Wills, Probate & Succession Lawyers in Delhi | Estate Planning & Inheritance
Our Services
- Will drafting & registration
- Probate application & proceedings
- Succession certificate
- Legal heir certificate
- Estate planning & disputes
Understanding Wills, Probate & Succession
A Will is a legal document that declares a person’s wishes regarding the distribution of their property after death. It ensures your assets go to the people you choose, avoiding disputes among family members.
| Term | Definition |
|---|---|
| Will | Legal declaration of how property should be distributed after death |
| Testator | Person who makes the will |
| Beneficiary | Person who receives property under the will |
| Executor | Person appointed to execute the will |
| Probate | Court process to validate a will |
| Succession | Transfer of property to legal heirs |
Legal Framework
| Religion | Governing Law |
|---|---|
| Hindu, Buddhist, Sikh, Jain | Indian Succession Act, 1925 |
| Muslim | Islamic Personal Law (Shariat) |
| Christian | Indian Succession Act, 1925 |
| Parsi | Indian Succession Act, 1925 |
Note: Muslims are not governed by the Indian Succession Act, 1925. They can dispose of their property according to Islamic Law (up to 1/3rd of property through will).
Types of Succession
Testamentary Succession (With Will)
When a person dies leaving a valid will:
| Aspect | Details |
|---|---|
| Property Distribution | As per wishes in the will |
| Executor | Named person executes the will |
| Probate | May be required for immovable property |
| Disputes | Will can be challenged |
Intestate Succession (Without Will)
When a person dies without a will:
| For Hindu Male | Share |
|---|---|
| Wife | Equal share with children |
| Sons | Equal share |
| Daughters | Equal share (after 2005 amendment) |
| Mother | Equal share |
| For Hindu Female (Self-Acquired Property) | Share |
|---|---|
| Husband | Equal share with children |
| Sons | Equal share |
| Daughters | Equal share |
Class I Legal Heirs (Hindu Succession Act)
| Relation | Entitled |
|---|---|
| Son | Yes |
| Daughter | Yes |
| Widow | Yes |
| Mother | Yes |
| Son of predeceased son | Yes |
| Daughter of predeceased son | Yes |
| Son of predeceased daughter | Yes |
| Daughter of predeceased daughter | Yes |
| Widow of predeceased son | Yes |
Our Services
1. Will Drafting & Registration
| Service | Details |
|---|---|
| Simple Will | Basic distribution of assets |
| Complex Will | Multiple beneficiaries, trusts, conditions |
| Registration | Optional but recommended |
| Witnesses | 2 witnesses required |
2. Probate Application
| Aspect | Details |
|---|---|
| When Required | For immovable property in metropolitan cities |
| Court | District Court / High Court |
| Timeline | 6 months - 2 years |
| Documents | Original will, death certificate, property documents |
3. Succession Certificate
| Purpose | Details |
|---|---|
| For | Movable property (bank accounts, shares, etc.) |
| Court | District Court |
| Timeline | 3-6 months |
| Required When | No will exists or for debts/securities |
4. Legal Heir Certificate
| Purpose | Details |
|---|---|
| For | Establishing relationship with deceased |
| Issued By | Revenue authorities / Tehsildar |
| Timeline | 15-30 days |
| Required For | Government benefits, pension, insurance |
Will Drafting Requirements
Essential Elements of a Valid Will
| Element | Requirement |
|---|---|
| Testator | Must be of sound mind |
| Age | Must be major (18+ years) |
| Free Will | No coercion, fraud, or undue influence |
| Signature | Testator must sign |
| Witnesses | 2 witnesses must sign |
| Attestation | Witnesses must see testator sign |
Documents Needed for Will Drafting
| Document | Purpose |
|---|---|
| ID Proof | Identity verification |
| Property Documents | Details of assets |
| Beneficiary Details | Names, addresses, relationships |
| Executor Details | Person to execute will |
Challenging a Will
A will can be challenged on the following grounds:
| Ground | Description |
|---|---|
| Unsound Mind | Testator was not mentally capable |
| Fraud | Will obtained by deception |
| Coercion | Will made under pressure/threat |
| Undue Influence | Manipulated by beneficiary |
| Forgery | Signature or content is forged |
| Improper Execution | Not properly witnessed/signed |
Property Transfer Methods (During Lifetime)
| Method | Description | Revocable? |
|---|---|---|
| Sale Deed | Property sold to family member | No |
| Gift Deed | Property gifted without consideration | No |
| Transfer Deed | General transfer of ownership | No |
| Will | Takes effect after death | Yes (until death) |
Important: Transfer/Gift/Sale deeds executed during lifetime are generally unchallengeable. Wills can be challenged after death.
