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.

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

The Delhi High Court, in Amit Sethi v. Lalit Sethi & Ors., has reiterated the settled legal position on intestate succession under the Hindu Succession Act, 1956 (HSA).

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

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

India Insurance

White And Brief Advocates And Solicitors

Consent Managers Are India's Next Big Opportunity: Here's The FAQ You Need

AP

AK & Partners

Dematerialised Shares And Stamp Duty: When Federal Disputes Burden Corporate India

India Commercial

CP

Corporate Professionals

Customs And GST Alert – November 2025

VA

Vaish Associates Advocates

Why India Is Emerging As The Top Choice For Global Capability Centers

India Commercial

IMC Group

RBI Opens The Doors To Bank-Funded M&A's: Boosting Domestic Acquisition Financing

India Commercial

OA

Obhan & Associates

Private Trust In India: A Step‑By‑Step Legal Guide For Asset Protection & Estate Planning

Forming a private trust is a strategic and legally secure method of protecting assets, managing wealth, and ensuring succession planning across generations.

MC

MAHESHWARI & CO. Advocates & Legal Consultants

Private Client Services

As the assets of individuals and businesses grow, so does the magnitude and complexity of the monetary risk. Tax efficiency for the wealth of individuals and families is a fusion of assets held by the family...

NP

Nexdigm Private Limited

Cracking The Code: The Rights Of Nominees Of Insurance Policies Explained

In India's complex inheritance landscape, the law and jurisprudence concerning life insurance nominations have become increasingly dissonant.

T

Trilegal

Gift, Settlement, Or Will? Supreme Court Defines The Fine Line In Property Transfers

In a landmark judgment, the Hon'ble Supreme Court of India has provided clarity on the distinctions between ‘Gift', ‘Settlement', and ‘Will' in property transfers.

SR

S.S. Rana & Co. Advocates

Will vs Gift vs Settlement – Clarity On Estate Planning Instruments

I

CMS INDUSLAW

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

Ka

Khurana and Khurana

Rights Of Women In Live-in Relationship

AG

Altacit Global

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

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

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

A gift deed is a legal document that facilitates the voluntary transfer of property from one person (the donor) to another (the donee) without any exchange of money or consideration.

India Real Estate

SR

S.S. Rana & Co. Advocates

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

With the growing complexity of wealth management and the volatile global economy, high-net-worth individuals (HNIs) need to implement thorough succession plans.

AA

Agama Law Associates

Taxation Of Family Trust - The New Dichotomy

Further, the Tribunal relied on certain judicial precedents9 to hold that interest in partnership firm is nothing but shares of a partnership firm.

I

CMS INDUSLAW

A Complex Interplay Of Family Dynamics And Inheritance Law

Property devolution and rights over a familial property vesting within a Hindu familial structure navigates through a delicate interplay between traditional practices and modern legal principles.

HA

HSA Advocates

A Tale Of Two Wills: A Legal Quagmire

SC

Singhania & Co.

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

The right to life, enshrined under Article 21 of the Indian Constitution, guarantees every individual the right to live with dignity. Over time, this provision has been interpreted...

SC

Singhania & Co.

MHCO Update | Custodians Appointed For Living Wills

Back in 2018, the Supreme Court of India brought in the concept of "Living Wills" in India by its decision in the matter of Aruna Shanbaug v Union of India.

MH

Mansukhlal Hiralal & Co.

Guide To Estate Planning For Promoters Of Listed Company

The fundamental principles of estate planning are seamless succession of assets and protection of assets from all legal & fiscal risks.

DV

Dolce Vita Advisors

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

Ancestral property has deep social, cultural and legal significance in India. It is intertwined with family inheritance traditions and rights. However, there are many nuances around the legal rights...

Century Law Firm

Surviving Member Certificate (SMC) In Delhi, India: A Comprehensive Guide

Century Law Firm

Gift Deed Executed By Senior Citizens Can Be Declared Null And Void Only If It Contains Stipulation On Maintenance By Transferee

SR

S.S. Rana & Co. Advocates

Testamentary Court Cannot Test Validity Of Will U/s 67 Of Indian Succession Act: Bombay High Court

C

Clasis Law

Inheritance Laws And Tax Implications For NRIs In India

DV

Dolce Vita Advisors

Law Of Probate Of Wills In India

VA

Vaish Associates Advocates

SC Reiterates That A Hindu Woman Must Be In Possession Of A Property In Order To Claim Rights Under Section 14 Of The Hindu Succession Act

KC

Khaitan & Co LLP

Rule Of Estoppel Vis-À-Vis Section 6(a) Of Transfer Of Property Act

India Real Estate

Ka

Khurana and Khurana

The Exclusive Jurisdiction Of Courts Regarding Wills - Scope For Arbitrationmediation Of Disputes Arising Out Of A Will

AP

Argus Partners

Karta's Power To Alienate Minor's Property: Prevailing Limitations

KC

Khaitan & Co LLP

Misdescription Of Property In A Will – Does It Render The Will Invalid?

KC

Karanjawala & Company

Power Of Attorney Is Of No Consequence If Neither Sale Deed Is Executed Nor Any Action Is Taken By Its Holder

MM

M Mulla Associates

The Effect Of Estoppel Cannot Be Warded Off By Persons Claiming Through The Person Whose Conduct Generated The Estoppel

MM

M Mulla Associates

Testatory Disposition To A Female Hindu Overrides Intestate Succession

SA

Shardul Amarchand Mangaldas & Co

Will – A Testament

YG

YNZ Group

Banks Cannot Seek Letters Of Administration From Indian Courts For A Will Already Probated By Foreign Court

L

LexOrbis

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Latest Videos

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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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