Inheritance
In India, the Constitution outlines the rights of legal heirs after the death of a property owner. Under Law Inheritance, this is a property transfer from the deceased to the successor. A lack of knowledge about inheritance rights often causes family division; thus, it is essential to understand them.
Two ways of inheriting property are testamentary succession (through a will) and intestate succession (without a will). The Indian Succession Act of 1925 covers the testamentary succession of Hindus, allowing the property to be transferred through a will.
Religious-based personal laws, such as the Hindu Succession Act 1956 and Muslim Personal Laws (Shariat) Application Act 1937, are used without a will. Types of property that can be inherited include ancestral property, which is passed down through three or more generations, and self-acquired property, which is purchased by the deceased during their lifetime. This property can be movable or immovable.
A will is a legal document that sets out the distribution of the deceased’s assets and possessions. A competent adult of sound mind must create it and contain the name of the person/people who will benefit from the estate.
The certified copy of the will is known as probate and is proof of an heir’s authority over the property. A legal heir in India inherits property through a will or law. Hindu Law, Muslim Law, Christian Law, and Parsi Law all have provisions regarding who the legal heir is. Widows do not have rights to the ancestral property of their husbands but do have rights to their self-acquired property.
Children usually have rights to their father’s and grandfather’s property, and unmarried daughters have also had rights to the ancestral property since 2005. Grandchildren and adopted children