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Can Childless Hindu Widow Claim Succession of Property

In common terms, succession refers to inheritance being passed down. When a person dies, succession is the next step. India’s Constitution recognizes personal laws regarding areas such as divorce, marriage, partition, adoption, succession, and intestacy, among others, in List III, Entry 5.

Succession Laws in India:

The Laws of Succession are related to the legal aspects of distributing the assets of a deceased person. This includes the progression or preference of an individual when it comes to allotting their inheritance and assets to their progeny or kin upon their demise. A corporate entity with a perpetual existence is not covered by succession laws and has a separate set of laws that relate to reorganization, closure, and winding up the business.

India’s succession laws can be broken down into two key categories. The first is where a final will and testament has been created, officiated, and enforced. The second is where a person dies without creating an official will.

What Does Intestate Succession Mean?

In some cases of untimely death, a person might not leave a will. In this situation, succession is governed and determined by intestate succession law. Therefore, the people entitled to a late person’s assets are the legal heirs of the deceased. In India, succession laws apply based on the estate of the deceased and the religion they follow. Hindus, Christians, Muslims, and Parsis all follow various succession laws. In case any of these laws must be invoked for succession, it is called intestate succession.

Implementing Intestate Succession and Succession Documentation:

A will declares the creator’s desires regarding the distribution of their estate. It details the manner in which they wish to allocate their property upon their demise. A person is declared to die intestate for the sake of any asset that they don’t cover or dispose of in their will. Alternatively, it could also be that the will’s disposition cannot take effect either regarding illegal claims or invalid bequests. Intestate succession can be either partial or complete.

If an individual dies intestate, their assets get distributed according to the mandate laid down by the Indian Succession Act. However, several complications can come up when there are multiple claims or successors, considering certain assets are more attractive and valuable than each other.

Who Can Stake a Claim?

Succession laws require relevant succession documentation. To stake a legally binding claim to an inheritance, an applicant needs a succession certification or administration letter that the court issues. A letter of administration is a powerful instrument issued by a court for the distribution of the deceased’s assets among their heirs. You can get this letter by filing petitions in either a high court or district court.

Meanwhile, a succession certification is issued to an individual who claims the authority and responsibility of securities, debts, and several movable assets. A succession certificate legally establishes the heirs of the deceased. Acquiring a succession certificate helps a concerned person receive the right of asset distribution under applicable personal laws.

When can you Attain a Succession Certificate:

A succession certificate is issued under the given circumstances or situations:

  1. When letters of administration or probate are not needed
  2. When a deceased individual is a Christian or Muslim
  3. When a deceased individual is a Hindu and leaves behind a will
  4. When a joint Hindu family and their combined property is involved

Procedure to Obtain a Succession Certificate:

  1. Go to a district court to file a petition for a succession certificate.
  2. Your petition must contain details such as the petitioner’s name, the names of each heir, and the relationship of the petitioner with the deceased, among others. Typically, you should attach a death certificate with this petition.
  3. The court will review your petitions and issue a notice to all relevant parties. It also puts out a notice in the local news for any objections anyone might have. If there are no objections during the allowed time frame, the court will pass the order to provide you with the succession certificate.
  4. In a succession certificate, the court specifies the securities and debts within the application and can authorize the certificate holder to negotiate or transfer these securities or receive dividends and interest, or both.

As an alternative to a succession certificate, you can obtain a certificate of legal heirship. This legally redefines the heirs’ relationship with the deceased. A legal heirship certificate helps with claims related to provident funds, pension plans, and other service benefits of a state or the central government. However, this certification is limited in scope and is not conclusive.

 

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