Legal Question in Wills and Trusts in India

Indian Succession Act, 1956-Can Heir renounce benefits?

Can a citizen of India (Hindu) renounce the benefits of a will coming from a parent either:

(1) in favor of other legal heirs mentioned in the will;

(2)Others not left any legacy in the will;

(3)Executors of the will.

Further, does such renunciiation or transfer of benefits/interest in the will attract any tax?

What would be the procedure to do the above where permissible.

Thank you.

D.S.Green


Asked on 7/26/08, 4:35 pm

4 Answers from Attorneys

Re: Indian Succession Act, 1956-Can Heir renounce benefits?

WILL is enforceable only after the death of executor and if other legal heirs not left with any benefit under the Will,then the interest in favour of any legal heir can not be renounced.

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Answered on 7/29/08, 3:14 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Indian Succession Act, 1956-Can Heir renounce benefits?

Yes you can.

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Answered on 7/28/08, 2:25 am
Sumit Mehta S 'n' S Law Offices

Re: Indian Succession Act, 1956-Can Heir renounce benefits?

yes you can very well renounce your rights in the property.

A property coming your way trough a way of will or gift can be renounced. The property can not be imposed on you legally if you do not wish so.

Kindly renounce in any local daily newspaper.

Kindly mention your full name along with the fathers name and the description of the property.

Kindly also for the ease of other heirs furnish an affidavit or NOC to them stating as to how your property should be distributed among them.

Thanks and Regards

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Answered on 7/28/08, 9:02 am

Re: Indian Succession Act, 1956-Can Heir renounce benefits?

One can renounce the benefits from a will. Then the renounced property will be divided among the legal heirs as if the deceased died intestate.

For 1, 2 & 3 above, person first has to accept the property and then give it to the others. So, without going into the tax part of it, one can renounce by an affidavit and/or giving notice through a newspaper.

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Answered on 7/27/08, 3:08 pm


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