Inheritance /Estate/ Wills

A person who expires has either made a ‘will’ or died ‘intestate’.

In case a person has made a ‘will’, it should be submitted for Probate after his death.

A probate means a copy of the Will, certified under the seal of a competent Court with a grant of administration of the estate to the executor of the testator. It is the official evidence of an executor’s authority. A probate granted by a competent court is conclusive evidence of the validity of a Will until it is revoked and no evidence can be admitted to impeach it except in a proceeding to revoke the probate.

In case a person dies ‘intestate’, then all the legal heirs have to apply to a competent court for a ‘Succession Certificate’ so that his property can be devolved upon his successors

What is succession Certificate:

A succession certificate is issued by a civil court to the legal heirs of a deceased person. If a person dies without leaving a will, a succession certificate can be granted by the court to realise the debts and securities of the deceased. It establishes the authenticity of the heirs and gives them the authority to have securities and other assets transferred in their names as well as inherit debts. It is issued as per the applicable laws of inheritance on an application made by a beneficiary to a court of competent jurisdiction. A succession certificate is necessary, but not always sufficient, to release the assets of the deceased. For these, a death certificate, letter of administration and no-objection certificates will be needed. Indian courts recognize the probate proceedings conducted in foreign courts but it is necessary to get a succession certificate from the approximate court with regard to a movable or immovable property situated in India at the time of death to legally transfer the immovable properties and movable properties to the names of the legal heirs. Particularly the Banks require succession certificate issued by an appropriate court, if the deceased did not specify any nominee in the bank deposits, to entertain any claim from the legal heirs.

It is advisable to obtain Probate if the will is contested.

Some of the services includes:

• Assisting and advising in drafting the Wills as per the statutory provisions of the applicable laws.
• Applying for Succession Certificate and/or Letters of Administration at High Court.
• Cases relating to the division of the property bequeathed by the parents/grandparents
• Obtaining the Succession Certificate
• Handling the disputes related to Will or estate where the owner has died without succession planning
• Partition of the Property among legal heirs
• Cases relating to the Daughter’s Rights in the Inherited Property
• Advising the clients regarding distribution of the property among the legal heirs in accordance with the law
• Handling the disputes related to Will or estate where the owner has died without succession planning