Family

Family property — inheritance, partition, will or daughters' share

Property cases are won on paper. We'll work out how the property came to the family and which papers prove each share.

Answer a few questions and get your list →

What the law says

Shares depend on the personal law (Hindu Succession Act, Muslim personal law, Indian Succession Act), whether the property was ancestral or self-acquired, and whether there is a will. Since 2005, Hindu daughters are coparceners by birth.

General information, not legal advice.

Papers that usually help

Death certificate
Required for every inheritance step.
Family tree with all legal heirs (names, ages, alive or not)
Every claim starts with the list of heirs.
The will (original or copy), and any probate or registration details
A will can be challenged on capacity, signatures or suspicious circumstances.
Records about the testator's health and situation when the will was signed
Supports or answers a challenge.
Title deeds: sale deed, gift deed, partition deed, old family documents
Shows ancestral or self-acquired character.
Land records: record of rights, khata/khatian, 7/12, jamabandi, mutation entries
Shows who is recorded and any changes made.
Encumbrance certificate (to see if it was sold or mortgaged)
Reveals sales or loans behind your back.
Property tax and electricity bills
Supports possession and ownership claims.
Passbooks, policy and share details, nominee details, and the institution's reply
A nominee generally holds money for the legal heirs.
Any release deed or family settlement you signed
Central to whether a claim survives.
Proof of your relationship (birth certificate, school records, ID with parent's name)
Required to claim.
Papers and orders in any pending case
Avoids duplicate cases.

Questions Saboot will ask you

Whose property is it?
Did they leave a will?
Which law applies to the family?
What kind of property is involved?
How did the family get the main property?
What is the dispute?
What is your relationship to the person whose property it is?
Did you ever sign any release, relinquishment or family settlement?

Sources

Hindu Succession Act, 1956
Indian Succession Act, 1925 and Registration Act, 1908

Common situations

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