Best Estate Planning Lawyers in Patna

About Estate Planning Law in Patna, India

Estate Planning in Patna, India mainly refers to the preparation and managing of an individual's will, distribution of estate or wealth, and nomination of guardians for minor children in the case of the owner's death or incapacitation. The main legislation regulating this area is the Indian Succession Act of 1925. This act lays out the principles of inheritance and succession that are followed in all of India, including Patna. The act applies to both intestate (without a will) and testate (with a will) successions apart from those covered under customary laws of communities or trusts.

Why You May Need a Lawyer

If your personal or financial situation is complex, you're planning to disinherit a family member, or you're dealing with large amounts of property or money, a lawyer can provide valuable help. An experienced Estate Planning lawyer can guide you through the complexities of the law, ensuring that your estate is divided as per your wishes and in a way that minimizes the tax burden. They can also help with the creation of trusts, execution of will, and safeguarding against legal disputes.

Local Laws Overview

The Indian succession law generally follows the principles of lineal descent with a preference for male lineage. However, amendments in recent years have worked towards gender equality. The Hindu Succession (Amendment) Act, 2005, allowed for daughters to have an equal share in the family property. In Patna, being a significant city in Bihar, state matters might be regulated by the Bihar Land Reforms Act. The Act is crucial if you own agricultural land as the reforms limit the hectares one can legally own.

Frequently Asked Questions

1. What is a testamentary will?

A testamentary will is a legal document expressing a person's wish regarding the allocation of their property after their death.

2. What happens if someone dies intestate?

If someone dies without making a will, their property is divided by the rules of intestate succession under applicable laws.

3. Can a will be contested in a court in Patna, India?

Yes. Anyone who has 'a legitimate interest' or is disinherited from the will can challenge it in court.

4. What is a succession certificate?

A succession certificate establishes who the legal heirs are and gives them the authority to inherit debts, securities, and other assets.

5. Can a will be changed after the death of the person?

No, a will becomes irrevocable after the death of the person who made it.

6. Can a will be handwritten?

Yes, a will can be handwritten. However, it is important that it is signed and appropriately witnessed to ensure its legality.

7. Does the estate planning lawyer need to be from Patna, India?

All lawyers in India are empowered to practice all over the country. However, a local lawyer might be more knowledgeable about state-specific laws.

8. Does a nominee become the owner of the assets after the owner's death?

No, the nominee is only a trustee, not the owner. The legal heir(s) as per the succession laws become the owner(s).

9. What is the importance of a Living Will?

A Living Will records the desires of a person concerning their medical treatment when they are no longer able to express informed consent.

10. How are the tax implications managed during wealth transfer?

Experienced lawyers can guide the wealth-transfer in a manner to minimize the tax implications by utilizing the Indian tax laws.

Additional Resources

The 'Department Of Revenue And Land Reforms, Government Of Bihar' and the 'Central Board of Direct Taxes' are helpful resources. Other organizations like the Bar Council of India also provide important information. Online platforms like 'Indian Kanoon' can be used for cases' details and more understanding of laws.

Next Steps

If you require legal assistance in Estate Planning, you should enlist the services of a reliable and experienced lawyer. Prepare a list of your assets and how you would want them distributed. Also, discuss with your family about their needs and your decisions to minimize disputes later. You might also want to draft your will under the guidance of your lawyer and keep it free from doubts or omissions.