India: Wills/ Intestacy/ Estate Planning

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Welcome to the Mondaq Family and Matrimonial homepage, here you will find thought leadership articles, podcasts, videos and webinars providing insights covering topics such as Divorce, Family Law, Wills and Estate Planning.

A Long Overdue Reform: Repeal Of Section 213 Of The Indian Succession Act, 1925

The Indian Succession Act, 1925 ("Act"), as it stands today, is India's primary law governing inheritance and succession for Christians, Parsis, Jews, and other persons not governed by Hindu or Muslims personal law.

SR

S.S. Rana & Co. Advocates

The Role Of Family Settlements Under The Hindu Succession Act

Family settlements also known as family arrangements are agreements entered into by family members to resolve property disputes, often relating to inheritance, without resorting to litigation.

AL

Aarna Law

Breaking Tradition And End Of The Long-Standing Requirement For Obtaining Probate Of Wills - Omission Of Section 213 Of The Indian Succession Act, 1925

The right of an executor or legatee only gets established after a court of competent jurisdiction has granted probate of the will under which the right is claimed.

Solaris Legal

Omission Of Section 213 Of The Indian Succession Act, 1925: Seeking Probate Of Will Is No Longer Mandatory

The Indian Succession Act, 1925 has long governed the law relating to wills, probate, and succession in India.

Saga Legal

The Repealing And Amending Act, 2025

PL

Pioneer Legal

How To Transfer Property In Mumbai: Gift, Sale, Inheritance & Family Settlement Explained

India Real Estate

MH

Mansukhlal Hiralal & Co.

From Choice To Compliance: Regulating Live-In Relationships In India's Emerging Legal Order

IL

IndiaLaw LLP

Repeal Of Section 213 Of The Indian Succession Act – Removal Of Mandatory Probate Requirement

MH

Mansukhlal Hiralal & Co.

Probate No Longer Mandatory: Impact Of The Repealing And Amending Act, 2025 On Testamentary Succession

KC

Khaitan & Co LLP

Repeal Of Section 213 Of The Indian Succession Act, 1925 – Implications And Concerns

HA

HSA Advocates

India's Succession Framework: Why Estate Planning Matters More Than Ever

LegaLogic

Wealth Without A Will Is A Legal Vacuum

MA

Metalegal Advocates

The Complete Guide To Property Inheritance And Succession Of Flats In Mumbai

India Real Estate

MH

Mansukhlal Hiralal & Co.

Probates No Longer Compulsory

A

Acuity Law

The 2026 Legal Mandate (Video)

India Law Performance

mI

Counselect Services Pvt. Ltd.

The Supreme Court Of India's Judgement In Tiger Global: Jarring Way Ahead For India-Mauritius Tax Treaty

HA

HSA Advocates

Year In Review: 10 Indian Competition Law Judgments That Mattered

India Anti-trust

SA

Shardul Amarchand Mangaldas & Co

Cracking The Code: The New Labour Laws At A Glance

India Employment

AP

Argus Partners

Supreme Court Denies India-Mauritius Tax Treaty Benefit For Tiger Global, Rejects Grandfathering Protection Under GAAR

KC

Khaitan & Co LLP

Inheriting Property In India As A Non-Resident Indian (NRI) (Video)

In this episode, host Divya Pandey is joined by Shweta Tiwari from Indialaw LLP to discuss the legal complexities of inheriting property in India as a Non-Resident Indian (NRI).

IL

IndiaLaw LLP

Invalidity Of Marriages With Unconscious Or Deceased Persons In India: Legal Status And Complete Absence Of Property And Succession Rights

Occasionally, questions arise about whether a marriage can be solemnized with a person who is unconscious, in a coma, or deceased, often in situations of medical emergencies or unexpected death.

KS

King, Stubb & Kasiva

Understanding The Concept Of Gift Deed In India

In India, the transfer of property and assets is governed by a complex legal framework, designed to ensure clarity, prevent disputes, and protect the rights of all parties involved.

SR

S.S. Rana & Co. Advocates

Private Client Comparative Guide

Private Client Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries

DV

Dolce Vita Advisors

No Partition Rights For Grandsons While Father Is Alive, Rules Delhi High Court

IL

IndiaLaw LLP

Supreme Court Rules State Has No Locus In Probate: Valid Will Prevails Over Escheat Claims

IL

IndiaLaw LLP

Tribal Women & Inheritance: What The Rajasthan HC Said (Video)

India Government

IL

IndiaLaw LLP

Inheritance Rights Of Stepchildren In India

MC

MAHESHWARI & CO. Advocates & Legal Consultants

No Will, Now What? Understanding Intestate Succession In India (Video)

IL

IndiaLaw LLP

Locked Out Of Equality: How One Provision Of The Hindu Succession Act Bars Tribal Women

India Government

IL

IndiaLaw LLP

Litigation Update: Suspicious Circumstances Can Invalidate A Will

India Litigation

MH

Mansukhlal Hiralal & Co.

