Wills, Probates & Trust
Wills, Probates & Trust
The law of wills in India is contained in different statutes besides the personal law of the people depending on their religion.
There is significant divergence in the succession rules in the personal laws as well as under the Indian Succession Act, 1925 and the Hindu Succession Act, 1956 (governing succession among Hindus).
Further the Indian Succession Act is also the procedural law governing the probates of wills and the grant of letters of administration.
Wills bequeathing immovable properties located in certain cities of India must compulsorily be probated by the beneficiaries, otherwise, they cannot be acted upon. Most of the Wills are challenged in India by the excluded legal heirs and end up in a protracted long drawn legal battle before the courts.
When a person dies without executing a Will, it becomes necessary for the legal heirs to approach a court of law to obtain a succession certificate which, when granted, entitles them to stake a claim to the movable properties of the deceased person such as bank balances,
Other Practice Areas:
fixed deposits, provident fund and terminal benefits, jewellery and ornaments contained in a bank locker, moneys due under insurance policies and shares.
We advise on all aspects of law relating to wills and probates.
Services include:
- Seeking Probate of Wills
- Obtaining Succession Certificates
- Obtaining Letters of Administration
- Filing of Caveats to oppose grant of probate
- Legal Representation before courts
- Drafting and Execution of Wills
- Creation of Private Trusts
- Estate Planning
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