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

Se ptember 02, 2021 Santosh K. Pawar, Esq. Partition/Transfer of assets left behind by the Deceased is not an option but legal necessity, Hence, transfer process must begin with assistance of experienced legal professional at the earliest possible moment to avoid civil, criminal and tax consequences. No successor acquires any ownership rights in any asset of the deceased till ownership transfers. W hat all legal heir must know, is that by operation law, upon demis

Distribution of assets of the deceased, which become part of his/her estate on the date of his/her death, is a crucial legal step. Successors become owners only after assets are lawfully transferred. Executor of valid and duly executed “Will” OR Administrator of the Estate of the Deceased, both have fiduciary duty towards the deceased as well as legal heirs. The task of distribution is assigned to duly appointed Executor/Administrator of the deceased. Su

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 f

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” 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