Decades-Old Property Feud Resolved: SC's Judgment On Will And Succession

IL

IndiaLaw LLP

Future-proofing Family Businesses

SW

Spencer West

The Pataudi Legacy On Trial: Saif Ali Khan, Bhopal Royal Properties, And The Enemy Property Law

IL

IndiaLaw LLP

Litigation Update: Suspicious Circumstances Can Invalidate A Will

The Hon'ble Supreme Court of India, in its judgment dated 17 July 2025 in Gurdial Singh (Deceased) through LR v. Jagir Kaur (Deceased) and Another, declared a will invalid due to suspicious circumstances surrounding its execution.

India Litigation

MH

Mansukhlal Hiralal & Co.

Decades-Old Property Feud Resolved: SC's Judgment On Will And Succession

The Supreme Court of India's pronouncement in Metpalli Lasum Bai (Since Dead) and Others Versus Metapalli Muthaiah (D) By LRs offers crucial insights into the complexities...

IL

IndiaLaw LLP

Future-proofing Family Businesses

Family businesses bolster economies, drive growth, create jobs, and shape communities. Family businesses are responsible for over 70% of global GDP and provide 60% of the world's employment...

SW

Spencer West

The Pataudi Legacy On Trial: Saif Ali Khan, Bhopal Royal Properties, And The Enemy Property Law

The long-dormant embers of a royal inheritance dispute have been reignited with renewed judicial scrutiny. In a landmark decision dated June 30, 2025...

IL

IndiaLaw LLP

The Nominee Conundrum: Legal Status, Sectoral Divergences, And The Quest For Consistency

India Insurance

White And Brief Advocates And Solicitors

Will vs Gift vs Settlement – Clarity On Estate Planning Instruments

In a significant ruling, the Supreme Court in N.P. Saseendran has clarified and ruled on the legal distinctions between three key estate planning instruments: a Will, a gift, and a settlement.

I

CMS INDUSLAW

Smriti And The Evolution Of Hindu Law: From Manusmriti To Mitakshara And Dayabhaga

As society went on to develop further, various thought paradigms for legal differentiations cropped up, each making interpretations of Smriti principles through regional customary demands.

Ka

Khurana and Khurana

Rights Of Women In Live-in Relationship

A man and a woman living together as husband and wife in a relationship without getting married is picking up its pace among youngsters especially in cities.

AG

Altacit Global

Sons And Daughters Don't Inherit Father's Self-Acquired Property By Default: SC

Clarifying the distinction between ancestral and self-acquired property in Hindu law, the Supreme Court of India has held that the mere existence of sons and daughters in a joint Hindu family...

IL

IndiaLaw LLP

Mere Registration Does Not Validate A Will

c

Counselence

Devolution Of Property Under The Hindu Succession Act, 1956

AL

Aarna Law

How To Draft A Gift Deed In India: A Step-by-Step Guide

India Real Estate

SR

S.S. Rana & Co. Advocates

Succession Planning For HNIs: Legal Strategies To Protect Family Wealth And Business Legacies

AA

Agama Law Associates

Taxation Of Family Trust - The New Dichotomy

I

CMS INDUSLAW

A Complex Interplay Of Family Dynamics And Inheritance Law

HA

HSA Advocates

A Tale Of Two Wills: A Legal Quagmire

SC

Singhania & Co.

V Shrinivasan v. Music Academy: Way Guided By The Will?

India Media & IT

Ka

Khurana and Khurana

Understanding The Concept Of Will

SR

S.S. Rana & Co. Advocates

Revoking A Will: Ensuring Your Final Wishes Are Always Up To Date

SR

S.S. Rana & Co. Advocates

Secure Your Legacy: Why Registering Your Will Matters

SR

S.S. Rana & Co. Advocates

The Right To Die With Dignity: Understanding Living Wills In India

SC

Singhania & Co.

MHCO Update | Custodians Appointed For Living Wills

MH

Mansukhlal Hiralal & Co.

Guide To Estate Planning For Promoters Of Listed Company

DV

Dolce Vita Advisors

How To Claim Your Share In Ancestral Property In India: A Comprehensive Guide

Century Law Firm

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Latest Videos

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Inheriting Property In India As A Non-Resident Indian (NRI) (Video)

IL

IndiaLaw LLP

Tribal Women & Inheritance: What The Rajasthan HC Said (Video)

IL

IndiaLaw LLP

No Will, Now What? Understanding Intestate Succession In India (Video)

IL

IndiaLaw LLP

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