India: Wills/ Intestacy/ Estate Planning

A registered Will is not automatically proof that it's genuine, the Supreme Court has clarified, reiterating that courts must look beyond registration to check whether a document truly reflects the deceased's free and voluntary wishes. The ruling comes as inheritance disputes over property, investments and family wealth are rising sharply in India.

The Court examined the limitation period applicable to applications seeking revocation of probate under Section 263 of the Indian Succession Act and the application of Article 137 of the Limitation Act.

The Supreme Court of India has delivered a landmark judgment in Chaturbhuj Pradhan v. Amar Pradhan addressing the complex intersection of DNA testing in paternity disputes with fundamental rights to privacy, personal identity, and inheritance. This ruling establishes critical legal precedents on when courts can order genetic testing to determine biological parentage and how such orders balance individual autonomy against the rights of children and families.

The governance problem in the growing succession battles begins in the boardroom of a high-performing subsidiary or the private office of a family-run holding company.

Wealth and succession planning in India is often shaped by personal law regimes that determine how property devolves upon death. For Muslim families, inheritance is governed primarily by the principles of Islamic law, as recognised under the Muslim Personal Law (Shariat) Application Act, 1937.

India's wealthiest families spend decades constructing empires of equity, real estate, and operating businesses. Yet many reach the point of succession without a valid Will. In such cases, statutory succession rules apply, with the state administering the distribution of assets according to prescribed criteria—such as religious law, familial relationship, and fixed shares, rather than individual intent, commercial considerations, or legacy planning.

On 20 December 2025, The Repealing and Amending Act, 2025 (Act) received assent of the President and was enacted into law.

The Repealing and Amending Act, 2025 ("Repeal Act") was brought into force on 21 December 2025, pursuant to which, inter alia, Section 213 of the Indian Succession Act, 1925 ("ISA") stands omitted.

In India, numerous entrepreneurs and high-net-worth individuals often view estate planning as a personal or familial concern, thereby delaying it.