Administration vs. Partition - Two Court Supervised Legal Options for Inheritance Transfer in India
Legal heirs, NRI’s and Resident Indians alike, must recognize that ALL financial affairs of the deceased are required to be laid to rest immediately after his/her passing away. Legal representative of the deceased is required to be appointed to pay outstanding debts and bills, file tax returns, and transfer ownership of assets of the deceased to lawful successors in accordance with law. No Transfer, no rights. Without transfer, all assets of the deceased are frozen. No lega
Inheritance Transfer-When "Will" Claimed
“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
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
Inheritance - Right or Charity?Addressing Gender-Based Inheritance Inequality in India
For centuries, Indian women have been unceasingly undervalued and silenced. A consequence of systematic tradition and societal pressure has resulted in thousands of women relinquishing their own property inheritance rights and other rights associated with gender equity within inheritance proceedings. A lack of awareness of existing laws, an insufficient understanding of legal redress options, and the overwhelming consensus that challenging gender norms will bring shame to a f
