Family & Succession

Family and succession matters are governed largely by personal law, the law that applies according to a person’s religion or the law under which a marriage was solemnised, alongside general statutes on maintenance, guardianship and domestic violence.

What this area covers

Wills

Drafting wills and codicils. Under the Indian Succession Act, 1925 a will must be signed by the testator and attested by at least two witnesses. Registration of a will is optional, though it can help prove the document later.

Probate and succession

Applications for probate and letters of administration, and succession certificates under Section 372 of the Indian Succession Act, 1925 for debts and securities left by a person who has died. Where there is no will, the heirs and their shares depend on the personal law that applied to the person who died.

Matrimonial disputes

Divorce, judicial separation, restitution of conjugal rights and divorce by mutual consent under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954 and other personal laws, and proceedings under the Protection of Women from Domestic Violence Act, 2005.

Maintenance

Claims for maintenance by a spouse, children or parents under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 125 of the Code of Criminal Procedure), the Hindu Adoptions and Maintenance Act, 1956, and interim and permanent maintenance in matrimonial proceedings.

Guardianship and custody

Guardianship and custody of minors under the Guardians and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956, where the welfare of the child is the paramount consideration.

Family Courts and mediation

Where Family Courts have been set up under the Family Courts Act, 1984, they hear matrimonial, maintenance and custody cases for their area. These courts encourage settlement, and many cases are referred to mediation before or alongside a hearing.

Papers that help at a first meeting

• Marriage certificate or proof of marriage, and any earlier petitions or orders
• For succession: death certificate, family tree, will (if any) and a list of assets
• Income and expense details where maintenance is involved

Forums

Depending on the matter, proceedings in this area are typically before:

• Family Courts
• District & Sessions Courts and Courts of Civil Judge
• Courts of Judicial & Sub-Divisional Judicial Magistrates
• Orissa High Court, Cuttack
• Lok Adalats and mediation centres

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.