Practice Area

Succession Disputes

Wills, probate, intestate succession and inheritance litigation.

Overview

Inheritance is where law meets family — and family is where law gets tested. We draft enforceable wills, secure probate, and represent rightful heirs in succession battles spanning real estate, businesses and movables.

The Hindu Succession Act, 1956 (with the transformative 2005 amendment giving daughters equal coparcenary rights) governs Hindu, Sikh, Jain and Buddhist intestate succession. The Indian Succession Act, 1925 governs Christians, Parsis, Jews and Hindus' testamentary succession. Muslim succession follows personal law (Sunni or Shia).

Our succession practice spans Delhi properties, family businesses, demat shares, bank accounts, and increasingly digital assets. We coordinate with chartered accountants and valuers to ensure inheritance tax efficiency (no estate tax in India, but capital gains and partition planning matter).

Estate Planning

  • Drafting registered & unregistered Wills
  • Trust deeds, family settlements & private trusts
  • Hindu Undivided Family (HUF) advisory
  • Succession planning for promoter-owned businesses
  • Estate freeze structures for next-generation transition

Litigation & Probate

  • Probate, letters of administration & succession certificates
  • Challenge to wills — undue influence, suspicious circumstances
  • Partition suits under Hindu Succession Act 1956 (post-2005 amendment)
  • Intestate succession & class-I/II heir disputes
  • Family settlement and arbitration on inheritance disputes

Daughters' Coparcenary Rights — Post Vineeta Sharma

The Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020, three-judge bench) confirmed that the 2005 amendment to the Hindu Succession Act applies retrospectively — daughters have equal coparcenary rights regardless of the father's date of death. This ruling has triggered a wave of partition suits in Delhi NCR, particularly involving valuable Lutyens' Delhi and Defence Colony properties.

Muslim Succession — Sunni and Shia

Muslim succession follows personal law. Sunni law applies the Hanafi doctrine — fixed shares for Quranic heirs (Quranic shares), residue to agnates ('asaba'). Shia law applies more nuanced graduation. We handle complex Muslim inheritance matters including farz vs. qarabat distinctions, multi-jurisdictional assets, and conflict-of-laws questions.

Statutes & Regulations

Key laws governing this practice.

Hindu Succession Act, 1956 (with 2005 amendment)
Indian Succession Act, 1925
Muslim Personal Law (Shariat) Application Act, 1937
Indian Partnership Act, 1932 (for partnership succession)

Who This Is For

Audiences we typically advise in this area.

  • Promoters planning generational succession
  • Heirs of deceased without registered will (intestate)
  • Daughters claiming coparcenary share post-Vineeta Sharma
  • Disputed wills involving suspicious circumstances
  • NRIs needing Indian succession certificates

Recent Outcomes

Anonymised matter highlights.

Defence Colony Property Partitioned After 18 Years

Daughter's claim under Vineeta Sharma framework. Negotiated family settlement with cash buy-out — closed 18-year-old dispute peacefully.

Will Held Suspicious and Set Aside

Challenged registered will of an 84-year-old testator who had advanced dementia. Demonstrated suspicious circumstances; will set aside; intestate succession applied.

Outcomes are matter-specific. Past results are not a guarantee of future performance.

Why K & K

Strategic differentiators in this practice.

  • Estate-planning + litigation under one roof.
  • Confidentiality protocols for sensitive family matters.
  • Familiarity with Delhi NCR property valuation and partition mechanics.

Frequently Asked

Questions our clients ask first.

Serving Delhi NCR & Beyond

Our office at A-197, LGF, Defence Colony, New Delhi 110024 is the operating base for clients across Delhi NCR — Gurgaon, Noida, Faridabad, Ghaziabad — and pan-India through a vetted local-counsel network. We routinely appear at Saket, Patiala House, Tis Hazari, Karkardooma, Rohini and Dwarka District Courts; the Delhi High Court; and the Supreme Court of India.

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