Inheritance Law of India | Estate Planning & Wills Lawyers
Law Firm in India

Inheritance – Trusts, Wills & Estate Planning

Expert Legal guidance to Secure your legacy and protect the future of your loved ones

Planning for your future is an important decision you can make today for the protection of your loved ones and to ensure your wishes are carried out. Estate and inheritance are legal matters that involve specific guidelines and procedures. Inheritance can lead to confusion and in some cases legal battles, if not managed adequately. It is important that you understand and comply with inheritance laws in India.

Estate planning, inheritance, succession, wills and trusts - we have lawyers with a strong focus on inheritance and succession law. As probate lawyers and estate planning lawyers, we assist individuals, families, executors and beneficiaries in all instances where inheritance and succession law comes to the fore.

We take a tailored approach to every matter, beginning with an assessment of the client’s assets, family circumstances and future needs to advise on the most appropriate course of action. This will be the protection of wealth and compliance with the law of inheritance in India.

Our team assists beneficiaries and executors in respect of Court Formalities and Documentation for the transfer of assets such as drafting probate petitions, procuring succession certificates, obtaining Letters of Administration and legal heir certificates. We assist Indian residents having assets abroad as well as foreign nationals who have properties and investments in India in relation to succession and cross border inheritance matters.

Our Inheritance and Succession Services

Estate Planning

Estate planning is the process of organizing and structuring assets in such a way that the transfer of those assets to beneficiaries occurs in an efficient and legally proper manner. It is essential to the protection of family wealth, the avoidance of controversy and the assurance of sufficient financial resources for beneficiaries in the years ahead.

Our team guide the client to determine their assets, create a plan and provide suggestions tailored to their personal and financial situation. A specially trained attorney will guide the client to the type of documents that need to be made in accordance with inheritance law of India.

Wondering how to protect your assets and plan for your future? Learn more about our Estate Planning services.

Trusts

Trusts are an excellent way to manage and protect your assets for the benefit of beneficiaries. They are often used for family wealth management, asset protection, and other charitable purposes and long-term financial planning.

We help the clients in establishing Private Trusts as well as Charitable Trusts by providing them with a detailed Draft of the Trust Deed, assisting in filling up the responsibility of Trustee, helping in transferring assets to the Trust along with compliance of law in respect of such Trusts.

For comprehensive and up-to-date legal advice on setting up and managing trusts, please see our Trusts services.

Will Drafting & Registration

How to make a Will in India is a common question that many individuals ask when they begin planning for the future of their assets and family. Preparing a legally valid Will is an important step in estate planning because it ensures that your property and assets are distributed according to your wishes after your death.

A properly drafted Will allows you to clearly specify how your assets should be divided among your beneficiaries. Without a valid Will, the distribution of assets will take place according to the statutory provisions of the inheritance law of India, which may not necessarily reflect your personal wishes.

Our team helps clients to prepare a valid Will that clearly sets out how particular assets will be distributed, who will act as executor and who should be provided for. Our Lawyers can also assist those who wish to revise an existing Will because of a change in family circumstances or because of some change in the ownership of property.

If you are thinking about making a Will in India and want to understand how to make a Will in India, we can assist with the preparation, drafting and registration of a valid Will. Learn more about our Will Drafting & Registration services.

Probate and Estate Administration

The probate process is the court procedure that verifies the validity of the Will and confirms the appointment of the executor, who is responsible for managing the estate. It’s essential to note that some assets must be transferred through probate, such as land and large sums of money.

We are your experienced probate attorneys. We will assist you with drafting and filing a probate petition and preparing documentation. We are here to help you in the administration of the estate, to protect your rights as a beneficiary or executor, and to carry out the wishes of the deceased as quickly and efficiently as possible.

Succession Certificates and Legal Heir Documentation

When a person dies without making a Will, his legal heirs require certificates to claim the financial assets and to manage the estate. They generally require succession certificate, legal heir certificate and letters of administration.

Our lawyers will assist you in preparing and submitting all applications and will appear before all competent authorities in order to protect your rights as stipulated in the Law of Inheritance.

