Advocate Prakhar Gupta

Estate planning is a vital responsibility for married couples, serving as the blueprint for your family’s future security. One of the most common questions brought is whether a couple should draft a single Joint Will or maintain individual Separate Wills. Understanding the nuances of Indian succession law, probate requirements, and the protection of minor children is essential for making an informed choice. Defining the Legal Testament: What Constitutes a Valid Will? A Will is more than just a list of assets; it is a legally binding declaration of your final wishes regarding your property, financial accounts, and the care of your dependents. To ensure your Will stands up in a court of law in India, it must meet these criteria: Written Format: It can be typed or a Holographic Will (entirely handwritten). Mental Capacity: The Testator must be of sound mind and acting without undue influence. Attestation: It must be signed in the presence of at least two witnesses who also sign the docum...

In the landscape of Indian property law, a gift deed is a powerful document used to transfer ownership without any monetary exchange. However, it is a common misconception that once a gift deed is registered, it becomes absolute and untouchable. Legal heirs in India possess the right to challenge a gift deed if the transfer appears suspicious or violates statutory requirements. Whether it is a question of undue influence, fraud, or mental incapacity, the law provides a pathway for aggrieved heirs to seek justice. Understanding the Legal Foundation of Gift Deeds A gift deed is governed primarily by the Transfer of Property Act, 1882, and the Registration Act, 1908. To be considered legally "watertight," a gift must fulfill several mandatory criteria: Voluntary Transfer: The donor must act of their own free will. No Consideration: No money should change hands. Acceptance: The person receiving the gift (donee) must accept it during the donor's life...

In India, the loss of a loved one is often compounded by the stress of managing their financial legacy. A common concern that arises is whether the family must pay off the deceased's loans. The short answer is: Legal heirs are responsible for debts only to the extent of the assets they inherit. If you have inherited a house, bank balance, or jewelry, those assets can be used to satisfy creditors. However, if there are no assets, creditors cannot legally touch your personal savings or property. The Scope of Liability: Inherited Assets vs. Personal Wealth In the Indian legal context, the responsibility of a legal heir is strictly "asset-linked." This means your liability is capped at the value of the estate you receive. Limited Liability: If you inherit property worth ₹50 Lakhs but the deceased had debts of ₹70 Lakhs, you are only liable to pay up to ₹50 Lakhs. No Personal Attachment: Creditors cannot seize your personal salary, your own home, or you...