It is important to have a will. Without one, the rules of intestacy apply, and this can often lead to confusion and disputes. What’s more, without a will, you could face serious tax implications when it comes to how your estate is distributed. Read on to find out about five common disputes that can be easily resolved in India
What Is a Will?
A will is a legal document that states how a person’s property should be distributed after their death. A person’s will can be disputed by their family members or beneficiaries if they feel that the will is not valid. There are several common will-related disputes that can be easily resolved in India. One of the most common disputes is over the validity of the will. If family members or beneficiaries believe that the will is not valid, they can file a petition with the court to have the will declared invalid. Another common dispute is over who should be appointed as the executor of the will. The executor is responsible for carrying out the instructions in the will. If there is disagreement over who should be appointed as executor, family members or beneficiaries can file a petition with the court to have someone else appointed.
Finally, disputes can also arise over how the property should be divided among the beneficiaries. If there is disagreement over how the property should be divided, family members or beneficiaries can file a petition with the court to have the property divided in a different way.
A Clause in a Will
A clause in a Will can be disputed easily in India if the beneficiaries do not agree with the terms of the clause. For example, if a beneficiary is not given the full amount of inheritance that they were expecting, they may dispute the Will. Clause disputes are common in India because there are often many clauses in Wills that can be interpreted in different ways. Beneficiaries may also dispute a Will if they feel that they have been left out of the Will entirely. In most cases, clause disputes can be resolved easily through negotiation between the beneficiaries and the executor of the Will. However, if the beneficiaries cannot come to an agreement, then the matter may have to be decided by a court.
Disputes With a Minor Child
There are a few common will-related disputes that can be easily resolved in India. One of them is a dispute with a minor child. Under Indian law, a person must be at least 18 years old to be considered an adult. Therefore, any will that names a minor child as a beneficiary is not valid. If there is such a dispute, the court will simply strike out the child’s name from the will.
Another common will-related dispute is when there are two or more people who claim to be the rightful heir to the same property. In such cases, the court will look at the evidence and decide who is the rightful heir.Yet another common dispute is when someone challenges the validity of a will on the grounds that it was not properly executed. To be valid, a will must be signed by the testator (the person making the will) in front of two witnesses. If it is not, the court may declare it to be invalid. These are some of the most common will-related disputes that can arise in India. However, they are all relatively easy to resolve.
Disputes With a Spouse
- Disputes with a spouse: One of the most common will-related disputes in India is between spouses. This can happen if one spouse believes that they are entitled to a greater share of the estate than the other. In most cases, these disputes can be resolved relatively easily through negotiation or mediation.
- Disputes with children: Another common type of will-related dispute in India is between children and their parents. This can happen if children feel that they have been left out of the will or that they are not receiving their fair share of the estate. In many cases, these disputes can be resolved through negotiation or mediation.
- Disputes with other relatives: Will-related disputes can also occur between other relatives, such as siblings or cousins. These disputes often arise over who is entitled to certain assets or property. In most cases, these disputes can be resolved through negotiation or mediation.
Disputes With Children From Previous Relationships, but Heirs Nonetheless
There are a number of common will-related disputes that can be easily resolved in India. One such dispute is with children from previous relationships, but heirs nonetheless. If the deceased has not left a will, the children may be entitled to a share of the estate. However, if the deceased has left a will, the children may only be entitled to a share if the will specifically includes them as beneficiaries.
Another common dispute arises when there are multiple beneficiaries who are entitled to receive different percentages of the estate. In such cases, it is often helpful to have a lawyer or other neutral third party review the will to ensure that it is clear and unambiguous. This can help avoid any potential conflict between the beneficiaries.
Finally, disputes may also arise when there are assets that are not specifically mentioned in the will. In such cases, it is often up to the executor of the estate to determine how to distribute these assets. However, if there is disagreement among the beneficiaries about how to distribute these assets, it may be necessary to seek legal guidance.
Disputations With Inheritances
- Inheritance disputes are common in India, especially when the deceased person has not left a will. In such cases, the family members may start fighting over who will get what share of the property. However, there are ways to resolve such disputes easily.
- The first thing to do in such a situation is to try and reach an agreement amongst all the parties involved. If that is not possible, then the next step is to approach a mediator or arbitrator. These professionals can help to resolve the dispute without going to court.
- If all else fails, then the matter can be taken to court. In India, the court will usually divide the property equally amongst all the heirs. However, if there is a valid reason for one person to get a larger share, then the court may order that as well.
- Therefore, inheritance disputes can be resolved easily in India if all parties are willing to cooperate with each other.
When it comes to will-related disputes, there are a few common issues that tend to crop up. However, with the right knowledge and approach, these disputes can be resolved relatively easily. In India, some of the most common will-related disputes include questions about the validity of the will, challenges to the distribution of assets, and claims of undue influence. With a little bit of help from a lawyer or other professional, these disputes can be sorted out quickly and efficiently. Connect with top legal professionals via Vakilsearch today.