Inheritance Myths That Cause Major Family Disputes in India
Many families in India live with quiet assumptions about inheritance. But the law often works very differently—and when someone passes away without a Will, these myths explode, causing delay, cost, and bitter disputes. Here are the myths, the real law, and the impact on families:
Myth 1: “The nominee becomes the owner”
Why disputes happen:
Families think the nominee in a bank account, demat account, or insurance policy gets to keep the money/assets. Legal heirs then contest and institutions freeze the account.
What the law says:
A nominee is just a trustee—the actual ownership goes to heirs under India’s succession laws, or to the person named in your Will. Recent Supreme Court judgments have confirmed this.
Impact:
Your nominated person may have to hand the asset to legal heirs after a fight. Without a Will, it can take months—or years—to resolve.
Myth 2: “If there’s no Will, the wife gets everything”
Why disputes happen:
Widows expect to inherit all the property. But the mother of the deceased and each child legally get an equal share under the Hindu Succession Act.
What the law says:
Sections 8 and 10 of the Hindu Succession Act say the widow, each child, and the mother all get one share. If there are multiple widows, they together share one "widow's share."
Impact:
The widow ends up co-owning with her mother-in-law and children. Banks and registries will insist on strict paperwork, not family agreements—causing delays and disputes.
Myth 3: “A Hindu woman’s assets go to her parents if she dies childless”
Why disputes happen:
The woman's natal family expects the assets, but her in-laws may claim them.
What the law says:
Section 15(2) of the Hindu Succession Act can send property she inherited from her husband or father-in-law back to her husband's family if she dies childless.
Impact:
Assets can bypass parents and siblings, going instead to in-laws. Only a Will gives certainty here.
Myth 4: “Family consensus can transfer title quickly”
Why disputes happen:
Heirs come to an informal agreement, but banks, depositories, and land offices demand succession certificates or probate.
What the law says:
Transmission follows succession statutes and documentary proofs—not oral agreements.
Impact:
Accounts and properties can remain frozen for months, and one heir can block or delay transfers.
Myth 5: “Step-children will be treated like my own”
Why disputes happen:
In blended families, step-children expect equal rights, but distant relatives may be favoured by the Act.
What the law says:
A step-son is NOT a Class I heir of a Hindu male unless adopted. Succession strictly follows the legal schedule.
Impact:
Step-children may legally get nothing unless named in a Will.
Myth 6: “Daughters won’t claim like sons”
Why disputes happen:
Some families divide assets informally among sons, but daughters increasingly assert their equal legal rights.
What the law says:
Daughters are Class I heirs and coparceners under the amended Hindu Succession Act. They get equal shares.
Impact:
Informal splits fall apart, family harmony suffers, and transactions get challenged in court.
Myth 7: “Nominee can sell or keep the asset”
Why disputes happen:
Nominees try to act as owners, while legal heirs sue for the asset.
What the law says:
Nominees are mere caretakers, not owners. They may need a succession certificate or probate to transfer assets.
Impact:
Legal wrangles stall access to the asset when families need it most.
Myth 8: “If there’s no obvious heir, my closest friend or caregiver will get it”
Why disputes happen:
Friends and caregivers expect a reward, but distant relatives or even the State may step in.
What the law says:
If there are no qualifying heirs, property may escheat to the government, not to the people who cared for you.
Impact:
Friends or caregivers get nothing unless gifted by a valid Will.
Myth 9: “An unborn child doesn’t change shares”
Why disputes happen:
Families split assets quickly, but if there’s an unborn child at death, that child gets a share.
What the law says:
A child in the womb at the time of the deceased’s death is counted as an heir.
Impact:
Early “split and sell” deals may be invalid, and assets have to be redivided—often after a family dispute.
How to Avoid Disputes
Make a Will that names your beneficiaries, alternates, and—if needed—a guardian for minors.
Align all nominations (bank, demat, insurance, EPF, FDs, housing society) to the names in your Will.
Tell your executor where your signed Will and asset list are stored.
Review your Will after marriage, divorce, birth, death, or major purchases.
Bottom line:
The law’s default settings rarely match what modern families want. Only a Will lets you replace these defaults with YOUR intent—before surprises become expensive crises. Start your Will now, with iwills.in. It only takes a few minutes—and can save your family months or years of trouble.