Transfer of Inherited Assets in India - Part III - "Judicial Settlement" or Settlement
Precap: Part I and Part II was roadmap of transfer of inherited assets and transfer by mutual agreement. Part III of this article shall focus on court process for transfer of assets of the deceased owner. Inheritance is a legal right of all heirs, which cannot be taken away without due process of law. If heirs are unable to agree on transfer of assets, they may seek court intervention to distribute assets. “Judicial Settlement of Estate” is a process when distribution and
Transfer of Inherited Assets in India Part II- “Extrajudicial Settlement” or Settlement by Agreemen
Transfer of inherited assets would not be controversial, time consuming or complicated, if all heirs work together and accept the fact that assets of the deceased are family assets, and all heirs acquired equal joint ownership rights in the same due to their specific relationship with the deceased. It is a right given by nature. It is a right provided by laws of every nation. Why should any heir, male or female, deprive other heir of his/her inheritance or force to him/her
Roadmap of Title Transfer of Inherited Assets in India - Part 1: General Overview & Options for
"Awareness, Assertiveness, Attitude Change, and Action”, as rightly stated by Justice Leila Seth, are key elements of social progression. All legal heirs, male or female, have equal rights in inheritance. Burden of proof is on the individual/entity, who claims otherwise, and intends to take away fundamental right of any legal heir, and, not on the one, whose rights are being impacted. Familiarity, with applicable property laws as well as succession and inheritance laws, pro