Family Settlement Agreements

Disputes over property between family members are often settled through amicable negotiations, without resorting to court proceedings. A well-prepared family settlement agreement will help protect the important relationships that make up the family unit, while at the same time ensuring that the property in dispute is distributed in an equitable manner.

We help the families in negotiating, drafting and executing the mutual settlement agreements in compliance with the laws of inheritance prevailing in India.

Gift Deeds and Lifetime Asset Transfers

It’s not uncommon for people to choose to leave real estate or large sums of money to loved ones before they die, rather than listing them in their Will. Any documents created to facilitate this must be made correctly, so as not to open the door to future disputes.

Our Wills and Legacy Services (Trusts) specialist solicitors can assist in the preparation and registration of a gift deed and give advice in relation to any potential legal and financial repercussions in relation to lifetime transfers of property.

NRI Inheritance and Cross-Border Succession

Assets placed abroad and multiple heirs make inheritance matters highly complex. With the increasing number of Non-Resident Indians (NRI) and foreigners who own real estate and other assets in India, there arises the need of legal advice to know more about the law applicable to the transfer of property.

Our law firm assists a large number of international clients with respect to matters such as inheritance claims, probate, will and legacy matters including transfer of immovable assets and compliance with the inheritance law India.

Partition of Family Property

Ownership disputes arising from jointly owned property between family members are common in the family law system. Where all members of a family cannot agree on the division of jointly owned real or personal property.

Lawyers are required to look after the disputes that arise between the co-owners of a property, and therefore, they get involved in partition matters. They look after the Partition Suit and ensure that they provide suitable legal assistance so that there is no dispute in the distribution of family property.

Challenging or Defending a Will

Inheritance disputes can arise when there is a challenge to the terms of a Will. Challenges to a Will can arise where there is an argument that the Will was not properly executed or where there are arguments in relation to the validity of the Will. Often such disputes may turn on the issue of whether a person was subjected to undue influence when they signed the Will, or where there has been some sort of fraud in relation to the execution of the Will, or that at the time of signing the Will, the person signing did not have testamentary capacity.

Our legal team provides strategic advice and representation for clients who wish to challenge or defend a Will, ensuring that their rights are protected under inheritance law India.

 

Experience

Here are some of the recent inheritance and succession related matters handled by our firm, showcasing our extensive expertise.

LOA for NRI living in UK

Our NRI client sought assistance in obtaining a Letter of Administration, based on the UK courts’ probate order. Despite no-objections from legal heirs in the UK, the Indian court asked for re-service of legal heirs. After complying, with no objections raised, LOA was successfully obtained.

Transfer of Dues:

We assisted the client in transfer of dues to the Legal Heirs of the deceased (employed with the company). We also drafted all the relevant documents for the client and engaged in all the rounds of discussions for the successful conclusion of the deal.

Intestate Succession Dispute

We represented a foreign client in an intestate succession matter before Hon’ble District Court in Gujarat and concluded the matter by successfully getting the money left behind by her father (an NRI) in tune of several Crores in a bank in India.

Distribution of Assets

Dispute involved the legal heirs of a Hindu male – his two sons, daughter and widow. We filed the partition suit, identifying each heir’s share and assisted with the long mediation process to resolve the complex issues including property transfer, FDRs with banks, payment of liabilities to government and other departments, ensuring a fair allocation of shares.

Key Team Members

One of the major success of our Inheritance – Trust, Wills & Estate Planning is the skill and experience of our people who are committed in providing best legal solutions to our clients.

View All
Gautam Khurana

Gautam Khurana

Managing Partner

Gautam Khurana
Promila Dhar

Promila Dhar

Partner

Promila Dhar
Aparajita Chandra

Aparajita Chandra

Principal Associate

Aparajita Chandra
Rishu Agarwal

Rishu Agarwal

Principal Associate

Rishu Agarwal
Shubhi Sharma

Shubhi Sharma

Senior Associate

Shubhi Sharma
Shivani Sinha

Shivani Sinha

Associate

Shivani Sinha
Bharat Khurana

Bharat Khurana

Associate

Bharat Khurana
Arjun Khanna

Arjun Khanna

Associate

Arjun Khanna

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