Inheritance disputes are common in India, often because families misunderstand how wills and succession laws operate. Many assume that property automatically passes to family members regardless of legal documentation, which is not always true.
What Is a Will?
A will is a legal document where a person declares how their property should be distributed after death. It takes effect only after the testator’s death.
Key features of a will:
• Can be changed anytime during lifetime
• Takes priority over succession law
• Applies only to the property mentioned
What Is Succession Law?
Succession law governs property distribution when no valid will exists. In India, succession laws depend on religion:
• Hindu Succession Act
• Indian Succession Act
• Muslim personal law
When Does a Will Override Succession Law?
If a valid will exists:
• Property is distributed as per the will
• Legal heirs under succession law may not inherit
• Courts prioritize the will unless challenged
When Does Succession Law Apply Automatically?
Succession law applies when:
• No will exists
• Will is invalid
• Will does not cover all properties
In such cases, property is distributed among legal heirs as per statute.
Can a Will Be Challenged?
Yes. A will may be challenged on grounds of:
• Lack of mental capacity
• Undue influence
• Fraud or coercion
• Improper execution
Until resolved, courts may apply succession rules temporarily.
Common Misconceptions
• Nominee equals owner (false)
• Eldest child inherits everything (false)
• Oral wills are valid (rarely)
Importance of Legal Clarity
Unclear inheritance planning leads to long-term disputes and litigation among family members.
How Online Legal Advice Helps
Online consultation helps determine whether a will or succession law applies and how inheritance can be claimed legally.
Conclusion
Wills and succession laws serve different purposes. Knowing which applies prevents disputes and ensures lawful inheritance.