11. Succession & Procedure including Litigation
Inheritance
Hindu Law (As per Hindu Succession Act 1956)
Classes of succession
Male (Section 8)
Heirs in Class I
Heirs in Class II
Female (Section 15)
Heirs in Class I
Heirs in Class II
Hindu Succession Act Amendment in 2005
12. Succession & Procedure including Litigation
Testamentary Succession
Intestate Succession
When Indian laws on succession are applicable
Movable Property
Immovable Property
Laws of intestate succession differ according to
religion and marriage
13. Succession & Procedure including Litigation
Laws of intestate succession
Differ according to religion and marriage
Hindu Law - As per Hindu Succession Act 1956)
Christian Laws - As per Indian Succession Act, 1925 + Portuguese Civil Code 1867 for
Goa, Daman and Diu + French Civil Code 1804 in Pondicherry + Other Customary /
Local Laws)
Parsi Succession - Special Rules for U/s. 50-56 of ISA, 1925.
Muslim Personal Law
For marriages registered under the provisions of the Special Marriage Act, 1954. No
effect if both parties are Hindu.
Anybody who is not covered under any other laws is by default subject to ISA, 1925.
Note - ISA, 1925 – Indian Succession Act 1925
14. Succession & Procedure including Litigation
Division and Transfer of Property Upon Succession
- Governed by these Instruments in Descending
Order of Value
Probate
Letters of Administration
Succession Certificate
Heirship Certificate
Survivorship Certificate
15. Succession & Procedure including Litigation
Letters of Administration - LoA
Who can be appointed as “Administrator”
Who cannot be appointed as “Administrator”
Rights of Administrator
Where to apply
Procedure for grant of LoA
Time Period
Validity of LoA
16. Succession & Procedure including Litigation
Succession Certificate
Heirship Certificate
Litigation & Procedure for grant of LOA
Transmission of instrument of succession
Transmission of shares by NCLT
Testamentary Proceedings in relation to Mumbai
19. Will & Nomination
Who can make a Will
Who can be Legatee under a Will
Legacy to Executor
Invalid Bequests
How to Prepare a Will
20. Will & Nomination
Outline for Drafting a will
Name and address of the testator
Voluntarily and in sound disposing state of mind.
Necessity or urgency, if any for execution of the Will
Enumeration of testator’s relatives who would be entitled to his properties
Details of procedure of making bequests
Use of clear and unambiguous language
Avoidance of conflict with rule of law
Appointment of Executor
Schedule of properties bequeathed
Attestation of Will by atleast two witnesses
Provisions relating to bequest and trusts created by the Will should be complete
Interest conveyed by Will should be clearly defined.
21. Will & Nomination
Precautions in Drafting a Will
Prepare a list of all assets and property
Make a realistic appraisal of your net estate available
Will should be drafted in the language best understood by the Testator
If Testator is illiterate, the Will should be executed in a language which the testator can
comprehend.
In case of illiterate testator, the attesting witness or third person should read out the Will
to the testator
Where the Will is executed by a person who does not orally comprehend the language
The Will should be drafted in a simple language and should be clear and unambiguous.
Unusual characters of the Will should be explained and clarified in the main body of the
Will itself.
Execute only a single copy of the Will so as to avoid confusion and disputes at future date.
22. Will & Nomination
Probate
Letters of administration
Administration of assets of deceased
Effect of Letters of administration
Acts not validated by Administration
23. Will & Nomination
Nomination by Members
Societies – Under Maharashtra Cooperative Societies Act
Bank Accounts –
Shares of Companies – Physical/Demat
Bank Lockers
Fixed Deposits
24. Will & Nomination
Laws of Inheritance
Nomination by Members
Privileged Wills
Validity of conditional gift
Can conditional gift can be revoked
Presumption of Death.
