Legal Requirements for Inheriting After Parents' Death in India
The legal requirements to claim your inheritance after your parents' death in India depend on whether your parents left a will or not.
If there is a will
If your parents left a will, the process of claiming your inheritance is relatively straightforward. The executor of the will will be responsible for administering the estate and distributing the assets to the beneficiaries named in the will. You will need to provide the executor with a copy of your death certificate and any other relevant documents.
If there is no will
If your parents did not leave a will, the process of claiming your inheritance is more complex. The intestacy laws will determine who is entitled to inherit the estate. The intestacy laws vary depending on the religion of the deceased. For Hindus, the Hindu Succession Act, 1956 governs the distribution of property. Under this act, the legal heirs are the spouse, children, parents, and siblings. The property is divided equally among the legal heirs.
To claim your inheritance if there is no will, you will need to apply for a succession certificate. A succession certificate is a legal document that establishes your right to inherit the property of the deceased. You can apply for a succession certificate from the court of the district where the deceased resided at the time of their death.
Documents required to claim inheritance
The following documents are generally required to claim inheritance in India:
- Death certificate of the deceased
- Succession certificate (if there is no will)
- Proof of relationship to the deceased (e.g., birth certificate, marriage certificate)
- Proof of identity and address (e.g., passport, Aadhaar card)
- Copies of property documents (e.g., sale deed, title deed)