Estate and Property Inheritance Solutions
we provide expert guidance and legal services for property inheritance matters in India. Navigating the complexities of property inheritance can be a daunting task, especially in a country with diverse laws and multiple inheritance traditions. Our team of skilled legal professionals is dedicated to helping clients smoothly and efficiently transfer property ownership, ensuring that their rights are protected and their inheritance is secure.​
What is Property Inheritance Law in India?
In India, property inheritance laws are governed by personal laws and the Indian Succession Act, depending on the religious affiliation of the deceased. These laws outline the succession process when a person passes away, either with or without a will.
Personal Inheritance Laws with Religious/Dutiful Undertones
Personal inheritance laws apply when a person dies without leaving a will (intestate succession). The two main sources of personal laws in India are:
Hindu Succession Act, 1956: This applies to Hindus, Buddhists, Jains, and Sikhs. It governs both the inheritance of self-acquired and ancestral property.
Muslim Personal Laws (Shariat) Application Act: This applies to Muslims and dictates the rules for succession under Islamic law.
Indian Succession Act, 1925
The Indian Succession Act, 1925 applies to testamentary succession, i.e., when a person dies leaving behind a will. Under this act, a person can bequeath their property or assets to anyone they choose, as per their will. The individual who creates the will is called the "testator," while the recipient of the property is the legatee."
Two Ways to Inherit Property in India
1. By Will: A will, or testament, under the Indian Succession Act, 1925, is a legal declaration where the testator specifies how their property should be distributed upon their death. The recipient of the property is known as the legatee.
2. Through Intestate Succession: If a person dies without making a will, their property will be distributed among their legal heirs according to the rules of intestate succession defined under personal laws.
Types of Property That Can Be Inherited
1. Self-Acquired Property:
This includes property or assets acquired by the deceased during their lifetime through purchase, inheritance, or any other means.
2. Ancestral Property:
Ancestral property is defined as property passed down through at least three generations. This includes family-owned properties or assets that are inherited from the deceased’s ancestors.
3. Movable and Immovable Property:
Immovable Property: These are properties that are fixed to land or buildings, such as real estate. Movable Property: These include assets like vehicles, jewelry, and other personal belongings that can be relocated.