Property & Succession

Legal Heirship Certificate (LHC), Succession Certificate (SC) and Letters of Administration (LoA) have close relation. They serve a common purpose – they are being used for devolution of some rights on the property of a person died intestate, to their legal descendants.   The above said certificates, because of their misleading names, create some confusion in the minds of not only ordinary people but also some learned lawyers also. This write-up intends to bring in some clarity in regard to the basic nature of those certificates governing inheritance and succession.

Partition is the division of jointly held properties, along with the associated rights, into different portions and delivery thereof to the respective persons. In partition the joint ownership comes to an end and the respective parties are vested with the eligible shares.

Introduction The Hindu Succession Act, 1956 (HAS), in its original form did not give the daughter of a coparcener equal right to the ancestral property as that of a son.…

A family settlement is an agreement mutually worked out by a settler among his family or by family members among themselves as to how the common property should be distributed and hold separately in accordance with the agreement. It settles the division or distribution of common property that the family members already own as a common property. It can be used to dispose of a self-acquired property in consideration of marriage or for any charitable or religious purpose.

Encumbrance means what The term encumbrance refers to the charge created on any property, particularly in regard to the immoveable property. An Encumbrance Certificate (EC) discloses whether the property in…