“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

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

"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

After losing loved ones, family members living in India as well as abroad face the daunting task of transferring the assets of the deceased to rightful owners and legal heirs. As assets cannot remain in the name of deceased, the same must be transferred at the earliest for smooth transition. When it comes to assets in any bank in the Republic of India, all banks follow the guidelines provided by Reserve Bank of India. The claimants are required to inform all banks of the dec