India: Wills/ Intestacy/ Estate Planning

The Supreme Court has clarified how property registered in the joint names of two wives of a common husband should be treated for succession purposes under the Indian Succession Act, 1925. In a case involving a 1959 property purchase where the husband provided consideration but registered the land in his two wives' names, the Court held that the property vested in the wives themselves, not the husband. The judgment demonstrates how Sections 33, 35 and 38 of the Act must be applied sequentially and separatel

India's wealthiest families spend decades constructing empires of equity, real estate, and operating businesses. Yet many reach the point of succession without a valid Will. In such cases, statutory succession rules apply, with the state administering the distribution of assets according to prescribed criteria—such as religious law, familial relationship, and fixed shares, rather than individual intent, commercial considerations, or legacy planning.

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