SUCCESSION

Understanding Succession Laws in India

Succession in India is governed by personal law: the Hindu Succession Act 1956 (for Hindus, Sikhs, Jains, and Buddhists), the Indian Succession Act 1925 (for Christians and Parsis, and for intestate succession under the Special Marriage Act), and Muslim personal law for Muslims. These statutes determine the rights of legal heirs to inherit property when there is no will (intestate succession) or when the validity of a will is contested.
At Bhardwaj Law Solutions, we assist clients in obtaining Succession Certificates, Letters of Administration, Probate orders, and in contesting disputed wills before courts. We ensure rightful heirs are protected and estates are distributed lawfully.
Key aspects include:
  • Testamentary Succession — distribution as per a valid will
  • Intestate Succession — distribution under statute when no will exists
  • Succession Certificate — to collect debts and securities of the deceased
TYPES OF SUCCESSION

Testamentary vs Intestate Succession

Testamentary Succession

When a person dies leaving a valid, registered will, the estate is distributed according to the testator’s wishes. Executors named in the will apply for Probate before the District Court (mandatory in certain jurisdictions). Disputes over validity, undue influence, or testamentary capacity are tried by the civil court.

Key Features:

  • Probate is mandatory in Presidency towns and certain high courts’ jurisdiction
  • Will must be signed, attested by two witnesses, and testator must be of sound mind
  • Letters of Administration granted when executor cannot act
  • Contested wills tried as civil suits with full evidence
Applicable When: The deceased left a will and the executor or beneficiaries need court authority to administer the estate, or a family member is challenging the will’s validity.

Intestate Succession

When a person dies without a will, property passes to legal heirs under the applicable personal law. Under the Hindu Succession Act 1956, Class I heirs (spouse, children, mother) have preferential rights. A Succession Certificate is obtained from a District Court to enable heirs to collect debts, bank balances, and securities.

Key Features:

  • Class I heirs inherit equally before Class II heirs are considered
  • Succession Certificate covers debts, fixed deposits, and securities
  • Legal Heir Certificate from local authorities for administrative purposes
  • Mutation of property records follows succession order
Applicable When: The deceased did not leave a will and heirs need a court-issued certificate to claim property, bank deposits, insurance proceeds, or mutual funds.
WHY CHOOSE US

What Sets Us Apart

Our firm combines decades of legal experience with a modern, client-first approach. We don’t just handle cases — we build lasting relationships based on trust and results.
  • Personalized attention to every case
  • Transparent communication at every step
  • Proven track record of successful outcomes
  • Experienced team of dedicated legal professionals
  • Free initial consultation for all new clients
THE PROCESS

Step-by-Step Process

Obtaining Succession Certificate / Probate

  • Step 1 — Consultation: identify the estate assets and heirs
  • Step 2 — File petition before District Court with death certificate and family tree
  • Step 3 — Publication of notice and service to potential objectors
  • Step 4 — Hearing: court satisfies itself of heir’s entitlement
  • Final Outcome — Certificate / Probate order issued by court

Contesting a Will or Succession

  • Step 1 — Review of will, medical records, and circumstances of execution
  • Step 2 — Filing caveat or civil suit challenging the will
  • Step 3 — Discovery and examination of attesting witnesses
  • Step 4 — Trial on issues of testamentary capacity and undue influence
  • Final Outcome — Court upholds or sets aside the will
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DOCUMENTS

Required Documents

Succession matters move faster when documents are in order. We conduct a full estate audit with clients before approaching the court.
  • Death certificate of the deceased (original and certified copies)
  • Original will (if any) and copies of codicils
  • Family tree / legal heir certificate from local authorities
  • Property documents (sale deeds, title records, mutation entries)
  • Bank passbooks, fixed deposit receipts, share certificates
  • PAN card and Aadhaar of deceased and legal heirs
  • Succession / probate petition drafts (prepared by our team)
  • Any previous court orders or family settlements regarding the estate
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