How to navigate via intestate succession in absence of Will?

My dad and mother , along with my partner, have an equal stake in my privately-held agency. My family accommodates my estranged brother who runs a competing manufacturing enterprise. My dad and mother need not write a will. What can be the licensed ramifications within the occasion that they die intestate and what steps can I take to safeguard my stake inside the agency?

—Name withheld on request

This is type of a peculiar draw back that is pretty widespread in Hindu households whereby the shares of the family-run enterprise is held by all relations. Since your estranged brother runs a competing enterprise, you will not like him to have a shareholding in your group and intervene inside the working of enterprise in any technique. If your brother will get the possession in your group, it will create a flowery licensed state of affairs for you and your family members.

In the event of your dad and mother passing away intestate, their property will probably be inherited by every the sons, significantly your self and your brother.

This implies that the 50% shareholding held by your dad and mother will probably be inherited by you and your brother to the extent of 25% each, and thus your brother could have vital minority shareholding in your group which is ready to vest diversified rights in his favour exercisable beneath the Indian Companies Act and, in any case, there’ll probably be accountability factors.

It is crucial that even it is advisable to write a will, as inside the unfortunate event of one thing going down to you, your property will probably be equally divided between your partner, kids and your mother, who is probably going one of many class I licensed heirs beneath the Hindu Succession Act. So, inside the event of your demise all through her lifetime, certain shares owned by you’d go to her and this will solely compound the problem.

It is subsequently important in your dad and mother to each write a will in your favour for the shares owned and held by them in your group or current these shares to you now all through their lifetime to avoid creating licensed points for you and your family members.

It is crucial to know that beneath intestate succession, all the licensed heirs get equal rights and share inside the property of the deceased, whereas inside the case of a will, differential rights are created and the property is inherited as per the wants of the deceased as expressed inside the will and is not distributed equally. Hence, counting on the family circumstances, it is important to place in writing a will.

Anju Gandhi is affiliate at SNG & Partners, Advocates & Solicitors.

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