Overview of Wills and Succession
Planning who inherits property, and settling inheritance after a death. A person wants to leave property by will, or a family needs to establish legal heirs and transfer assets, including after separation or divorce.
Wills are governed by the Indian Succession Act, 1925, and the Act requires the will to be signed by the maker and attested by two witnesses. For Hindus, intestate succession follows the Hindu Succession Act, 1956, and for others the applicable personal law applies. Probate may be needed, depending on where the will was made and the property involved, and courts examine whether it was made freely and with sound mind.
Scope. Covers drafting wills, appointing executors, legal heir certificates, probate and succession disputes within families.
Procedure: how a Wills and Succession case usually moves
- List assets and beneficiaries
- Draft the will with two witnesses; registration is optional but advisable
- Update wills and nominations after divorce, separation or the birth of a child
- After a death, obtain a legal heir certificate or probate and transfer assets
Important points to keep in mind
- A will can be changed or revoked at any time during the maker’s life.
- Clear descriptions of property avoid disputes between heirs.
- Where a challenge is likely, medical and witness records at the time of signing help.
Practical guidance on Wills and Succession
Describe each asset clearly, name beneficiaries and an executor, and sign before two independent witnesses. Review the will after major life events, keep the original in a safe place and tell the executor where it is.
Documents required for Wills and Succession
- Property documents
- bank and insurance details
- identity proofs of beneficiaries
- death certificate
Wills and Succession for clients living outside India
Clients living abroad can pursue or defend these claims in India through a power of attorney holder, and income or assets held overseas may also have to be disclosed to the court. Title documents and affidavits signed abroad must be attested or apostilled before they are used in Indian proceedings.
Frequently asked questions about Wills and Succession
Does a will have to be registered?
No. A will must be signed and attested by two witnesses. Registration is optional but helps with proof.
Does divorce cancel a will?
Not automatically, so wills and nominations should be reviewed after separation or divorce.
Which courts does TKM Law Associates appear in?
The chambers handle family court matters in Bangalore, Chennai, Mysuru, Tiruchirappalli, Coimbatore and Hosur, along with related High Court proceedings.
How can the chambers be contacted?
By WhatsApp on +91 94484 93313 or by email to tkmlawassociates@gmail.com. A short summary is enough for the first message, and sensitive documents should be shared only after speaking.
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