The Indian Succession Act of 1925 deals broadly with a couple of categories of succession; intestate succession and testamentary succession. This act comprises 391 sections, seven schedules, and 11 parts. In cases where a written will testamentary is present, succession happens to be applicable. Contrarily, some intestate succession happens to be applicable in the absence of a will and when the deceased’s properties are needed to be distributed according to the religious laws.
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The Application of the Indian Succession Act
The law of succession in India applies to various persons of different religions. Some of them are:
Succession for Muslims
When the matter zeroes on Muslims, the Indian Succession Act of 1925 does not apply to intestate and testamentary succession. In the matter of Muslims, the succession happens based on the Quran besides other sources. Fatawa Alamgiri or Hedaya is believed to be the guiding power on the issue of the Muslims’ Wills. According to the Muslim law, a deceased’s properties are applied for paying the following:
Succession certificate expenses or probate or some letters of administration
Funeral as well as charges for death bed
Payment of the wages that are due to an artisan, domestic servant, or labourer for the services they have rendered to the dead and that too within three months after his death
Legacies to a max. of 1/3rd of what remains when all the payments have been made
Payment of the deceased’s other debts
The remaining 2/3rds go to the heirs.
Hindu Succession Act
When the matter zeroes on Hindus, then the laws related to the testamentary succession are applied according to the Indian Succession Act 1925. Nonetheless, the rules pertaining to intestate succession emerge to be used according to the Hindu Succession Act of 1956.
For the Hindus’ intestate succession, the Indian Succession Act does not apply because of the presence of HUF or Hindu Undivided Family according to the Hindu Law. So, the Hindu Succession Act of 1956 came into play for handling the succession according to the culture and law of the Hindus.
Succession for Sikhs
In the matter of Sikhs, the Indian Succession Act of 1925 applies to laws that are connected to testamentary succession. Nonetheless, in the case of Sikhs’ intestate succession, the Hindu Succession Act of 1956 gets used.
Succession for Jains
Jains are also included in the Indian Succession Act. The exciting thing is this act considers Jains as Hindus. And so, the provisions that are applied to the Hindus happen to also apply to the Jains. According to the Indian Succession Act of 1925, the testamentary succession laws happen to be applicable. In contrast, according to the Hindu Succession Act of 1956, successful intestate laws tend to be helpful to the Jains.
Succession for Buddhists
According to the Indian Succession Act of 1925, the testamentary succession law is applicable, whereas the intestate succession law applies according to the Hindu Succession Act of 1956 to the Buddhists.
Christian Succession Act
Christianity is considered the 3rd most prevalent Indian religion. Though the Christians of India happen to be united according to their faith, they tend to be varied in their practices as they have various denominations. Some synergetic effects have resulted in cultural variations, and they have gained legal recognition either judicially or statutorily. It has resulted in diversity in some law applications, while ambiguity is highly prevalent in the Christian laws of succession.
This ambiguity and diversity have resulted in an enactment of the law of succession in India. In brief, succession handles how a deceased’s property gets devolved to his heirs, which can be self-acquired or ancestral. Again, it might devolve in a couple of ways;
By Intestate Succession – In intestate succession, the deceased does not leave a Will and the law that governs the deceased steps in. And he decides how his estate would devolve.
By Testamentary Succession – In the matter of testamentary succession, the deceased leaves a Will, and his property gets bequeathed to the particular heir or hier.
In conclusion, the law of succession in India is a crucial aspect of the judiciary. It is a meticulous law that aims to make the succession of property seamless.
FAQs on Indian Succession Act
1. How Does Execution Play an Important Role in the Law of Succession in India?
A testator executes a Will. He signs or puts his mark on the Will in a way so that he can clarify his intent very well. Nearly a couple of persons must witness this particular method of execution that the testator does, and they must work as attesting witnesses. They must put their marks or sign when the testator remains present. It seems feasible to see that the signature has been put towards the bottom of the will. A skilled person in writing makes the subject to the Will. The testator executes it, and nearly two witnesses attest to it.
2. What Does a Will Feature?
Some essential features of a Will are:
Legal Declaration – A document that purports to be a testament or a Will should be legal, which means it must be according to the law. Again, a lawfully competent person should execute it.
The Disposition of the Property – When there is a Will, the testator either leaves his property to a person he selects for leaving his assets or bequeaths it. A Hindu person is capable of bequeathing all his property.
A Will comes into Effect after the Death of a Person – A Will becomes enforceable after the testator dies. When a Will gets registered, it is kept in the Registrar’s safe custody, and so, no person can destroy, steal, mutilate, or tamper it.
3. What are the types of wills?
Conditional Wills – A couple of or more than two people are capable of making a Joint Will. When a Will happens to be joint and aimed to take effect when both die, then it won’t be subjected to probate at the lifetime of either person.
Mutual Wills – Mutual Wills are also recognised as reciprocal Wills. A couple of or more than two people agree to make mutual wills. In this Will, a testator confers benefits on each other. However, when the testators and legatees happen to be distinct, then it isn’t a mutual Will.
Privileged Wills – These Wills are specific categories of general Wills. So 65 and 66 happen to be specific provisions that apply to the privileged Wills, but other sections related to Wills are standard provisions that work as supplementary.
