Transferring immovable property including flats, apartments or land is a complex matter involving a great amount of paperwork, legal complexities as well as tax implications. The law of succession in relation to the property depends upon the issue, if a will has been executed by the deceased or not. Succession of property for Hindus ( including Buddhists, Jains and Sikhs) is provided in the Hindu Succession Act, 1956, while the Indian Succession Act, 1925, is applicable on the rest of the population.
Kinds of Succession-
- Intestate Succession- when succession is done in the absence of a will
- Testamentary Succession- when succession is done in accordance to the will made by the deceased.
What is Will ?
A will is an official documentation for the transfer of property, which a person wishes to make in favour of his family or friends. Mostly, property rights are transferred in favour of the legal heirs of the owner as provided by the law. However, a will can be filed so as to avoid legal complications which may arise after the death of the owner.
Succession in the absence of a will-
In case the owner of the property has not left behind any will, then in this case, the legal heirs will inherit the assets as has been provided under the Hindu Succession Act, 1956 in a prescribed order.
Rights of the children after the death of their father-
As provided by the succession laws, the son has equal rights, in a similar manner as his father on their ancestral property.
In case a person who has a separate property or some self-acquired property dies without any will, then his living wife, children and mother would have equal rights over the property.
Rights of daughters in succession-
After the year 2005, daughters have equal rights similar to the sons in the ancestral property as well.
Rights of adopted children in the succession matters-
Legal rights of inheritance over properties in case of the adopted children are similar to that of the natural born children in most cases. After a child has been adopted, he will not have any right over the property belonging to his biological family, however in case some property was acquired before the adoption of the child, such property shall remain under his/her name.
Rights of inheritance of children born in live-in relationship-
In the year 2008, the Supreme Court of India held in the case of Vidyadhari/Sukhrana Bai, children born in a live-in relationship have been provided with proper inheritance rights.
Conclusion
As could be inferred from above that the topic of inheritance is quite vast and involves various legal ins and outs. Hence, in case you face a situation where someone has fraudulently taken over the rights of your property, it is advised that you seek legal opinion from family Lawyers in Bangalore or family Lawyers in Hyderabad. If you have some doubts over the matter of succession, you should seek legal opinion from property lawyers in Bangalore.
Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to property laws including inheritance and succession and could offer you advice or assistance related to the same. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.
