Wills and Probate

Wills and Probate Service

The firm offers legal assistance to its clients in preparation of wills, settlement deeds, petition deed etc, in addition to the related litigation. The firm also helps the citizens of foreign countries having succession rights over Indian properties to claim and encash the same. Due to increased globalisation and migration of people allover India and across the world the personal laws also gets complicated. In many cases the properties are situated in multi jurisdictions and hence the legal have to adopt the law of the domiciled country inspective of the local laws of the country where they were born. The firm offers legal assistance in negotiating partition disputes, valuation of properties, registration of partition deed and related litigation.

Types of Wills and Probate Services Offered

• Preparation of Wills, settlement deeds etc.
• Probate
• Litigation in Indian Courts
• Litigation in Foreign Courts
• Succession Certificates
• Appeal cases
• Partition deed preparation

Succession Certificate

The succession cases, where the properties are situated in India, where the deceased did not domicile to any foreign country, succession procedures are governed by Hindu law, Hindu Minority and guardianship Act, Indian succession Act, Special marriage Act, Muslim Personal Law etc. In cases where the deceased has died intestate and has domiciled to some other jurisdiction other than India, then the laws of the country to which he/she domiciled to will be applicable in the succession proceedings. Indian courts recognize the probate proceedings conducted in foreign courts but it is necessary to get a succession certificate from the approximate court with regard to a movable or immovable property situated in India at the time of death to legally transfer the immovable properties and movable properties to the names of the legal heirs. Particularly the Banks require succession certificate issued by an appropriate court, if the deceased did not specify any nominee in the bank deposits, to entertain any claim from the legal heirs.

The Succession certificate is issued under S.123 of the Indian succession Act by the courts having relevant Jurisdiction. The process takes about 1 year time if all the required documents are produced along with the application. If any one of the legal heirs contests the case, then it might take more time. Moreover if properties are situated in different jurisdiction, then the court which has the jurisdiction over the major partition of the sit properties will have the jurisdiction to issue the certificate and there is no need to approach different courts.

Wills and Probate Cases

The will, if attested by two witnesses and no legal heir is objecting to the will then will it is sufficient to transfer the properties into the names of the legal heirs. But in case if the will is objected by anyone of the legal heir or even third party then it requires to be probated or the parties should take a succession certificate from an appropriate court.

Since our senior partner Mr S Ravi Sankar is a Supreme Court lawyer, the clients of the firm get the benefit of his experience and expertise.

Experience Serving Foreign Clients

Mrs. Yamunah Nachiar, Partner is an expert in handling succession cases in India and abroad. She has handled such matters for the clients from Ireland, USA, Dubai and France. The firm and its lawyers have required experience to handle such matters relating to successions allover India and across the Globe. The Firm also ensure the involvement of local lawyers in all Jurisdictions and hence the process becomes cost effective and also faster in getting the matter resolved. Since the firm has civil law experts with more than 25 years of practice experience, it endures the best possible service in India.

Litigation in Foreign Courts

The firm has tie up arrangement with lawyers from more than 100 jurisdictions and hence the Firm can effectively handle any succession related case, anywhere in the world with cost effectiveness. Since the Firm handles such cases in a foreign land through the local lawyers of that Jurisdiction the Firm is able to ensure efficient service with lesser costs.