Have you made your will yet

 Have you made your will yet?

      The demise of a property owner can lead to a legal tussle among family members in the absence of a Will.  Let’s delve into the types of successions available to you

         The transfer of immovable property after the death of its legal owner can turn into a legal mess with several complexities and a ton of paperwork.  Has he made a Will?, is the first question doing the rounds, eventually leading to a legal tussle between inheritors.  There are mainly two types of succession after the demise of an owner: intestate succession, and testamentary succession.  In this article, we will have a look at what these two types of successions entail as per the Hindu Succession Act 1956.

Types of succession

Let’s begin with the easy one, testamentary succession.  This is when a Will is prepared, and succession is followed as per the Will.

       According to section 2 (h) of the Indian Succession Act 1925, a  Will is the legal declaration of the intention of a testator concerning his property, which he desires to be carried into effect after his death.   “A Will is a legal document wherein the owner of a concerned property declares how much and to whom his/her property needs to be divided after his death.  A rightful property owner should mention all the necessary details in his Will.”

       Inheriting property through a Will is surely a hassle-free way as the owner has willed his property to you out of choice.   “There is no format for preparation of a Will.  A  Will can be typed or handwritten but needs to be attested by two or more witnesses.  The clauses of a Will should be clear and unambitious.  A Will is not required to be compulsorily registered as per the provisions of the Indian Registration Act 1908.”  However, “A registered Will is airtight and helps in case of any legal disputes like challenges to your inheritance by any heirs,“.

        If you come under the Hindu Succession Act, you can bequeath the property to any person through a Will, even if the person is not your relative.  You can also make amendments to your Will anytime.  However, the last amended  Will is considered the final one and used for execution. “For the change of title in the property, the Will has to be probated within six months of the owner’s demise.  Probate means that the Will has to be sanctioned by the court.  Interestingly, all of this is applicable if you have willed the property earned by you as it is your hard-earned property and asset. 

In the case of ancestral property, even if you will it to a certain heir, other legal heirs can challenge the same in court.”

   The second type of succession is intestate succession, which is done in the absence of a Will.

        Hindus, including Jains, Sikhs, and Buddhists are governed by the Hindu Succession Act, 1956.  Therefore, if a person belonging to any of the above religions does not leave behind a Will, the legal heirs will inherit the property according to the Hindu Succession Act, 1956.  “In case of intestate succession, the property devolves upon the class-one legal heirs.  In the event where there are no class-one legal heirs, then the property goes to class-two legal heirs in the case of Hindus, and people governed by the Hindu Succession Act 1956.”

  .    Class-one legal heirs include close relatives like spouse, children, and parents;

   .    Class-two legal heirs include grandchildren, etc.

           When it comes to the division of shares, children (sons and daughters), and spouses will have an equal share.   “If a person dies and is survived by a wife and two kids and no parents, into three parts among his kids and wife.  These three members can later divide the property with mutual consent if they wish to do so.  However, as per the Hindu Succession Act 1956, all three of them are entitled to equal parts.”  In case they want to decide the share amongst themselves, then, “A succession certificate /affidavits/No objection Certificates from legal heirs may be required depending on either religion/beneficiary/nature of the asset and/or depending on the facts and circumstances of each case”.

            Therefore, to avoid any disputes in the family after your demise, it is advised that you should get a Will prepared and registered.  It not only avoids any dispute but also ensures proper distribution of your property as per your wish.