Wills, succession and legal heir: lawyer in Bangalore

Two kinds of work: before and after

Some people come to us to plan. They want to write a will so their children do not fight later, or they want to settle who gets which house while everyone is still on speaking terms. Others come after a parent or spouse has died, holding a death certificate and a list of offices that each want a different paper.

Both are handled here. The aim in each case is the same: the right document, accepted by the office or bank that needs it, without the family ending up in court.

A will can be changed or revoked at any time during the maker's life.

Writing a will (ಉಯಿಲು)

A will has to be in writing, signed by the person making it, and attested by two witnesses. It does not have to be on stamp paper, and registration is optional. A registered will is harder to challenge, though, because the sub-registrar records who appeared and when.

We take instructions from you in private, draft the will in plain language, describe the properties so they can be identified, and arrange the signing and witnesses. Where it helps, we also arrange registration at the sub-registrar office. See will registration in Bengaluru for the steps.

Things that often cause trouble later, and that we ask about:

• property that is joint family or ancestral, which you may not be free to give away by will
• a nominee in a bank or share account who is different from the person you want to inherit
• who will act as executor
• a doctor’s note on mental fitness when the person making the will is elderly or unwell

Legal heir certificate

In Karnataka, a legal heir certificate (also called a family tree or surviving family member certificate) is issued by the revenue department through the Tahsildar’s office, and can be applied for through the Nadakacheri system. It lists the surviving family members. Banks, pension offices, the khata office and electricity and water boards often ask for it. Read legal heir certificate in Bengaluru.

Succession certificate and probate

These two are court documents, and people mix them up with the legal heir certificate all the time.

• A succession certificate is granted by a civil court under the Indian Succession Act, 1925, when there is no will. It lets heirs collect debts and securities of the person who died, such as bank deposits, shares and dues owed to them.
• Probate is a court’s certificate that a will is genuine and that the executor can act on it. Probate is not compulsory for a will made in Bengaluru, but a bank, a housing society or a buyer may still ask for it when the will is challenged or the amount is large.

Which one you need depends on whether there is a will, what the asset is and what the bank or office is asking for. Our article on succession certificate vs legal heir certificate vs probate sets out the differences in a table.

Moving property and bank accounts to the heirs

After the certificates come the transfers:

• Khata transfer to the heirs or the person named in the will. See khata transfer in Bengaluru.
• Updating the RTC (pahani) for agricultural land
• Claims with banks, insurers and mutual funds, where a nominee may hold the money for the heirs but is not always the owner of it
• Transfer of a flat in an apartment society

Family settlement and partition

When several heirs share a property, the clean way out is often a written family settlement or a partition deed, registered at the sub-registrar office, followed by khata transfer in each person’s name. When the family cannot agree, a partition suit in the civil court is the remedy. Daughters have the same share as sons in Hindu joint family property. See partition suits in Karnataka.

Questions people ask

Is it compulsory to register a will in Karnataka?

No. An unregistered will that is properly signed and witnessed is valid. Registration makes it harder to dispute.

What is the difference between a legal heir certificate and a succession certificate?

A legal heir certificate comes from the Tahsildar and identifies the family members. A succession certificate comes from a civil court and gives the right to collect debts and securities, such as bank deposits.

Is probate needed for a will in Bengaluru?

Probate is not compulsory for wills made in Bengaluru. It may still be sought when someone challenges the will, or when a bank or buyer insists on it.

Can a will be challenged after death?

Yes. Common grounds are that it was not properly signed or witnessed, that the person was not of sound mind, or that it was made under pressure. A clearly drafted, registered will with independent witnesses is harder to challenge.