Legal & Compliance
Indian Succession Law
The Legacy pillar is built on an understanding of Indian succession law. This page explains the legal framework, why nominee and legal heir are not the same thing, and what Teravu does and does not do.
Teravu is not a law firm.
Nothing on this page or in the Legacy pillar constitutes legal advice. Will templates generated by Teravu are drafts to take to a qualified lawyer for review, attestation, and (where required) probate. Always consult a lawyer for estate planning decisions.
Nominee vs legal heir — the most important distinction
This is the most commonly misunderstood concept in Indian estate planning. Teravu surfaces it prominently in the Legacy pillar because the gap between nominee and legal heir affects nearly every Indian family.
Nominee
A person you designate to receive an asset on your death. Banks, mutual funds, insurance policies, EPF, PPF, and NPS all allow nominee designation.
A nominee is a trustee, not an owner. They receive the asset on your behalf but may have to hand it over to your legal heirs.
Legal heir
The person legally entitled to inherit your property under applicable succession law (depending on your religion and the type of asset).
Your legal heirs may be different from your nominees — especially for bank accounts, where nomination law differs from succession law.
Example: If you nominate your spouse for your bank account and your will leaves it to your children, the nominee (spouse) receives the funds initially but must hold them in trust for your children (legal heirs). Disputes arise when nominees refuse to hand over — or when nominees predecease the account holder.
Teravu flags every asset where the nominee and the declared legal heir do not match. Resolving these mismatches — by updating nomination, updating the will, or both — is the core of legacy readiness.
Personal law framework
Indian succession law is not uniform. Which law applies to you depends on your religion and how you were married.
Indian Succession Act, 1925
Applies to: Christians, Parsis, Jews, and others not governed by a specific personal law
Governs wills and intestate succession. Wills must be attested by two witnesses. Probate may be required in certain presidencies.
Hindu Succession Act, 1956
Applies to: Hindus, Buddhists, Jains, and Sikhs
2005 amendment gave daughters equal coparcenary rights in HUF property. Intestate succession follows class I and class II heirs.
Muslim Personal Law (Shariat) Application Act, 1937
Applies to: Muslims (governed by Hanafi / Shia / Shafi'i school depending on community)
A Muslim cannot will away more than one-third of their estate to non-heirs. The remaining two-thirds devolves by the Quranic rules of inheritance.
Indian Succession Act, 1925 (Christian provisions)
Applies to: Indian Christians
Same Act as above but with specific provisions for Christian marriages and testamentary succession.
Parsi personal law
Applies to: Parsis (Zoroastrians)
Governed by Indian Succession Act with specific Parsi intestate succession provisions (Part V of the Act).
Special Marriage Act, 1954
Applies to: Persons married under SMA regardless of religion
Intestate succession of property devolves per Indian Succession Act, not the personal law of the religion.
Teravu tags every will draft with the applicable legal frame and surfaces the relevant provisions. The tag is for educational context — not a legal determination.
Will templates — what they are and what they are not
Teravu generates will draft templates based on your declared assets, nominees, and legal heirs. These templates:
- Are watermarked "DRAFT — Take to your lawyer before signing".
- Are educational starting points, not legally valid instruments until signed, attested, and (where required) probated.
- Are tagged with the applicable personal law frame for your situation.
- Include a checklist of steps required to make the will legally valid under Indian law.
Teravu does not witness wills, provide notarization, or file for probate. These are legal services that require a qualified professional.
Dead man's switch — a note on process
The Legacy handover packet is released to designated trustees only after:
- An inactivity threshold is crossed (default: 90 days, configurable by you).
- Out-of-band confirmation from at least one registered trustee.
- A cooling-off window (default: 14 days) during which you can cancel the release by logging in.
This is a technical convenience mechanism — it is not a legally certified death verification. Trustees receiving the handover packet are responsible for using it appropriately under applicable law.