtain succession certificates and probate, and represent families in inheritance and partition disputes in the civil courts.