Frequently Asked Questions
Property Rights Questions
Q: What are the rights of children on mother’s property after her death?
A: If the mother left a valid will, distribution follows the will. If there’s no will, all children (sons and daughters equally) and husband have equal rights on her self-acquired property. For ancestral property, only children inherit.
Q: Can a father give his property to only one son?
A: Yes, during his lifetime, a father can give property to anyone through sale deed, gift deed, or transfer deed - these are unchallengeable. Through a will (effective after death), he can also give to one son, but other legal heirs can challenge the will in court.
Q: Can daughters claim father’s property?
A: Yes, after the Hindu Succession (Amendment) Act, 2005, daughters have equal rights as sons in both ancestral and self-acquired property of the father.
Will-Related Questions
Q: Is will registration mandatory?
A: No, will registration is not mandatory but highly recommended. A registered will is difficult to challenge and carries more evidentiary value.
Q: Can a will be changed after registration?
A: Yes, a testator can revoke or modify their will anytime during their lifetime. The latest will supersedes all previous wills.
Q: What happens if will is not probated?
A: In metropolitan cities (Mumbai, Kolkata, Chennai, Delhi), probate is mandatory for immovable property. Without probate, property transfer may not be possible.
Succession Questions
Q: What is the difference between probate and succession certificate?
A: Probate validates a will and is for immovable property. Succession certificate is for movable property (bank accounts, shares) when there’s no will.
Q: How long does probate take?
A: Typically 6 months to 2 years, depending on court workload and whether the will is contested.
Q: Can NRIs inherit property in India?
A: Yes, NRIs can inherit property in India. They may need to appoint a power of attorney to handle legal proceedings.
Important Legal Principles
Natural Succession vs Will
| Aspect | Natural Succession | Will |
|---|---|---|
| Preference in Law | Primary | Secondary |
| Distribution | Equal among Class I heirs | As per testator’s wishes |
| Challengeable | Rarely | Yes, on various grounds |
| Court Involvement | Succession certificate | Probate required |
Note: Under Indian law, natural succession (equal distribution among legal heirs) is the primary mode. Will is an exception to natural succession.
Timeline for Various Processes
| Process | Timeline |
|---|---|
| Will Drafting | 1-3 days |
| Will Registration | 1-2 days |
| Legal Heir Certificate | 15-30 days |
| Succession Certificate | 3-6 months |
| Probate | 6 months - 2 years |
| Property Mutation | 1-3 months |
Why Choose Our Services?
- Expert Estate Lawyers with years of experience
- Comprehensive Will Drafting covering all scenarios
- Probate Expertise for smooth court proceedings
- Succession Matters handled efficiently
- Dispute Resolution for contested wills
- NRI Services with power of attorney support
Related Services
Contact Us
Our experienced estate lawyers in Delhi can help you with:
- Will Drafting: Protect your family’s future
- Probate: Court proceedings for will validation
- Succession Certificate: For bank accounts & securities
- Legal Heir Certificate: Establish inheritance rights
- Estate Disputes: Resolve family property conflicts
Plan Your Estate Today Contact us for a consultation. We’ll help you draft a comprehensive will and guide your family through succession matters, ensuring smooth transfer of assets.
Disclaimer: This information is for general guidance only. Succession laws vary based on religion and specific circumstances. Please consult with our lawyers for advice tailored to your situation.