The ongoing dispute among the late Sunjay Kapur’s family members over their shares in his estate has turned the focus on the importance of succession planning. The widely-reported saga offers stark warnings on succession rights and validity of wills, particularly in the case of blended families.
Unravelling the core legal knots
According to Rishabh Gandhi, Founder of Rishabh Gandhi and Advocates, the dispute has brought to the fore three pivotal issues: firstly, the validity of a will. As per Section 63 of the Indian Succession Act, 1925, it must bear the testator's signature and attestation by two witnesses, free from forgery, coercion, or undue influence. "Any element of forgery, coercion, or undue influence can render it void," Gandhi notes.
Second, if a will crumbles, intestate succession provisions kick in via Section 8 of the Hindu Succession Act, 1956, dividing assets equally among Class I heirs—widow, sons, and daughters. “Thirdly, the perennial clash between spousal and children's claims, one of the most common triggers for succession litigation in India," says Gandhi.
“The law expects that the will should state clear reasons for excluding a legal heir. If no reasons are provided, it often raises suspicion and becomes easier to challenge,” says Varun Singh, Founding Partner at Foresight Law Offices adds. Families ought to remember that validity, fairness and proof are central to ensuring a dispute-proof will, and silence will invites scrutiny.
Drafting a bulletproof will
The key to ensure that your will survives challenges is transparency. "In blended families, it is imperative that the will expressly records the reasons for such dispositions, especially when excluding children from a prior marriage. Provide references of prior settlements like divorce-linked investments to fortify intent,” advises Priyanka Desai, Partner and Co-Founder at The Fort Circle.
Registration, though optional, bolsters credibility. "A will should be very specific about who gets what, and it should also explain reasons if a natural heir is being excluded, to reduce chances of challenge later,” adds Singh.
Gandhi adds, "A will must be simple, clear, and consistent. Ambiguity creates disputes." Update post-life events—divorce, remarriage or the birth of new children - outdated wills are litigation magnets. He recommends tools like family trust which can create stronger safety nets.
"Having open discussions about inheritance planning while alive can save loved ones from years of painful disputes," Singh urges.
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Eliminate the risk of forgery and coercion claims
Courts will look into any opposition to the will on grounds of forgery or coercion. These grounds could be established if there exist suspicious circumstances or unusual features surrounding the genuineness of the will.
According to Desai, a will's genuineness can be questioned if certain red flags are present. These include the major beneficiary playing an active role in the will's execution, improbable or unfair dispositions such as excluding rightful heirs, the testator being of unsound mind or suffering from insanity, intoxication or illness that impairs their awareness of their actions, and a signature that varies from the testator's usual signature. If these factors are present, the court will closely scrutinise the will's validity due to reasonable suspicion about its authenticity.
"The person disputing the will must give evidence, such as proof that the signature isn’t real, or that the maker was not acting freely,” says Alay Razvi, Managing Partner at Accord Juris.
Witnesses: The guardians of truth
No will can be considered valid without witnesses. Section 68 of the Evidence Act mandates witnesses’ testimony, affirming sound mind and voluntariness. "Witnesses are essential. Without them, a will cannot be proved in court. Credible testimony often decides whether a will survives probate,” says Gandhi.
"Two adults who are not beneficiaries must witness the will. If the witnesses say these conditions weren’t met, a judge may void the will,” adds Razvi.
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Children's inheritance rights
Under the Hindu Succession Act, 1956, children reign as Class I heirs, claiming equal portions alongside the widow. The 2005 amendment equalised daughters' coparcenary rights. "All children are Class I heirs. Children from different marriages have the same rights. There is no legal distinction," Gandhi clarifies.
Even with a will, challenges can persist if suspicious.
"Any private deal in a divorce settlement cannot override the child’s legal right to inherit. Children and widows should demand complete disclosure and fair access, not just rely on promises or selective payments,” adds Razvi.
The significance of estate planning
The dispute underscores the significance of meticulous succession planning, particularly when substantial wealth is involved.
Utilising estate planning tools such as well-drafted and registered wills or family trusts can help mitigate these issues. “Estate planning is not just for the affluent; ordinary families can also benefit from it by protecting their loved ones from unnecessary conflicts,” says Singh. The lack of clarity in a will can lead to prolonged legal disputes, causing emotional distress within families that often outweighs the financial costs.
"Always ensure all family members know about the will. Maintaining copies and sharing basic details helps prevent future disputes,” says Razvi.
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