Legal Heirs News

If a husband or wife passes away, many would presume that the wealth would go to the other spouse. For example, if a husband passes away, you would think that the wife gets the assets that he’s left behind. But in reality, the wife would end up with just 25-33% of the husband’s assets. The rest would go to the kids and to his family. But if a woman passes away, her family wouldn’t get any of her assets. Here’s a full explainer on exactly what happens under inheritance laws in India, and why it’s super important to make a will to avoid leaving certain members of your family in the lurch in case of a death. Watch

If the owner is a Hindu woman, assets get passed on to her husband and children in equal proportion. If none of them are present, the property will go to the heirs of her husband

The self-acquired property shall devolve as per the Hindu Succession Act, more specifically upon his class 1 heirs, i.e., son, daughter, widow, mother, son of pre-deceased son, and so onTo rule out any dispute, you should opt for gifting of the property by a registered deed during your lifetime

As long as the Will is clear on the intention and as to the person (beneficiary) to whom the testator wanted to bequeath the property, use of a nickname of the beneficiary should not prevent the Will from taking effect

;If the owner has inherited a property through a Will or otherwise, his children are also considered legal heirs to that propertyThere is no distinction between an inherited, self-acquired property and ancestral property in case of Christians, Muslims and Parsis

Under the Hindu Succession Act 1956, legal heirs are categorised into two classes—Class I and Class II heirsThe first right on wealth is of Class I heirs and only if there is no one available in Class I, then relations under Class II can claim their rights

The transfer process is not complete with registration of documents; you need to apply for mutation too

If the death has occurred due to an accident, FIR copy and the post-mortem report must be submitted

If there is no nomination, but there’s a Will, the executor needs to get a probate from a court. Once the court approves the probate, the bank will release the assets as per the Will

Time limit prescribed to institute a suit is 12 years