Succession may be broadly bifurcated into intestate succession, or succession in case the deceased has not left behind a will, and testamentary succession, or succession by operation of will. In India, The Indian Succession Act, 1925, governs testamentary succession.
Among Hindus, the Hindu Succession Act, 1956, deals with intestate succession. “Hindu” includes Buddhists, Jains as well as Sikhs as per the Hindu Succession Act.
Consider a scenario where a Hindu man has inherited ancestral agricultural land in Punjab. Unfortunately for him, his grandfather, the legal owner, died without leaving behind a will. To establish ownership, he would initiate the process to obtain a legal heir certificate For this, he would need to produce essential documents, including birth certificates, marriage certificates, and other proofs of relationship along with death certificate of the deceased. The legal heir certificate is issued by the sub divisional magistrate or the tehsildar concerned where the deceased was a resident.
These documentary requirements are often subject to changes in rules, regulations and procedure in the state concerned as per departmental changes that take place from time to time.
If somebody wishes to distribute their assets among multiple heirs, what legal mechanisms and considerations should be taken into account to ensure a fair and legally binding distribution, particularly when it comes to diverse types of assets such as real estate, financial investments, and personal belongings?
—Name withheld on request
In the context of estate planning in India, a well-drafted and legally valid will is of paramount significance for ensuring the fair and legally binding distribution of assets among multiple heirs.
The Indian Succession Act, 1925, provides the legal framework for testamentary succession, outlining the requirements and procedures for creating a valid will.
For example, if an individual wishes to leave a property to their spouse and financial investments to their children, the will should explicitly outline these details. Consulting with a qualified lawyer is advisable to ensure that the will complies with Indian succession laws and covers all relevant assets.
Aditya Chopta is managing partner, and Amay Jain is senior associate, Victoriam Legalis, Advocates & Solicitors.
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Published: 16 Jan 2024, 11:25 PM IST
