Will Dispute & Inheritance Lawyer in Cuttack, Odisha

On what grounds can a will be challenged in Cuttack courts?

A will can be challenged on: (1) lack of testamentary capacity — the testator was not of sound mind when making the will; (2) undue influence — someone pressured the testator; (3) fraud or forgery — the signature is forged or the will is fabricated; (4) improper execution — the will was not signed by two witnesses as required by law; (5) suspicious circumstances — the will unduly favours one party in unexplained circumstances.

What is the difference between a will and intestate succession in Odisha?

A will is a document specifying how the deceased wanted their property distributed. Intestate succession applies when someone dies without a valid will — the property is then divided as per the Hindu Succession Act 1956 (for Hindus), which specifies Class I and Class II heirs. Daughters now have equal rights in ancestral property under the 2005 amendment.

Do daughters have equal inheritance rights in Odisha?

Yes. After the Hindu Succession (Amendment) Act 2005, daughters have equal coparcenary rights in ancestral property — the same as sons. Daughters born before 2005 also get this right. This was confirmed by the Supreme Court in Vineeta Sharma v Rakesh Sharma (2020). If you have been excluded from ancestral property, you can file a partition suit.

How do I get a succession certificate for a deceased person's bank account?

Apply for a succession certificate before the Civil Court, Cuttack — filing a petition listing the deceased's movable assets and legal heirs. The court grants the certificate after notice to interested parties. The certificate allows you to claim bank balances, FDs, shares, and other movable property. The process typically takes 3-6 months.