India: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

Private Client Comparative Guide

Private Client Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries

DV

Dolce Vita Advisors

No Partition Rights For Grandsons While Father Is Alive, Rules Delhi High Court

The Delhi High Court, in Amit Sethi v. Lalit Sethi & Ors., has reiterated the settled legal position on intestate succession under the Hindu Succession Act, 1956 (HSA).

IL

IndiaLaw LLP

Supreme Court Rules State Has No Locus In Probate: Valid Will Prevails Over Escheat Claims

The Supreme Court of India has reaffirmed the supremacy of testamentary succession over State claims in its recent decision in State of Rajasthan v. Ajit Singh & Ors.

IL

IndiaLaw LLP

Tribal Women & Inheritance: What The Rajasthan HC Said (Video)

In this solo episode of the Indialaw LLP Podcast, host Aditi Rana explores a recent Rajasthan High Court judgment that revisits a long-debated issue: the exclusion of Scheduled Tribes...

India Government

IL

IndiaLaw LLP

Inheritance Rights Of Stepchildren In India

MC

MAHESHWARI & CO. Advocates & Legal Consultants

No Will, Now What? Understanding Intestate Succession In India (Video)

IL

IndiaLaw LLP

Locked Out Of Equality: How One Provision Of The Hindu Succession Act Bars Tribal Women

India Government

IL

IndiaLaw LLP

Litigation Update: Suspicious Circumstances Can Invalidate A Will

India Litigation

MH

Mansukhlal Hiralal & Co.

Decades-Old Property Feud Resolved: SC's Judgment On Will And Succession

IL

IndiaLaw LLP

Future-proofing Family Businesses

SW

Spencer West

The Pataudi Legacy On Trial: Saif Ali Khan, Bhopal Royal Properties, And The Enemy Property Law

IL

IndiaLaw LLP

The Nominee Conundrum: Legal Status, Sectoral Divergences, And The Quest For Consistency

India Insurance

White And Brief Advocates And Solicitors

Private Trust In India: A Step‑By‑Step Legal Guide For Asset Protection & Estate Planning

MC

MAHESHWARI & CO. Advocates & Legal Consultants

Private Client Services

NP

Nexdigm Private Limited

Reinforcing The Sanctity Of Cheques: The Supreme Court's Clarification In Sanjabij Tari v. Kishore S. Borcar

LP

Legitpro Law

Alternative Investment Funds Comparative Guide

AP

AZB & Partners

India's New Gaming Law Transforms Landscape

India Media & IT

RS

Remfry & Sagar

RBI's Proposed External Commercial Borrowing Framework 2025: Legal Implications And Opportunities For Indian Borrowers

India Commercial

VP

Vritti Law Partners

RBI Update | ECB Framework Liberalization And M&A Financing Proposals

MH

Mansukhlal Hiralal & Co.

Cracking The Code: The Rights Of Nominees Of Insurance Policies Explained

In India's complex inheritance landscape, the law and jurisprudence concerning life insurance nominations have become increasingly dissonant.

T

Trilegal

Gift, Settlement, Or Will? Supreme Court Defines The Fine Line In Property Transfers

In a landmark judgment, the Hon'ble Supreme Court of India has provided clarity on the distinctions between ‘Gift', ‘Settlement', and ‘Will' in property transfers.

SR

S.S. Rana & Co. Advocates

Will vs Gift vs Settlement – Clarity On Estate Planning Instruments

In a significant ruling, the Supreme Court in N.P. Saseendran has clarified and ruled on the legal distinctions between three key estate planning instruments: a Will, a gift, and a settlement.

I

CMS INDUSLAW

Smriti And The Evolution Of Hindu Law: From Manusmriti To Mitakshara And Dayabhaga

As society went on to develop further, various thought paradigms for legal differentiations cropped up, each making interpretations of Smriti principles through regional customary demands.

Ka

Khurana and Khurana

Rights Of Women In Live-in Relationship

AG

Altacit Global

Sons And Daughters Don't Inherit Father's Self-Acquired Property By Default: SC

IL

IndiaLaw LLP

Mere Registration Does Not Validate A Will

c

Counselence

Devolution Of Property Under The Hindu Succession Act, 1956

AL

Aarna Law

How To Draft A Gift Deed In India: A Step-by-Step Guide

India Real Estate

SR

S.S. Rana & Co. Advocates

Succession Planning For HNIs: Legal Strategies To Protect Family Wealth And Business Legacies

AA

Agama Law Associates

Taxation Of Family Trust - The New Dichotomy

I

CMS INDUSLAW

A Complex Interplay Of Family Dynamics And Inheritance Law

HA

HSA Advocates

A Tale Of Two Wills: A Legal Quagmire

SC

Singhania & Co.

