Property, Inheritance, and Will Disputes

Many clients come to me assuming they have an automatic right to their parents' home. Legally, if it is 'self-acquired' property, you don’t have an inherent right to it while they are alive. They can decide to sell it, gift it, or leave it to anyone they choose. Knowing this distinction is the first step in avoiding future family disputes and understanding where you actually stand.

When family members pass away or disputes arise, navigating the law requires a clear head. I deal with these situations daily, focusing on three core areas that often cause confusion.

Accessing Assets: The Succession Certificate

If a family member passes away without leaving a will, you cannot simply walk into a bank and claim their money. You need a Succession Certificate under Section 372 of the Indian Succession Act. The process involves filing a petition in the district court, handling a public notice period, and proving you are the legal heir. It is a procedural requirement, but it is necessary to release any movable assets like bank accounts or shares.

The Myth of the Oral Will

I frequently hear stories about 'oral wills' or deathbed declarations. In India, these hold very little weight. As per Section 63 of the Indian Succession Act, a valid will must be in writing, signed by the person making it, and witnessed by at least two people. If someone claims a verbal promise was made, it is extremely difficult to prove in court. Always ensure your wishes are documented properly to prevent your family from fighting over your legacy.

Liability in Civil and Criminal Cases

One of the most common questions I get is what happens to a court case if the person involved dies. The answer depends on the nature of the case. In a criminal matter, the case usually ends because liability cannot be transferred. However, in civil cases like property disputes or money recovery, the liability transfers to the legal heirs. This means your spouse, children, or parents may be added to the case and forced to continue the legal battle. Being aware of these rules helps in planning your legal strategy before a crisis hits.