Picture wealthy billionaire family members such as the Ambanis, Modis, and Kapurs clashing in court over their vast fortunes.
These famous lawsuits, including the recent escalation of the Kapur case due to new allegations of asset concealment by the family, are evidence of how long it can take to settle an estate-related legal dispute when there are many class I heirs and showcase crippling probate delays under Indian Law.
For Hindus, Class I heirs (sons, daughters, widow, mother, and certain grandchildren) claim equal shares in intestate cases per the Hindu Succession Act, 1956, while similar preferential heirs apply across religions via personal laws or the Indian Succession Act, 1925.
Have you ever wondered why these very strong & successful families are unable to avoid lengthy & costly litigation?
Having a well-drafted & valid Will allows families to decide how their assets and wealth are to be distributed, rather than being at the mercy of the rigid class I heir distribution system.
Dhirubhai Ambani's death without leaving a Will in 2002 triggered a long-standing rift between Mukesh & Anil Ambani over control of their father's massive business empire, as he had no Will or clearly stated desires; forcing courts to apply the applicable inheritance laws to divide the assets among eligible heirs which lead to a long-running family dispute; ultimately ending with their mother stepping to intervene.
Mukesh Ambani's efforts to create a plan for his estate to benefit future generations have emphasised the need to have a Will that clearly answers the questions like what will happen to all of his wealth & exactly who gets what, so that it does not fall under default by law.
Do you really want to allow courts to make decisions about your estate and legacy when a single document can avoid this type of chaos & conflict?
Following KK Modi's death in 2019, a long-standing dispute in his family has erupted as to who should be granted control of the trusts he established, along with their business holdings of thousands of crores. Widow Bina Modi and her sons are at odds in courts over the interpretation of the instructions given by their father, as to how to divide the family assets & trusts, which illustrates just how an unclearly stated estate plan can lead to great amounts of strain on relationships and create much uncertainty in a family's businesses.
Now ask yourself- Had there been a well-written Will that clearly defined the way the family members were to receive the assets, wouldn't it likely have reduced some of the disputes currently being litigated and possibly avoided the probate process altogether?
The large-scale inheritance dispute worth 30,000 crores since the death of Sunjay Kapur is an excellent textbook example of how contested Wills and allegations of forgery in the creation of a Will can be the starting point for family wars. His children with ex-wife Karisma Kapoor have claimed shares of the estate, while the current wife has been accused of creating and producing a forged Will.
This matter is currently under investigation by the courts and may take years to be determined, but it highlights that a duly registered and legally abiding Will is crucial to ensure that heirs do not have to undergo lengthy court battles and that they receive what is rightfully theirs. Various Supreme Court decisions have also stated that a registered Will provides evidence of authenticity faster than a non-registered Will, as well as shields the family from endless disputes and challenges.
The sheer size and diversity of India create an environment where inheritance is governed by many different laws — Personal Laws as well as the Indian Succession Act, governing many religions in their own ways.
More than 70% of all litigation involves property and family matters, because if there is no valid Will then, the assets get divided according to above stated laws, often leading to defaults favoring certain relatives and leaving little room for personal choice — sons may receive double the share that daughters receive under Muslim Law, children may have equal splits of inheritance when they inherit under Christian Law and so on. This creates unnecessary conflict between family members, which can freeze several assets and businesses for years.
A legally drafted, valid Will provides legal evidence of a person's wishes regarding their assets — including immovable property, financial assets, digital assets, business interests and so on — and also provides for the appointment of a guardian or charity should this be necessary.
The Ambani — the Modi &— the Kapur saga — all show:
Intestacy freezes billions in probate (2-5+ years on average).
Wills empower customisation across faiths — including digital assets, businesses, guardians — increases by 20-25% after tragedies occur; however, only 3-5% of the Indian population has a Will.
Isn’t it reasonable that families live in harmony as opposed to wrangling over their inheritance and legacy?
AasaanWill empowers families across India to create legally valid Wills quickly, affordably, and with strong procedural guidance that complies with Indian Will‑execution requirements.
AasaanWill’s user-friendly online platform walks users through some basic & simple questions and then provides them with an expertly drafted, customized Will that covers their multiple types of assets, from property and bank accounts to investments & digital assets.
Their services make estate planning easy and accessible for all Indian households and bring peace of mind by streamlining documentation, reducing potential probate-related hassles, decreasing the potential for future inheritance disputes, and helping to ensure that your assets are transferred to the intended heir(s) in a clear & timely manner.
And the real question is: If it takes you only a few clicks today to help protect your family from potential courtroom battles tomorrow, why wait?
Though a Will can be created, the length of time that it takes for a court to legally acknowledge the Will and give the heirs authority over their estate (probate) can be lengthy — even years — in large metropolitan cities. As probate continues, so does the risk of frozen assets, as well as halted or delayed business activities. The intricacy of family matters, including the ones observed with the Kapur and Modi cases, gives a picture of the frustrations and time delays that probate can cause.
Professional platforms such as AasaanWill aid in writing a legally enforceable Will, which is backed by due documentation, which could otherwise facilitate fast-tracking of the probate proceedings, all at a reasonable price.
Write Your Will First: A Will supersedes default rules for all religious beliefs, enabling you to decide how to distribute assets, who will be responsible for children, and which charities receive your charitable gifts. Why would you then want courts to serve as mediators for your family’s disputes?
File Your Will Properly: Establishes an assumption of validity, places the burden of proof on those wishing to contest the document, and shortens the amount of time spent in probate from years to months.
Be Part of The 3% Elite: While 97% of people have unclaimed billions stuck in legal battles, you can be part of the intelligent minority that makes a successful transfer of wealth without generating a lot of drama or media attention.
These mega battles aren't entertainment; they're expensive warnings. Craft your Will with AasaanWill today—gift harmony, not headlines, to those you love most. Your story deserves a peaceful ending.
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