Succession and Inheritance in India - Inputs on Issues

Dear Friends:

Many of us have faced challenges related to inheritance and succession. Transfer of assets (property, shares, jewellery/cash, bank accounts) from the deceased to his/her family is not easy. Due to lack of clear process/definition, it also makes room for corrupt practices.

With this post, we want all members to list the issues they have experienced/observed with Succession and Inheritance.

Once we know the issues, we will follow our structure and discuss Root Causes/Solutions through separate posts with the objective of submitting a whitepaper to the Ministry of Law and other stakeholders in the government so Inheritance and Succession becomes easier for the common Indian.

I look forward to your inputs!
Rajendra Pratap Gupta more  

View all 128 comments Below 128 comments
One should NOT get confused with law and enforcing mechanism.
[1] Every law on succession of property must be revisited and amended to norms and practices of present society.
[2] Scientific evaluation of property using GIS / GPS instruments and more rigid authentication using multiple identification instruments like AADAR, PAN,Voter identity etc apart from currently practicing methods.
[3] Law must be amended and facility should be made for declaring legally the fundamental social unit called family. AADAR card must depict core constituents of family namely husband wife and children [decedents] .succession certificate should be issued based on family certificate. more  
SUCCESSION AND INHERITANCE – HIDDEEN PROBLEMS
All the Properties, Shares, jewellary, Cash, Bank Deposits, Investment Certificates etc.,; division among the successors.
1. Obtaining Legal heir Certificate provision is made while as the Shares among the Family members and Successors in case of [ I ] Any physically or mentally disabled person [ ii ] illiterate person [ iii ] inequality in the persons like Employed ; Educated; Still under Education/Student; Married Ladies; Un-married Girls OR, aged un-married Ladies [ iv ] Widow daughter-in-law [ v ] Widow daughter dependant on this Family WAS NOT CLEARLY AND SPECIFICALLY DEFINED.
This is the Moral and also a Responsible issue of the deceased and is to be solved as he is present as other-wise, there will be no justice at all.
2. This situation if not shared , discussed , addressed with Morality and vested Mankind and responsibility, naturally will be lead to Arbitrators or even goes to Private Settlements.
Here is the entrance of CORRUPTION and no-body can do justice unless through a Court of Law.
3. There are issues where the mediators or Private Settlers managed purchasing of the concerned Persons or Properties for their Profits. Some times, there are cases where one or two successors made will-fully Mad even by Poisoning.
4. In very less and certain circumstances there were even kidnapping and even Murder with highly litigal strategies also took place .
5. The Amendment Act 2005 on Succession and inheritance providing Equal Rights even to Married Ladies from out of Paternal Properties in deed instigating certain youth of either Financial necessity or for Business enthusiasm or bent to modern luxuries and they are utilizing this as a WEAPON for getting some Cash or, guarantees/pledge of property pertaining to the Future- expected Shares of Paternal Properties of the married Women.
THIS , IN-DEED AND IN-FACT ADVERSELY EFFECTING THE MARITAL STATUS ; SOME TIMES WOMEN ATROCITIES AND EVEN AT SOME TIMES THE ISSUES ARE GOING UPTO DIVORCE FROM THE FAMILY LIFE.
6. Married Women already enjoys and inherits the Properties of her Husband and also even Father-in-law and thus there is already VESTED PROPERTY JUSTICE.
The right from out of PAternal Properties also , adds additional doubly Property right to Ladies.
IF THIS SYSTEM IS WISELY RECTIFIED , THERE WILL CERTAINLY BE PEACE AND JUSTICE IN THE SOCIETY ; IN ADDITION TO THE AUTOMATIC REDUCTION OF DOWERY AND DIVORSE ISSUES. IF THE STATISTICS OF THESE WOMEN ISSUES A DECADE AFTER 2005 TO THAT OF THE PRIPR DECADE WILL COGNIZENTLY PROVE THE FACTS OF THE ILL EFFECTS OF THIS PROPERTY AMENDMENT 2005.
THEREFORE , PLEASE HELP TO MODIFY THE LAW AND SAVE THE INDIAN MARITAL LIFE AND EVEN THE WHOLE INDIAN WOMEN KEEPING IN VIEW THE PRESENT GENERATION AND THE FUTURE GENERATION WITHOUT COMPARING WITH THAT OF THE AGED FIFTY GENERATION WHO NEVER CARE FOR SUCH PROPERTIES .
THE CLAUSE OF INCLUSION OF THE RESPONSIBILITIES OF PARENTS OVER THE LADY CHILDREN ALSO WILL NOT FIT FOR JUSTICE IF THE ABOVE IS THOUGHT OFF IN TERMS OF INDIAN FAMILY AND INDIAN MARITAL LIFE . more  
daughters cannot claim share on ancient properties those who married before 1984 in tamilnadu more  
All the dept. of our country i.e. Banks, SEBI, Companies , Post Office do not accept UNREGISTERED WILL , though Indian Succession Act does not require compulsory registration. There is a long process required for getting the shares transmitted, Locker Operation ,Withdrawl from Post Office /Banks. It is very difficult to obtain succession certificate or probate. It is a costly and time consuming affair.Though probate is not required except in presidency towns of Bombay and Madras yet it is required almost everywhere. I.T. RETURN is also not accepted by CPC for want of succession certificate/registered will.
It is suggested that unregistered wills should be accepted by all depts. They may take undertaking from other heirs about no objection for will.There should be procedural simplification/instructions.


On Monday, 12 January 2015 10:06 AM, Rajendra Pratap Gupta <support@localcirclesmail.com> wrote: more  
yes i agree with your point of concern and it is very imprtant that it
should be very simple and very fast with maximum time of one month to
tranfer the property of the deceased after his death.It should be divided
in equal ratio to all the family members if ther is no written and
registered will. The number of his family members and their names should be
attested and certified by the concerned sdm with mc/sarpanch, two members
of family and two person of neibhourhood jointly as witnesses and
confirming .If there is registered WILLl of the deceased which should also
be attested and certified by the concern sdm with mc/sarpanch, two members
of family and two person of neibhourhood as witness and confirming then it
should be applicable .
further govt should also get some tax if the amount of such transfer is of
very high value say more then tweenty lacs to each family member in whole
of his/her life so that when one get property from his parents which is
earning of his parents then govt should also get some tax so that that tax
amount is to be distributed to the poorest person of india.
Hoping for favourable action in this regard for the benefit of general
public.

ca ashwani k sharma
94170-27919
Convenor,BJP CA CELL PATHANKOT more  
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