Civil Law

Family Inheritance

An inheritance refers to a gift, devise or bequest of property which a person may receive under the Will of a person who has died. A party may also be eligible to receive a distribution from the Estate of a person who dies intestate. Examples of property include, money, digital assets and other personal effects of belongings.

In family law proceedings, an inheritance that one party has or is likely to receive is an important consideration, particularly where the inheritance is of significant value.

Inheritance law in India!

The general law of inheritance and succession can easily be referred to The Indian Succession Act, 1925. Under this Act every Individual is entitled to inherit the property on the death of a person. Hindus, Sikhs, Jains, Buddhists and Muslims as they are governed under separate personal laws of succession. As for the persons of different faiths and religion other than Hinduism and Mohammedan, the Indian succession Act, 1925 applies.

The Hindu Succession Act, 1956 governs the Hindus, Sikhs, Jains, and Buddhists for the non-testamentary or intestate succession/inheritance.

Inheritance and Succession, Rights of Women and Daughters under Personal Laws!

Laws of succession applicable to Hindus, Sikhs, Jains and Buddhist; for the non-testamentary or intestate succession/inheritance, the governing law is the Hindu Succession Act, 1956.

Laws of succession governing Muslims; for non-testamentary succession the The Muslim Personal Law (Shariat) Application Act, 1937 is applicable and where a muslim has died testate, the issue has to be governed under the Indian Succession Act, 1925 where a Will relates to immovable property situate within the State of West Bengal, and that of Madras and Mumbai Jurisdiction.

If you require any advice or assistance with respect to an inheritance in your family law matter, please be in contact with our family law team who will be more than happy to assist you.

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