Do a Sole Heir Needs Will?
Property disputes can be messy – even within the same family. There is a general perception that “If I’m the only son or daughter, my parents are not required to create a Will?”
Let’s understand the importance of Will to break this myth.
Hassle-Free Inheritance Is Not Ensured by Being the Sole Heir
Even when someone is the only legal heir, a smooth transfer of assets is not guaranteed. In the absence of a clear and preferably registered Will, the risk remains that competing claims could be made by distant relatives or other family members.
Imagine a situation that A man in inherits a flat from his father. He has one son. Now, it feels obvious the flat should go to the son next, right? But if the father never made a registered Will, even distant relatives can legally raise objections. And then, what should have taken weeks may stretch into years of litigation.
Why Registering the Will Matters even for sole survivor
Technically, Indian law doesn’t force anyone to register their Will irrespective of survivor is sole or more than one. But a registered Will carries more weight. A registered Will
- is confirmation that it was signed voluntarily by the person.
- hard to forge or challenge.
- stored safely with the registrar’s office.
An unregistered Will – whether handwritten or typed – can be questioned later. People might say it was faked, made under pressure, or written after death. A registered Will helps prevent legal complications and family disputes.
What if there’s no Will?
If a Will is not made by a person before death (known as ‘dying intestate’), the property is not automatically inherited by the spouse or children. Instead, it is distributed according to the Hindu Succession Act or other applicable laws, depending on the person’s religion.
There is a probability that siblings, uncles, cousins – even those who never showed up while the person was alive – can claim a piece of the property. That’s how family feuds start. And courts don’t go by emotions – they go strictly by law.
Also, the probate process (which is needed to validate a will in some cases) becomes slower and more costly when the Will is unregistered or unclear.
How to Avoid Disputes: Practical Tips
If your parents or elders own property, sit with them and help get a proper Will made. Here’s what should be included:
- Complete details of the property, including the address and registration documents should be provided.
- The name(s) of the person or people the property is to be left to should be mentioned.
- Two reliable witnesses (who are not family members) must be included.
- The Will should be registered at the local sub-registrar’s office.
By taking these simple steps, your family can be protected from prolonged legal complications.
Final Thoughts
Don’t wait for a problem to arise. Just because you’re the only child doesn’t mean your claim won’t be questioned. In property matters, it’s better to be legally safe than emotionally sorry.
If your parents haven’t made a registered Will yet, talk to them today. Convince them about its importance and help them take this step – not just for your future, but for peace and harmony in the family by getting the Will prepared and registered under expert guidance.