Succession, Wills & Inheritance

It covers the legal framework for transferring a deceased person’s assets to rightful heirs. This includes obtaining probate of wills, applying for succession certificates, establishing legal heirship, and resolving disputes among claimants under applicable personal laws or the Indian Succession Act, 1925.

Ideally, during one’s lifetime, well before any health concern arises. For heirs, legal help becomes urgent upon a death, especially when assets are held across states, include immovable property, or involve NRI beneficiaries who face additional FEMA compliance requirements for repatriation.

The Indian Succession Act, 1925 governs wills and intestate succession for most communities. Hindu succession follows the Hindu Succession Act, 1956. Muslim inheritance is guided by personal law. Probate jurisdiction lies with the relevant High Court or District Court under the Code of Civil Procedure.

Timelines vary by court and city. A straightforward, uncontested probate petition may take six to twelve months. Succession certificate applications can take a similar period. Contested matters or incomplete documentation add significant delay and cost, often extending proceedings by years.

You will typically need the original will (if any), death certificate, proof of the applicant’s relationship to the deceased, identity and address proof, a schedule of assets, property documents, and bank or demat account statements. NRI applicants also need a valid passport and power of attorney.

A frequent pitfall is assuming that a registered will does not require probate. In cities like Mumbai, Chennai, and Kolkata, probate is mandatory. Others delay filing, allowing limitation periods to lapse, or execute informal family settlements that lack legal enforceability in later disputes.