Ways to divide property among legal heirs

ET Online

Sep 17, 2022

Distributing assets

After the death of a person, it is important for his or her family to distribute their assets in a legally compliant way. This is relatively easier if the member had a clear record of their assets and shared it within the family.

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Way of holding assets

If an asset is held jointly, then on the death of one of the holders, the other person can hold the asset after providing the necessary documents. If it is held in a single name, it is always preferable to have a nomination registered for easier transmission.

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Nomination

The registered nominee(s) can access the asset of the deceased with the help of minimum documentation, such as a death certificate. Nomination can avoid a lot of hassle for the bereaved family.

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Will

After a Will is proved to be the final one by the court through a probate, the assets of the deceased are distributed among the beneficiaries in accordance with the Will. If there is no Will, the relevant succession law will apply.

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Personal law

Applicability of the succession law depends upon the religion of the deceased. Each religion has different rules for succession.

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Creating private trust

A person can create a private trust during their lifetime to decide how their assets will be disposed of after their death.

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Legal advice

It may be useful to take advice from a legal adviser to create a succession plan. (Content courtesy CIEL, ET Contributors)

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