Succession and Inheritance - Inputs on Solutions

Friends:

Below are the key Root Causes for the key Issues related to Succession and Inheritance in India.

Kindly review and propose specific, implementable solutions that will address these issues.

We will then put the whitepaper together and share with key stakeholders.

Succession and Inheritance – Root Causes
1. Laws and provisions for succession and inheritance have not been revised in a long time
2. There is corruption in the judicial system at all levels
3. Succession and inheritance cases are tricky ones which need experienced lawyers
4. Nomination is not mandatory in many accounts
5. Lack of transparency among cross-functional offices
6. There is a lack of commitment in the employees in these departments
7. These offices have very limited digitalization
8. Registration of marriage is not mandatory in India
9. There is no clear definition of "separation"
10. Lack of one stable rule which applies to all religions
11. Banks and mutual funds have different forms & procedures for similar kind of work creating hassles for customers.

Succession and Inheritance - Key Issues

1. Death certificate takes a long time to get prepared
2. Getting NOCs from different organizations becomes very tough
3. No concrete laws in this matter
4. The whole procedure of getting a succession certificate takes a very long time in the courts
5. Transfer of shares certificates from the deceased to successors is very difficult, requires court certificate which in turn requires huge deposits.
6. Many accounts do not need a nominee while going through the opening procedures
7. Lawyers charge a huge fee for taking up succession cases (many pay bribes to get work done)
8. Expenses and labour involved in obtaining the succession certificate is another tough ask
9. There is a lack of transparency among cross functional offices
10. The registrar office and staff is very corrupt and getting anything done there takes a lot of time and money
11. There is no customer service department/helpline which could answer the questions which arise in such cases more  

View all 64 comments Below 64 comments
1. Sir, Sri Devinder Sharma in my opinion, The Moral and also Responsible address by a Family head shall be taken into consideration on intestate also to responsibly cover the following . [ I ] Physically and or mentally disabled persons shall qualify 3 shares. [ ii ] Those under education [ student ] below Degree level shall qualify 2 shares [ iii ] Un-married student Girls below degree level shall qualify for 3 shares . [ iv ] Other un-married Girls shall have 2 shares [ v ] Widow daughter-in-law to have a single share. [ vi ] Widow daughter dependant on Parental Family shall have a single share. [ vii ] Widow shall have one share This eliminates the entrance of Private Settlements and provide the appropriate and fit justice of welfare sharing in a Family.. 2. The rights clause “ by birth “ shall be removed whether to a male or female keeping the Full blood ; half blood ; agnates and cognates as it is on intestate. 3. The issue for any division of share of properties shall be entitled / arise only on intestate in the absence of Settlement / partition / relinquishment Testamentary deeds . 4. The Parents shall be given full entitlement to utilize the ancestral , Joint and Self acquired properties to feed ; educate ; spend for healthcare ; to meet marriage expenses to their Family SINCE IT IS THE BASIC HUMAN DUTY AND STILL THE GOVERNMENTS DID NOT TAKE INTO THEIR RESPONSIBILITY THOUGH COVERED IN THE CONSTITUTION THESE 3 PRIME & ESSENTIAL NEEDS. 5. The laws pertaining to permission for such utilization of such properties shall be amended so to enable the permission within 30 days of urge. 6. The laws enabling property share to Female shall be corrected and rectified effecting eligibility only to the un-married Female Children & , widow daughter being dependent on her Parents ; and the shares shall be so to include the justified application above mentioned in the point No. 1 TO AVOID DOUBLE AND IMMORAL BENEFIT TO MARRIED FEMALE WHOM THE SHARE OF HER MALE HUSBAND’ PROPERTY IS LEGALLY ENDOWED. 7. All the above 6 burning clauses shall be addressed fit which will clear off all the Women Divorce and Dowry Crimes that have been cropped up since last Ten years after 2005 Amendment. I REQUEST YOU TO OPINE CONSIDERING THE ABOVE FACTS IN REALITY. more  
When succession certificate is issued in respect of any property of the deceased, the process has been prescribed to take care of the following claims, which can only be decided by a court: (a) Will in favour of anyone other than the Successors; (b) Pending taxes to the Government and local authority, which need to be recovered from the Estate of the deceased; (c) Any liabilities of the deceased to be recovered from his estate; (d) Person other than the Applicant(s) claiming to be a successor. more  
For all such un-solvable serious issues of Humanity ; social ; civic ; and constitutionally linked in-equality , biased uniform laws ONLY THE SUPREME COURT OF THE CONSTITUTION COULD DO SOME JUSTICE and for achieving such only there is the need of making available legally , " PUBLIC LEGAL CELLS " for free Legal aid specified under the very Constitution. The legal members in these localcircles.com may kindly have a thought for any possibility of such a Civic need . more  
WHAT IS THE GOVT' GOING TO DO FOR 12YRS. SUFFERING OF THE PEOPLE OF SRIRANGAM FOR THEIR RESIDENTIAL GROUND & THE FORWARD CASTE. MERELY COMMENTING ON IT WITHOUT SENDING THE MESSAGES TO MODIJI WILL NOT WORK OUT.EVEN THE MUSLIMS & CHRISTIANS ARE GIVEN % FOR THEIR LIVING NEEDS FROM YOUNG TO OLD.THE MUSLIMS ARE BETTER TREATED THAN US IN BRINGING RULES ACCORDING TO THEIR CASTE RULES. THEY CAN JUST SAY ' TALAK ' FOR DIVORCE. THE RULES FOR BUYING & SELLING PROPERTY FOR MUSLIMS ARE DIFFERENT FROM OTHER CITIZEN'S OF INDIA.WHY SUCH DIFFERENT BETWEEN THE CITIZENS? GENERAL RULES THAT IS BASIC NEEDS & LIVING SHOULD BE EQUAL TO ALL THE CITIZENS. LET US HOPE FOR THE BEST TO BE A NON-DIFFERENTIAL INDIAN CITIZENS. MODIJI HAD GONE TO MANY COUNTRIES & HE MUST BE KNOWING ABOUT IT BETTER THAN US.LET US PRAY THAT MODIJI MUST TAKE UP THIS PROBLEM SOON & TREAT ALL INDIANS WHO ARE BROTHERS & SISTERS EQUALLY SOON. ' ' ' more  
1. The Laws of succession and inheritance Act shall remove the obstacles and [ i ] pathetic conditions of Parents falling under Senior Citizen [ ii ] shall remove the indirect Dowry menace and Women Atrocities before the intestate of the Family Head. 2. The area Revenue Authority shall confirm the list of Successors and the District Collector & Magistrates shall issue the Succession Certificate within 30 days from the date of Urge with necessary declaration by any member of that Family since they are the directly connected Authorities since ancient Times. This reduces all the delays in the process. more  
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