Legal Guide · Indian Succession Law

Rights and Responsibilities of a Beneficiary

The following Rights and Responsibilities of the Beneficiary shall apply and form an integral part of this WILL.

1. What You Will Receive

  • Receive the asset, money, or property that has been left for you in the Will.
  • Receive any income earned from your inherited asset (such as rent or interest) from the date of the Will-maker's passing.

2. Your Right to Information

  • Ask for and receive a copy of the Will at any time after the Will-maker's passing.
  • Be informed of all assets and liabilities in the estate.
  • Review the estate accounts maintained by the Executor.

3. Your Right to Act

  • Question or challenge the Will if you believe it was made under pressure, by someone of unsound mind, or incorrectly signed.
  • Decline your share if you do not wish to accept it.
  • Approach the court if the Executor is not managing the estate properly or withholding your share.

4. Your Responsibilities

  • Accept any loan or debt attached to an inherited asset, unless the Will states otherwise.
  • Pay tax on any income earned from inherited assets (such as rent, interest, or dividends).
  • Pay capital gains tax only if and when you choose to sell an inherited asset.
  • Wait for the Executor to formally hand over the asset before taking possession or making any decisions about it.
  • Act within legal time limits when making any claim or raising any dispute.

5. Important Things to Know

  • There is no tax on simply receiving an inheritance in India.
  • If you are named as both a Beneficiary and an Executor, you must accept the Executor role to keep your inheritance.
  • If the Beneficiary is a minor, a guardian will manage the assets on their behalf until they turn 18.
  • If you live outside India (NRI), you can still inherit property in India, including agricultural land.
  • If you pass away before the Will-maker, your share will go back to the estate unless you have children, in which case they may inherit it instead.

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