Understanding Intestate and Testamentary Succession in Property Transfer in India

Property ownership transfer in India occurs through two main channels: voluntary transfer or involuntary transfer. The process is governed by the Indian Succession Act, with two significant mechanisms playing a pivotal role – intestate succession and testamentary succession. For NRIs and OCI holders, understanding these legal frameworks is crucial to managing property inheritance effectively.

Role of Succession Certificate in India

A Succession Certificate in India is essential for the smooth transfer of property ownership. It acts as proof of the legal heir’s authority to claim or manage the deceased’s assets, especially in cases of intestate succession.

What is Intestate Succession?

• Definition: Intestate succession occurs when a person passes away without leaving a legally valid will.
• Process: The property of the deceased is distributed among rightful heirs according to the rules of intestate succession, as defined under the Indian Succession Act.
• Importance of Succession Certificate: In such cases, heirs must obtain a succession certificate for NRIs or OCI holders to manage and inherit the property or assets left behind.

What is Testamentary Succession?

• Definition: Testamentary succession takes place when a deceased individual has left behind a legally recognized will.
• Process: The property is distributed according to the specific instructions outlined in the will.
• Simplified Distribution: Testamentary succession ensures the deceased's wishes are honored, and assets are transferred to the named beneficiaries without disputes.

Also Read: What are various situations in which succession certificate is required?