For every woman to safeguard their inheritance rights, here are the essential things that they should take care of on a priority basis.
In the case of mutual agreement among the family members, a Will is one of the best ways to pass on assets. While nominations assist in transferring movable assets such as bank deposits or insurance policies, a Will takes the legal precedence over a nomination. Moreover, if there is a discord, a Will is one of the best options, especially in the case of self-acquired property. Get probate, if needed, as it’s required in some States.
In some cases, inheritance rights of women can override the arrangements you have made in your Will. However, you can legally leave your self-acquired property to whomever you like, there are some limitations, particularly concerning surviving spouses.
If there is no Will or any nominee, in case of movable property, get a succession certificate. It is mandatory if there is neither a Will nor a nominee, or both the parents pass away without a Will. In the case of immovable property, the property is divided according to the succession laws among all the legal heirs.
In the case of Indian real estate, have the property transferred in your name at the sub-registrar’s office. Here, you will require the Will (with probate) or a succession certificate. Without having a Will, you may also need an affidavit with a no-objection certificate from other legal heirs. The next step is a mutation of property, which means transferring the title of the property in land revenue records.
Get multiple photocopies of a death certificate and have them attested if required. This is because it is needed at all the financial institutions for transferring the assets or investments, making a claim, or selling the deceased assets.
It is issued by the local municipal body in the zonal office. For multiple copies, you can download these from the municipal website.
Inform the banks as early as possible so that no one can withdraw the money from your accounts and also file a petition for a succession certificate to claim your share in the account balance. In case of any apprehension, one can also file an injunction suit to prevent other legal heirs from denying you regarding your share in the accounts, or other properties of your father or husband.