family
Inheritance / Will Dispute
There is a dispute over the will of a deceased family member, or you are being denied your rightful share in ancestral or inherited property.
- 01Obtain a copy of the will (if one exists) from the family or court
- 02Identify all legal heirs as per the applicable succession law
- 03Apply for a legal heir certificate from the Tehsildar or court
- 04If will is disputed — file a probate petition or will contest in court
- 05Get a succession certificate from the court for bank accounts and investments
- 06Do NOT allow any one heir to unilaterally sell or transfer the property
- 07Consult a lawyer to understand your exact share under the law
- Copy of the will (if available)
- Death certificate of the deceased
- Property documents in the name of the deceased
- Family tree and list of legal heirs
- Bank account and investment details of the deceased
- Evidence of undue influence or forgery (if challenging the will)
- Previous partition deeds or family settlement agreements
- Probate petition / succession petition
- Death certificate
- Copy of will (if available)
- Legal heir certificate
- Property documents
- Family tree affidavit
- Civil Court — Probate petition / will contest suit
- District Court — Succession certificate application
- Tehsildar Office — Legal heir certificate
- Revenue Court — For mutation of property records
- High Court — For appeals against lower court decisions
- Mediation Centre — For family settlement
- Hindu Succession Act — Section 6 (Coparcenary property — equal rights to daughters)
- Hindu Succession Act — Section 8 (General rules of succession — Class I heirs)
- Indian Succession Act — Section 63 (Requirements for a valid will)
- Transfer of Property Act — Section 122 (Gift of property)
- Limitation Act — Time limits for filing succession cases
Inheritance laws in India vary by religion. Hindus are governed by the Hindu Succession Act, where both sons and daughters have equal rights in ancestral property (after the 2005 amendment). Wills can be challenged on grounds of forgery, undue influence, or unsound mind of the testator. Probate of will is mandatory in certain states. Intestate succession (when there is no will) follows the specific succession law based on religion.
When to see a lawyer
Consult a lawyer experienced in succession law. Inheritance disputes involve complex laws varying by religion and state. A lawyer can help determine your rightful share and file appropriate legal proceedings.