Succession rules, documents and costs
Who inherits under each personal law, and which certificate, probate or letter of administration you need, with typical cost drivers.
succession certificate, will and inheritance law India
Inheritance, wills and nominations in India, explained step by step
Find out who inherits, which certificate or court document you actually need, what it is likely to cost, and how nominations, gifts and taxes work under the 2025–2026 rules, with worked rupee examples and official sources.
- Hindu, Christian, Parsi and Muslim succession rules compared in plain English
- Succession certificate, legal heir certificate, probate and letters of administration: which one, when
- Nominee vs legal heir after the Banking Laws (Amendment) Act, 2025 and the new RBI claim rules
Explore by topic
Planning, worked examples and checklists
Writing a valid will, setting nominations for bank, demat, mutual fund, EPF and insurance, claiming a deceased person's money, and tax on inherited and gifted assets.
Failure cases, family disputes and official sources
Common inheritance mistakes, nominee vs legal heir disputes, divorce maintenance and streedhan, parents' maintenance, free legal aid and where to check the law.
Start here
Planning, worked examples and checklists
Bank nomination rules 2026: up to four nominees, simultaneous or successive
Up to four bank nominees since 1 November 2025: simultaneous or successive nomination, lockers, what a nominee gets and worked examples.
Planning, worked examples and checklists
Estate planning checklist for Indian families: will, nominations, documents and tax in 2026
Estate planning checklist for India: a valid will, bank, demat, MF, EPF and insurance nominations, a document file and tax, with an example.
Succession rules, documents and costs
Hindu Succession Act Class I heirs: who inherits without a will, and in what shares
Class I and Class II heirs under the Hindu Succession Act, 1956, and how shares are worked out for a man or woman dying without a will.
Planning, worked examples and checklists
How to make a valid will in India: section 63, two witnesses, registration and costs
How to make a valid will in India: section 63, two witnesses, executor, optional registration, sealed deposit, codicils and typical costs.
Succession rules, documents and costs
Inheritance law in India 2026: who inherits, which documents you need and what it costs
Who inherits in India under each personal law, with or without a will, which documents you need, what it costs and the 2026 tax position.
Succession rules, documents and costs
Succession certificate vs legal heir certificate vs letters of administration: which one you need
Legal heir certificate, succession certificate, probate or letters of administration: who issues each, costs, timelines and which you need.
Tools
Succession certificate cost calculator
Estimate the court fee and other costs of a succession certificate or letters of administration as a share of the estate.
One-third bequest calculator for Muslim wills
Work out the maximum a Muslim testator can usually leave by will without the heirs' consent, and the share left for the heirs.
After a death: estate paperwork checklist
The documents and steps, in order, to transfer a family member's money and property in India.
Inheritance documents in India compared
| Document or route | How it works | Good for | Watch out for |
|---|---|---|---|
| Nomination | Asset is paid to the nominee on a claim form with the death certificate | Bank deposits, lockers, demat, mutual funds, EPF, insurance | Nominee usually receives as trustee for the legal heirs, not as owner (insurance 'beneficial nominee' is an exception) |
| Bank simplified procedure | Bank settles an unnominated deposit below its threshold (at least ₹15 lakh; ₹5 lakh at a co-operative bank) on a claim form, indemnity and heirship proof | Smaller bank balances with no will and no dispute | Needs all heirs' no-objection letters; any dispute or will takes it out of the simplified route |
| Legal heir certificate | Revenue officer (Tahsildar or equivalent) certifies the family members after an inquiry | Pensions, utilities, government dues, smaller claims | Names and procedure vary by state; it does not decide ownership |
| Succession certificate | Civil court certifies who may collect debts and securities, under Part X of the Indian Succession Act | Larger deposits, shares, bonds and debts owed to the deceased, without a will | Court fee on the value, public notice and waiting time; does not cover immovable property |
Frequently asked questions
Is there an inheritance tax in India in 2026?
No. Estate duty was abolished for deaths on or after 16 March 1985, and there is no tax on receiving property under a will or by inheritance. Under the Income-tax Act, 2025, inheritances are excluded from taxable gifts. Tax arises later, when you sell the asset or earn income from it. See inherited property tax.
Does the nominee become the owner of the money?
Usually not. Bank, demat, mutual fund and many other nominees receive the asset so that the institution gets a valid discharge, but they hold it for the legal heirs under succession law or the will. Life insurance is different: a 'beneficial nominee' (parent, spouse or child) under section 39 of the Insurance Act takes the money beneficially. See nominee vs legal heir.
Does a will have to be registered in India?
No. Registration of a will is optional under the Registration Act, 1908. A will is valid if it is in writing, signed by the testator and attested by two witnesses (section 63 of the Indian Succession Act). Registration helps prove it was genuine and makes it harder to lose. See how to make a valid will.
Is probate still compulsory in Mumbai, Chennai and Kolkata?
Section 213 of the Indian Succession Act, which made probate a condition for an executor or legatee to establish rights in court for certain wills in those cities, was omitted by the Repealing and Amending Act, 2025 (assent 20 December 2025). Probate is still available and some societies or institutions may still ask for it. See the probate guide.
Do daughters have the same rights as sons in Hindu family property?
Yes. Since the 2005 amendment, section 6 of the Hindu Succession Act makes a daughter a coparcener by birth, with the same rights and liabilities as a son. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held this applies whether or not the father was alive on 9 September 2005. See daughters' coparcenary rights.
How many nominees can I have for a bank account now?
Up to four, since the Banking Laws (Amendment) Act, 2025 and the Banking Companies (Nomination) Rules, 2025 came into force on 1 November 2025. For deposits you can nominate them together with fixed percentages, or one after another. For lockers and safe custody, only one after another. See bank nomination rules.
Are gifts from relatives taxable?
No. Money or property received from a 'relative' as defined in the Income-tax Act, 2025, on your marriage, or under a will or inheritance is not taxed. Gifts from others are taxed in full if their total in the year exceeds ₹50,000. Later income from a gift to your spouse may be clubbed with your income. See gift tax rules.
Where can I get free legal help for an inheritance or maintenance dispute?
Contact your District Legal Services Authority or call the NALSA helpline 15100. Women and children are entitled to free legal services under section 12 of the Legal Services Authorities Act, 1987 regardless of income, and so are others below the income limits. See free legal aid for family matters.
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