Understanding inheritance laws in India is essential to safeguard family assets and ensure smooth property transfer between generations. In Kolkata, the Hindu Succession Act, 1956 (HSA) governs both Intestate (without a Will) and testate (with a valid Will) Succession for Hindus, Buddhists, Jains, and Sikhs.
This article by Dugar & Associates, a leading property and Succession law firm in Kolkata, provides an in-depth overview of Hindu inheritance law, explaining Intestate and Testate Succession, classification of heirs, and the Probate process before the Calcutta High Court.
1. Intestate Succession (When There Is No Will)
When a Hindu dies without leaving a Will, property distribution is carried out according to statutory provisions under the Hindu Succession Act, 1956.
A. Class I Heirs – Primary Beneficiaries
Under Section 8 of the Act, Class I heirs inherit simultaneously and in equal proportion.
They include:
- Widow or widows (collectively entitled to one share)
- Mother
- Son and Daughter
- Predeceased Son’s Son and Daughter
- Predeceased Daughter’s Son and Daughter
- Widow of a Predeceased Son
- Lineal descendants of predeceased children
If multiple widows exist, they share jointly in one equal portion.
B. Class II Heirs – Secondary Beneficiaries
Class II heirs inherit only in the absence of any Class I heir. These are organized into categories of priority:
- Category I – Father
- Category II – Son’s Daughter’s Son, Son’s Daughter’s Daughter, Brother, Sister
- Category III – Daughter’s lineal grandchildren
- Category IV – Brother’s and Sister’s children
- Category V – Father’s Father, Father’s Mother
- Category VI – Father’s Widow, Brother’s Widow
- Category VII – Father’s Brother, Father’s Sister
- Category VIII – Mother’s Father, Mother’s Mother
- Category IX – Mother’s Brother, Mother’s Sister
In the absence of Class II heirs, property passes to agnates (relatives through male lineage), failing which, to cognates (relatives through female lineage).
2. Female Intestate Succession
When a Hindu woman dies Intestate, her property devolves in the following order of preference:
- Upon the husband
- Upon sons and daughters (including children of predeceased offspring)
- Upon heirs of the husband
- Upon heirs of the father
- Upon heirs of the mother
This gender-specific structure ensures protection of both marital and parental lineage.
3. Testate Succession (When a Valid Will Exists)
A valid Will allows freedom to distribute property as per individual wishes, eliminating uncertainty and potential dispute.
Essentials of a Valid Will
- Must be executed voluntarily and without coercion
- Testator must be of sound mind at the time of execution
- Will must be signed or marked by the testator
- Must be attested by at least two witnesses
- Ideally, an Executor should be appointed to administer the estate
Benefits of Testate Succession
- Enables direct control over asset distribution
- Prevents inheritance conflicts among family members
- Ensures financial security for dependents
- Simplifies the transition process after death
Legal professionals at Dugar & Associates assist clients across Kolkata in Will drafting, registration, and estate planning for optimal legal protection.
4. Probate of Will in Kolkata (Compulsory Under Law)
In Kolkata, Probate of a Will is mandatory for all Hindu Wills involving immovable property. Without Probate, a Will cannot be legally enforced for property transfer or mutation.
5. Step-by-Step Procedure to Obtain Probate in Kolkata
Step 1: Filing a Probate Petition
The Executor files a petition before the Calcutta High Court (Original Side) or the District Judge having jurisdiction.
Step 2: Submission of Mandatory Documents
- Original Will
- Death Certificate of the Testator
- Identity proof of Executor and legal heirs
- Property valuation report
- Legal heir affidavit
- Affidavit of execution
Step 3: Notice by the Court
The court issues notices to all legal heirs and also publishes the announcement in a leading newspaper.
Step 4: Hearing and Objections
If objections arise, the matter is treated as a testamentary suit. The court examines validity and authenticity of the Will.
Step 5: Examination of Attesting Witnesses
At least one witness must confirm that:
- The testator signed the Will voluntarily.
- The Will was executed of free will and in clear mental state.
Step 6: Verification and Scrutiny
The Court verifies all documents and ensures there is no fraud or undue influence.
Step 7: Grant of Probate
Once satisfied, the Court issues a Probate Certificate, authorising the Executor to distribute the estate as per the Will.
Why Choose Dugar & Associates, Kolkata
Dugar & Associates is one of the most reputed law firms in Kolkata, specializing in Hindu Succession, Will registration, and Probate matters before the Calcutta High Court. The firm’s team provides end-to-end legal support — from inheritance dispute resolution to property transfer post-Probate.
Key reasons to consult Dugar & Associates:
- Expert lawyers for Succession and Probate law
- Transparent process guidance
- Strong representation in court matters
- Timely handling of documentation and certification
- Personalized estate planning and Will drafting services
Final Thoughts
Succession planning is not merely a legal formality—it is an act of responsibility toward your family’s financial future. Whether managing Intestate property division, drafting a Will, or applying for Probate in Kolkata, professional legal assistance ensures your rights are fully protected.
For expert legal advice on inheritance and property law in Kolkata, contact Dugar & Associates today.
Call Dugar & Associates at +91-98318 82024 or visit www.dugarassociates.in to schedule a consultation with an experienced Probate and Succession lawyer in Kolkata.
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