Indian Succession Act

The term "succession" describes a circumstance in which a person receives a title or property from his ancestors. When there is an intestate transaction or a transfer of property by application of law, succession rules are relevant. Different personal laws govern succession in India. These laws include the Indian Succession Act 1925, Muslim law that applies exclusively to Muslims, and Hindu law that applies only to Hindus. It applies to people of all faiths, except for Muslims, who are subject to their specific laws of succession. It establishes the guidelines for both the division of a person's assets upon death (intestate) and the process by which assets of a person who passes away testate are divided.

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This Story also Contains

1. Evolution of Succession Rights in India
2. The Indian Succession Act 1925
3. Essential Elements of a Will
4. The Hindu Succession Act 1956
5. What distinguishes the Hindu Succession Act from the Indian Succession Act?
6. Case Laws
7. Hindu Succession Act 2005
8. Conclusion

Evolution of Succession Rights in India

• The term "intestate transaction" pertains to the rules of inheritance that come into play when the owner of the last piece of property passes away without leaving behind a will, a present, or any other agreement specifying how the property should be distributed. Should the ultimate beneficiary die without a will, it will dictate the distribution of their assets.
• In India, it is widely believed that the rules governing divorce, child support, and wealth split would be the same regardless of the specific legal system in place. In this regard, if a marriage is registered under the Hindu Marriage Act, of 1956, Hindu Laws will also govern the divorce procedure, the payment of child support, and the allocation of assets. The Hindu Succession Act, of 1956 will also govern property distribution. Specifically, the law-making group revised multiple sections of the Hindu Succession Act, 1956 in 2005.
• Before the 2005 amendment, only males were permitted to inherit property; daughters were not recognised as co-owners and had no rights to property during asset distribution or split. Not only did regulations about inheritance evolve under the Hindu Succession Act, but the Indian Succession Act also underwent changes that made it more beneficial for both sons and daughters, rather than only boys.

The Indian Succession Act 1925

On October 30, 1925, the Indian Succession Act 1925 was unveiled. This act was implemented to prevent disputes within families over the distribution of ancestral assets among the descendants. The Indian Succession Act of 1925 outlines the steps for distributing a person's belongings upon their death through a will, and it also regulates the distribution of assets to beneficiaries in the event of a person's death without a will. The Indian Succession Act was enacted to tackle the disputes that emerge when the head of the family dies without leaving a final will. The legislation clearly states that if the main provider or the owner of the property dies without distributing the property to his descendants, then as per the Indian Succession Act 1925, the property will be shared equally among all the descendants. Different religions have specific rules that are implemented without violating any religious convictions.

Key Features of the Indian Succession Act 1925

The key characteristics of the Indian Succession Act 1925 include:

Section 63 of Indian Succession Act

Section 63 of the Indian Succession Act deals with the execution of unprivileged wills. It specifies that the testator must sign or affix his mark to the Will, or that it be signed by another person in his presence and under his command.

Section 276 of Indian Succession Act

Section 276 of the Indian Succession Act of 1925 addresses petitions for probate or letters of administration.

Section 372 of Indian Succession Act

Section 372(1)(d) requires the petitioner to specify the right he or she claims, implying that the claimant must have some title or interest in the debt. If the individual with the title or interest is a minor, he is the only one who may seek for a succession certificate.

What is a Probate Certificate in the context of the Indian Succession Act 1925?

According to the Indian Succession Act of 1925's Section 2(f)[1], "probate" is described as a will that has received the court's official stamp of approval. The person applying (who serves as an executor under the will) is granted privileges concerning the management of a deceased person's assets via the probate process. The court adheres to a legal procedure to ascertain the validity and genuineness of a will. This includes identifying the beneficiaries, the executor of the will, and the value of the estate.

Who are the Claimants in the Indian Succession Act?

As per the Indian Succession Act 1925, the heirs are given to the kin, which includes the children of the deceased son/daughter, spouse, and brother, among other family members. Additionally, it's stated that if the person who passed away's parents are alive, then the inheritance will be passed on to them. This usually happens with Hindu women. In the Hindu Succession Act, there's a distinct rule regarding property that a woman Hindu inherits from her father or mother. Should she not have a son or daughter, the property will be passed on to her father's legitimate descendants.

Essential Elements of a Will

A Will under the Hindu Succession act is a legal piece of paper that can be made by people who are 18 years or more in age. In a Will, the individual decides how to allocate their possessions and assets to their beneficiaries in any way they wish. Important elements consist of:

• Testamentary Ability: The individual creating the will needs to be mentally sound and older than the age of majority.

• Execution and Attestation: The will needs to be signed by the creator in the company of two observers.

• Reversibility; The person making the will can change or cancel it at any point throughout their life.

Passing on Without a Will

When a person dies without leaving a will, the Indian Succession Act ensures an equitable division among the rightful heirs. This process involves issuing a death certificate, sending out legal notices for any claims, and finally allocating the property in line with the legal system. Individuals looking to gain a more profound insight into the process of handling certain elements of the Indian Succession Act, like Probate, Letters of Administration, and Succession Certificates, in intricate situations.

