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.

The Limitation Clock Starts With Inquiry, Not Ignorance: Supreme Court On Probate Revocation

The Supreme Court has once again highlighted that the law aids the vigilant and not those who sleep over their rights. In Dhiraj Dutta v. Anirban Sen & Ors., the Court examined whether an application seeking...

India Litigation

IL

IndiaLaw LLP

DNA Testing And Paternity Disputes: The Supreme Court Reaffirms The Balance Of Interests

In a significant ruling delivered on May 29, 2026, the Supreme Court of India in Chaturbhuj Pradhan v. Amar Pradhan & Anr. (2026 INSC 600) dismissed an appeal challenging a direction to undergo DNA...

IL

IndiaLaw LLP

No Coparcenary, No Karta: Supreme Court Rewrites The Conversation On Inherited Property

The Supreme Court’s decision in Darubai & Anr. v. Kamalabai & Ors. marks an important reaffirmation of one of the foundational principles governing succession under the Hindu Succession Act, 1956 (“HSA”)...

IL

IndiaLaw LLP

Burden Of Proof In Question: Gujarat High Court Invalidates Probate In Suspicious Will Case

The Gujarat High Court, in Harishchandra R. Pednekar v. Bhaskar R. Pednekar1, has delivered a nuanced ruling reinforcing that the validity of a Will extends beyond mere procedural compliance.

IL

IndiaLaw LLP

Succession Planning Beyond Wills: Why Most Family Business Disputes Are Structurally Inevitable

India Commercial

AA

Agama Law Associates

Succession Under Shariah Law: Implications For Wealth Structuring And Estate Planning

AP

AK & Partners

The Legal, Tax And Governance Cost Of Intestacy For India's Wealth Families

AP

AK & Partners

Where There’s A Will, There’s A Way Abroad: Succession Planning Where Indians Hold Foreign Estates

AP

AK & Partners

Karta’s Acquisitions May Be Treated As Joint Family Property Upon Proof Of Adequate Ancestral Nucleus: Supreme Court

KS

King, Stubb & Kasiva

Women And Estate Planning

AL

Aarna Law

Why Every High Net-Worth Individual Needs A Bespoke Will (Beyond Templates Form)

AL

Aarna Law

Planning To Establish A Family Trust?

DL

DSK Legal

Mutation Of Revenue Records Based On A Will: Legal Position And Practical Implications In India

KS

King, Stubb & Kasiva

A Quiet Repeal With Far-Reaching Consequences: Section 213 And The Repealing And Amending Act, 2025

I

CMS INDUSLAW

Supreme Court Holds That Admission Of Debt By A Resolution Professional Does Not Amount To Acknowledgment Of Liability Under Article 18 Of The Limitation Act, 1963 And The Time Period Of Earlier CIRP Proceedings Against A Corporate Debtor Is To Be Excluded While Computing The Limitation Period Under Article 137 Of The Limitation Act, 1963

India Insolvency

Sagus Legal

JSA Mint Leadership Dialogue – Season 2

India International

J

JSA

How Smart Business Foundations Support Sustainable Growth?

India Commercial

MH

Mansukhlal Hiralal & Co.

F&M - Dispute Resolution & ADR - Highlights 2025

India Litigation

Fox & Mandal

Group Governance Framework: An Imperative For Today

India Commercial

CP

Corporate Professionals

End Of Mandatory Probate: Repeal Of Section 213 Of The Indian Succession Act, 1925

For nearly a century, Section 213 of the Indian Succession Act, 1925 ("Succession Act") mandated that no right under a will could be legally established unless a probate or letters of administration was obtained, i.e., courts served as gatekeepers to validate the authenticity of a will before beneficiaries could claim rights.

India Commercial

J

JSA

A Long Overdue Reform: Repeal Of Section 213 Of The Indian Succession Act, 1925

The Indian Succession Act, 1925 ("Act"), as it stands today, is India's primary law governing inheritance and succession for Christians, Parsis, Jews, and other persons not governed by Hindu or Muslims personal law.

SR

S.S. Rana & Co. Advocates

The Role Of Family Settlements Under The Hindu Succession Act

Family settlements also known as family arrangements are agreements entered into by family members to resolve property disputes, often relating to inheritance, without resorting to litigation.

AL

Aarna Law

Breaking Tradition And End Of The Long-Standing Requirement For Obtaining Probate Of Wills - Omission Of Section 213 Of The Indian Succession Act, 1925

The right of an executor or legatee only gets established after a court of competent jurisdiction has granted probate of the will under which the right is claimed.

Solaris Legal

Omission Of Section 213 Of The Indian Succession Act, 1925: Seeking Probate Of Will Is No Longer Mandatory

Saga Legal

The Repealing And Amending Act, 2025

PL

Pioneer Legal

How To Transfer Property In Mumbai: Gift, Sale, Inheritance & Family Settlement Explained

India Real Estate

MH

Mansukhlal Hiralal & Co.

From Choice To Compliance: Regulating Live-In Relationships In India's Emerging Legal Order

IL

IndiaLaw LLP

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

MH

Mansukhlal Hiralal & Co.

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

KC

Khaitan & Co LLP

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

HA

HSA Advocates

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

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.

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

In Indian private wealth planning, dying without a will is often treated as a harmless omission. In reality, it creates a legal vacuum where statutory rules replace personal and emotional judgments, and courts are left to resolve what clarity could have prevented.

MA

Metalegal Advocates

The Complete Guide To Property Inheritance And Succession Of Flats In Mumbai

Understanding property inheritance in Mumbai is essential for families dealing with the transfer of flats after the death of an owner.

India Real Estate

MH

Mansukhlal Hiralal & Co.

Probates No Longer Compulsory

A

Acuity Law

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

The Supreme Court of India has reaffirmed the supremacy of testamentary succession over State claims in its recent decision in State of Rajasthan v. Ajit Singh & Ors.

IL

IndiaLaw LLP

Tribal Women & Inheritance: What The Rajasthan HC Said (Video)

In this solo episode of the Indialaw LLP Podcast, host Aditi Rana explores a recent Rajasthan High Court judgment that revisits a long-debated issue: the exclusion of Scheduled Tribes...

India Government

IL

IndiaLaw LLP

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)

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

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

Daughters As Heirs: The Supreme Court’s Firm Stand On Interlocutory Res Judicata In Partition Suits

IL

IndiaLaw LLP

Rights Of Women In Live-in Relationship

AG

Altacit Global

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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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