A Guide to Law on Succesion of Property in India

An individual’s right to acquire, hold and dispose of the property is recognized since the beginning of civil society. Property can be immovable or movable. You also get the liberty to dispose of your property in the desired manner whenever you wish to. For immovable property, in case of one’s demise, one can exercise this right during his or her lifetime with the help of making a “Will”. Such a type of succession is called testamentary Succession. Inheriting immovable property without any will is called Intestate Succession. 

 The laws related to a succession of the property mainly deal with determination of the right and property title of a deceased person. Aspects like who will be the legal heir of the property and in what order they succeed to the legal ownership of the property owned by a deceased person is as per the law of succession.

 Indian Succession Act, 1925 governs succession by will that ensures making, execution and administration of wills. Will is a document that of consist of a legal declaration by the testator related to the devolution of his/her property after death. Thus, a Will has to be made during a person’s lifetime and it will come into play after his/her demise. Will can be made by anyone capable of entering into an agreement with the help of a Property lawyer in India. People who are not allowed to sign a will are minors or someone under the effect of intoxication or other factors like coercion, fraud, illness or something that takes away their free will or ability to understand the impact of a Will. There is no prescribed format of a will but it is preferred that a will should be in a written manner, dated and be attested by two witnesses to make it a legally permissible document. This makes the intention of the testator clear. 

 The aim of this will is to explicitly mention the intent of the Testator so, small errors in the name or details of the property can be ignored. The document must be signed by the Testator and two witnesses. A thumb impression is also permissible for people who are unable to sign. Witnesses should be independent persons and not beneficiaries under the Will. To put up a will on a stamp paper or to get a registration of the will is optional and can be done. The property transfer lawyers in India are required for the legal process of succession to legal heirs.

 Thus, whether the legal heirs are based in India or are NRI, the legal succession of property is essential and Knowlegentia is the most sought after NRILegal Firm in India having expert Property Dispute lawyers in India.

 Proof and validity of a Will are defined in a process called Probate. Here a timely petition is filed to appraise the court where crucial details are given like date and time of testator’s death, the executor named in the will, fulfilment of all formal and essential legal requirements, details of assets, names of legal heirs etc. The court issues a notice to legal heirs of the deceased once the petition for probate is filed. You get an opportunity to file any objections and make any other claims on the property of the dead after this notice. In case of no objection, the transfer is initiated. The court orders a general public notice in the newspaper for declaration.

 A letter of administration can be obtained from the court of competent jurisdiction in a case where the testators fail to nominate an executor under a Will or if the executor appointed under a Will is not ready to claim it. If the Court is satisfied with the petition filed, it passes an order to grant letters of administration preferring the applicant.

 Hindu Succession Act,1956 decodes the laws relating to Intestate Succession for Hindus, including Jains, Sikhs, and Buddhists. Hindu Males have four classes of Legal heirs. The Class 1 relatives include wife, mother, son/daughter, son/daughter of predeceased, widow of the predeceased son, and other similar blood relatives. The widow, mother and each of the children will have an equal share in the property. If a  child has also predeceased then, his or her spouse and children will get his/her share collectively. It is the same for female Hindu as well. 

 As seen above, the succession of property might involve some typical legal complications and often people get entangled in these legal complications. Knowledgentia which is the best law Firm in India, is equipped to deal with all sorts of situations that arise in the matter related to property transfer. We are inclined to provide the practically possible strategies as per the trends and legal changes occurring within the Laws about the Succession of property. Be it Property registration in India or Will Drafting and Registrationany other matter related to property inheritance, Knowledgentia is a one-stop solution.