The property partition law for a joint family in India states that an ancestral property can be divided on the basis of making a family partition agreement. This is subject to the personal laws of inheritance where Hindus, Muslims, and Christians have different standings under family property division.
SUCCESSION PLANNING & PARTITION
India has a well-developed system of succession laws that governs a person’s property even after his death. The laws have provisions to allocate the property so that each person then gets his share as per his legal entitlement. The person should be a direct lineal descendant of a common ancestor to inherit the property. The division of the jointly owned property can be divided as per the laws of the state. The property laws are subject to the laws of a state and laws vary from state to state. The family property can also be divided through negotiation.
After recent amendments in the family law, now a daughter also has a share in her father’s property.
WILLS & PROBATE
It is vital to seek legal advice before signing your last Will and testament, as it is a prominent legal document of your life as well as of your loved ones. The Will provides all the essentials and necessary information details such as who will inherit your property, when and how they will inherit. A well drafted Will removes the clouds of uncertainty of distribution.
Probate is a copy of certification from the court or a competent jurisdiction that a Will can be transfer to a beneficiary of the will.
Documents Required For Probate
For probate, along with the application, you will need to submit the following documents to the court:
- A copy of Will
- Death certificate of the testator.
- A letter stating that the testator’s soundness at the time of making will.
LEGALLANDS LLP will be happy to assist you in drafting wills, requiring probate from the court, letter of administration.
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