V Shrinivasan v. Music Academy: Way Guided By The Will?

India Media & IT

Ka

Khurana and Khurana

Taxation Of Family Trust - The New Dichotomy

Further, the Tribunal relied on certain judicial precedents9 to hold that interest in partnership firm is nothing but shares of a partnership firm.

I

CMS INDUSLAW

A Complex Interplay Of Family Dynamics And Inheritance Law

Property devolution and rights over a familial property vesting within a Hindu familial structure navigates through a delicate interplay between traditional practices and modern legal principles.

HA

HSA Advocates

A Tale Of Two Wills: A Legal Quagmire

The ongoing legal dispute within the Kalyani family revolves around the estate of their late mother, Ms. Sulochana Kalyani, and two conflicting Wills. Her assets are divided among her three children...

SC

Singhania & Co.

V Shrinivasan v. Music Academy: Way Guided By The Will?

Madurai Shanmukhavadivu Subbulakshmi is a name of great repute in the Carnatic Music. Golden legacy was left behind by the legendary singer who is still remembered for her brilliant work.

India Media & IT

Ka

Khurana and Khurana

Understanding The Concept Of Will

SR

S.S. Rana & Co. Advocates

Guide To Estate Planning For Promoters Of Listed Company

The fundamental principles of estate planning are seamless succession of assets and protection of assets from all legal & fiscal risks.

DV

Dolce Vita Advisors

How To Claim Your Share In Ancestral Property In India: A Comprehensive Guide

Ancestral property has deep social, cultural and legal significance in India. It is intertwined with family inheritance traditions and rights. However, there are many nuances around the legal rights...

Century Law Firm

Surviving Member Certificate (SMC) In Delhi, India: A Comprehensive Guide

A Surviving Member Certificate (SMC) is a crucial legal document issued by the government authorities, specifically by the Office of the Sub-Divisional Magistrate in Delhi.

Century Law Firm

Gift Deed Executed By Senior Citizens Can Be Declared Null And Void Only If It Contains Stipulation On Maintenance By Transferee

A Gift Deed is a legal document that helps in voluntary transfer the ownership of a movable or immovable property from one person to another without any consideration.

SR

S.S. Rana & Co. Advocates

Testamentary Court Cannot Test Validity Of Will U/s 67 Of Indian Succession Act: Bombay High Court

C

Clasis Law

Inheritance Laws And Tax Implications For NRIs In India

DV

Dolce Vita Advisors

Law Of Probate Of Wills In India

VA

Vaish Associates Advocates

SC Reiterates That A Hindu Woman Must Be In Possession Of A Property In Order To Claim Rights Under Section 14 Of The Hindu Succession Act

KC

Khaitan & Co LLP

Rule Of Estoppel Vis-À-Vis Section 6(a) Of Transfer Of Property Act

India Real Estate

Ka

Khurana and Khurana

The Exclusive Jurisdiction Of Courts Regarding Wills - Scope For Arbitrationmediation Of Disputes Arising Out Of A Will

AP

Argus Partners

Karta's Power To Alienate Minor's Property: Prevailing Limitations

KC

Khaitan & Co LLP

Misdescription Of Property In A Will – Does It Render The Will Invalid?

KC

Karanjawala & Company

Power Of Attorney Is Of No Consequence If Neither Sale Deed Is Executed Nor Any Action Is Taken By Its Holder

MM

M Mulla Associates

The Effect Of Estoppel Cannot Be Warded Off By Persons Claiming Through The Person Whose Conduct Generated The Estoppel

MM

M Mulla Associates

Testatory Disposition To A Female Hindu Overrides Intestate Succession

SA

Shardul Amarchand Mangaldas & Co

Will – A Testament

YG

YNZ Group

Banks Cannot Seek Letters Of Administration From Indian Courts For A Will Already Probated By Foreign Court

L

LexOrbis

Thought Leadership Paper: Shortcomings And Evolution Of Hindu Succession Act, 1956

SA

Shardul Amarchand Mangaldas & Co

Wills In India- Inheritance Laws In India For Wills

KS

King, Stubb & Kasiva

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Latest Videos

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Tribal Women & Inheritance: What The Rajasthan HC Said (Video)

IL

IndiaLaw LLP

No Will, Now What? Understanding Intestate Succession In India (Video)

IL

IndiaLaw LLP

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