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.

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

The Lok Sabha and the Rajya Sabha have recently passed the Repealing and Amending Bill, 2025 ("Bill"), which abolishes several obsolete enactments and amends specific exis ng laws. Among the most consequen al amendments is the omission of Sec on 213 of the Indian Succession Act, 1925 ("Succession Act").

MH

Mansukhlal Hiralal & Co.

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

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

KC

Khaitan & Co LLP

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

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.

HA

HSA Advocates

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

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

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

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

IL

IndiaLaw LLP

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

KS

King, Stubb & Kasiva

Understanding The Concept Of Gift Deed In India

SR

S.S. Rana & Co. Advocates

Private Client Comparative Guide

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

RBI Issues Revised Guidelines For Wholly Owned Subsidiaries (WOS) Of Foreign Banks – 2025

KS

King, Stubb & Kasiva

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

India Commercial

CP

Corporate Professionals

Exploring The DPIIT's Working Paper On Generative AI And Copyright

I

Ikigai Law

Impetus To GCCs In India: Rajasthan Releases Its GCC Policy

India Employment

KC

Khaitan & Co LLP

Comparative Framework: How The New Labour Codes Differ From 29 Old Labour Laws

India Employment

LP

Legitpro Law

Inheritance Rights Of Stepchildren In India

Inheritance is a legal process of bequeathing of property to the legal heirs of the person. The term "legal heirs" has a very wide ambit.

MC

MAHESHWARI & CO. Advocates & Legal Consultants

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

What happens when there's no will? In this episode of Legal Podcasts powered by IndiaLaw LLP, host Riddhi Agarwal sits down with Darshana Velani to decode the basics of intestate succession in India.

IL

IndiaLaw LLP

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

Equality is India's most celebrated yet one of the most broken constitutional promises. In a case before the Rajasthan High Court – Manni Devi v. Rama Devi & Ors., the Court reviewed a provision of the Hindu Succession Act, 1956 ("HSA")...

India Government

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

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

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

MC

MAHESHWARI & CO. Advocates & Legal Consultants

Private Client Services

NP

Nexdigm Private Limited

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

T

Trilegal

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

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

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

AG

Altacit Global

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

The ongoing legal dispute within the Kalyani family revolves around the estate of their late mother, Ms. Sulochana Kalyani, and two conflicting Wills. Her assets are divided among her three children...

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

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

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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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