The Hindu Succession Act 1956

The Hindu Succession Act 1956, pertains to the distribution and transfer of assets after death. This legislation establishes a detailed and consistent framework that includes both the transfer of power and the distribution of assets. This legislation also addresses the matter of succession by individuals who die without a will (testamentary succession). Hence, this legislation encompasses all elements of Hindu inheritance and incorporates them within its scope.

The two well-known legal systems, sometimes referred to as the Dayabhaga School and the Mitakshara School, lay the groundwork for Hindu personal law. According to the Mitakshara School, there are two methods for passing property down, as follows:

• Devolution via Survivorship

• Devolution of Succession

The concept of survivorship is applicable only when it pertains to property jointly owned by a family or divided among siblings. Conversely, the rules regarding the transfer of property that isn't jointly owned by someone else are applicable in this situation. Nonetheless, the Dayabhaga educational system prioritizes succession as the sole method of passing on property.

Applicability; The Hindu Succession Act, 1956

Section 2 of this legislation specifies the scope of this legislation. This legislation applies to:

• Individuals who identify as Hindu, whether through their religious beliefs or various sects and branches, such as Virashaivas, Lingayats, or Brahmos, who are members of Prarthna or Arya Samaj, are considered part of this group.

• People who follow Buddhism, Sikhism, or Jainism are also included in this category.

• Any individual who does not belong to the Muslim, Christian, Parsi, Jewish, or Hindu faiths, unless it can be demonstrated that this individual would not be subject to Hindu law or tradition.

• This regulation will also be implemented across the whole nation of India.

• However, this section will not be operational for any Scheduled Tribes as outlined in Article 366 of the Constitution, unless there's a contrary directive from the Federal Government issued through a notice in the Official Gazette.

Laws of Succession in Other Religions;

Muslim Laws

The laws of inheritance in Islam, which are based on religious guidelines, vary from those outlined in the Indian Succession Act. Main characteristics encompass predetermined inheritances for descendants, Agnatic Succession within Sunni beliefs, a focus on hereditary ties by Shia, predetermined inheritances for kin, inheritance through wills up to one-third, a preference for males as heirs due to gender roles, continuous discussions for changes, and difficulties in applying consistently.

Christian Laws

In India, the 1925 Indian Succession Act dictates how property is passed down among Christians. It provides for wills that are adaptable, guarantees fair distributions among main beneficiaries in cases without a will, offers a portion to widows, supports equal distribution among sons and daughters, and encounters difficulties in intricate situations. Changes are restricted.

Parsi Laws

In India, Parsis follow the Indian Succession Act of 1925 to pass down property and merge legal regulations with distinct cultural traditions. Estate planning enables the distribution of assets through wills, which frequently necessitate legal validation. In situations where there's no will, the law guarantees that both males and females receive equal shares of the estate.

What distinguishes the Hindu Succession Act from the Indian Succession Act?

The distinctions between the Indian Succession Act 1925 and the Hindu Succession Act include the following:

Case Laws

Madhavi Amma Bhawani Amma and others v. Kunjikutti Pillai;

The primary inquiry posed in this appeal concerns, whether a decision issuing a Succession Certificate under Section 373 of the Indian Succession Act 1925 would serve as a final judgment to the case for division submitted in a civil court by the same individuals.

The brief details are as follows:

The case was about making a formal statement, dividing the property, and getting back ownership of the schedule of properties in the lawsuit. The mentioned defendant also submitted O.P. No. 33 of 1974 in the same court to get a Succession Certificate so they could receive funds from the Life Insurance Corporation.

John Vallamattom and Anr. vs Union of India (Uoi) on July 21, 2003

Priest Father John Vallmattom (Petitioner 1) hailed from the Kothamangalam diocese in Kerala and was a Roman Catholic Priest. The other petitioner, also a Christian, also opposed the Indian Succession Act, of 1925 (the 'Act'), focusing specifically on Section 118 of the Act. They argued that the rule stopped members of the Christian group from transferring assets for religious or charitable uses, making it discriminatory. Section 118 originated from old British laws. Beginning with the Charitable Uses Act of 1735, any bequest for charitable reasons was considered invalid by nature. The original law was superseded by the Mortmain and Charitable Uses Act of 1888 (Mortmain). Under Mortmain, charitable organizations were mandated to obtain royal permits for any sale or donation of assets or risk losing their assets to the Crown.

Hindu Succession Act 2005

• The Hindu Succession (Amendment) Act of 2005 made a significant contribution by providing coparcenary rights to daughters. Following the Hindu Succession (Amendment) Act of 2005, a daughter has the same rights as a son to become a coparcener.
• The Supreme Court ruled that a woman/daughter is deemed a joint legal successor with a son and can inherit ancestral property in the same way as a male heir can, regardless of whether the father died before the Hindu Succession (Amendment) Act, 2005, went into force.

Conclusion

The Indian Succession Act of 1925 is an essential law that regulates the transfer of property and inheritance in India. Ensuring an orderly and equitable transfer of assets among heirs following an individual's death is its main goal. Aspects like intestate succession, testamentary succession, and estate administration are all covered under the Act. One of the major strengths of the Act lies in its all-encompassing strategy for inheritance, which covers people from both Hindu and non-Hindu backgrounds.