Expertise
Succession & Inheritance
The Chambers provides sensitive and comprehensive legal services in family law matters, including divorce proceedings, child custody, matrimonial disputes, and succession planning. We have appeared before the Supreme Court in matters involving irretrievable breakdown of marriage under Article 142 of the Constitution. We also represent parties in probate petitions and provide services relating to drafting of wills and other testamentary instruments.
Our practice encompasses inheritance disputes, will contests, property settlements, and family business succession.
Common Questions
Why is succession law important?
Succession law is important because it legally governs the distribution of a person's assets after death, either through a Will (testamentary succession) or specific rules when no Will exists (intestate succession). This ensures the protection of heirs' rights, promotes family harmony, and minimizes potential property disputes (Indian Succession Act, 1925).
What are the main types of succession in India?
It depends. The main types of succession in India are generally classified by the religion of the deceased who dies without a Will (intestate). These include the Hindu Succession Act, 1956, the Indian Succession Act, 1925 (governing Christians and others), and Muslim personal law for Muslims
What is intestate succession?
Intestate succession is the legal process by which the property of a person who dies without leaving a valid Will is distributed among their surviving family members (legal heirs) according to the personal laws applicable to their religion, such as the Hindu Succession Act, 1956. (The Hindu Succession Act, 1956)
What is testamentary succession?
It is the process of inheriting property as directed by a valid Will made by the deceased person, ensuring the distribution of assets according to their instructions rather than the general rules of intestate succession (Section 5, Indian Succession Act, 1925).
What is a Will under Indian law?
A Will is a legal declaration of a person's intention concerning their assets and property, specifying how these shall be treated and distributed after their death, and remains revocable during their lifetime (Indian Succession Act, 1925, Section 2(h)).