Author: Santosh K. Pawar, Esq. Transferring assets of the Deceased, based on claimed "Will", is a legal process regulated by prescribed laws. Compliance is mandatory. There is absolutely no reason or justification for risking family harmony and relationships, when legal system exists to assist claimants (of Will) as well as all other legal heirs. All legal heirs (of the same class - surviving spouse, surviving mother, daughters, and sons) have equal share in each asse

January 26, 2022 Author: Santosh K. Pawar Inheritance is a right of every legal heir. No one has any authority to deprive any legal heir of his/her right without due process of law. Law prescribes process to transfer property, whether it is cash or Real Estate, whether transfer occurs by Sale, Gift or Inheritance. Compliance with prescribed laws is mandatory for all legal heirs, whether it is surviving spouse, sons or daughters. Assets of the Deceased must t

August 10, 2021 Santosh K. Pawar, Esq. Transferring ownership of any asset, cash or non-cash (property), requires compliance with applicable laws. There are many misconceptions for transfer when any asset is owned by the deceased. All legal heirs have equal share in every asset of the deceased. Anyone intending to deprive other legal heir(s) of his/her/their equal share, on any ground, whatsoever, must be in possession of court order. Legal heirs do have an option to mutuall

April 14, 2021 Santosh K. Pawar, Esq. "Legal Heir Agreement" also known as "Family Settlement Agreement" is a time and cost effective option for distributing inheritance in India. This option is available to legal heirs ONLY when all agree. No reason or justification is required for not opting for Distribution by Agreement and requiring Court Order for the same. WHY IS DISTRIBUTION/TRANSFER OF INHERITANCE MANDATORY Distribution/Transfer of assets of the deceased is mandatory

Transfer of inherited property, cash or non-cash, is a legal process governed by prescribed laws. Compliance with the same is mandatory. Inheritance is a legal right. No legal heir, male or female, may be deprived of the same without due process and in violation of applicable laws. Non-compliance has SEVERE civil as well as criminal consequences. All NRI’s confront similar circumstances upon losing their loved ones, not having adequate legal in

Will, Living Will and Healthcare Proxy are three essential estate and medical planning tools, which implement one's decisions about distribution of assets after death, and medical directives when one is not able to make the said vital decisions. As all three are legal documents, they must comply with established legal requirements to be implemented. The following sample documents are not legal advise or substitute for professional assistance but for informational purposes on

“Will” is not a property transfer document. It is just a legal declaration of intentions of the deceased for disposition of his/her assets after his death, which requires judicial determination to have any binding force. Whether the deceased executed legal, valid and proper legal instrument is a question of law. Its the Courts alone, that have jurisdiction to declare whether the deceased died “Intestate” (without Will), or “Testate” (without “Will”). No claimant is permitt

All NRI’s confront the situation of inheritance transfer in India. Lack of required information compels legal heirs to relinquish/abandon their rightful claim. The following blog is an attempt to provide information to all about their rights and legal process involved in transfer of inherited assets from estate of the deceased to estate beneficiaries. The process of ownership transfer of inherited assets in any country is clearly defined in laws of succession, eviden

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. d 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 proc