Why estate planning in India is never a one-size-fits-all

tax efficiency. Instead, we began with questions about their marriage.

In which state had they married? Under which law had the ceremony been solemnized? How many children did they have? Which religion were the children recorded under, and how was this documented with the registrar and at school? Was there any joint family or ancestral property on the husband’s side?These were not just incidental questions; they determine the legal framework that often governs succession.India is among the most diverse jurisdictions in matters of personal law. While Hinduism is often perceived as a single faith, practices affecting inheritance historically varied across regions.

The effort to introduce uniformity culminated in the Hindu Succession Act, 1956, which, subject to amendments from time to time, continues to govern Hindu succession.Despite this effort, the act recognizes three distinct types of inheritance:While a Hindu is generally free to leave self-acquired property through a will, joint family and ancestral property are governed by separate rules shaped by the applicable school of Hindu law and regional considerations.Marriage law can also influence property rights. Where a marriage is solemnized under the Special Marriage Act, 1954 rather than the Hindu Marriage Act, 1955, as in this couple’s case, it may result in the loss of certain rights in joint family property from the date of marriage, depending on the applicable school of Hindu law.

These implications are rarely examined at the time of marriage and often surface only during estate planning.It is equally important to distinguish between intestate and testamentary succession. Intestate succession applies where a person dies without a Will.