Complete Guide on Succession Act
Date : 16 Jul, 2021
Post By Advocate Osheen Chawla
The legal principles governing the distribution of a deceased person's assets are known as succession laws. These include the order in which one person succeeds to the deceased person's property/estate in preference to another, one person after another, or anyone person in particular shares with any other person. Corporate people with a continuous existence are exempt from this and must follow their own laws for winding up, reorganization, and closure. The laws of succession can be separated into two categories: first, where the deceased has left behind a legal and enforceable ‘Will,' and second, where the deceased has died without such a ‘Will. Hindus' Succession: The Indian Succession Act, 1925, governs Hindu testamentary succession. Hindus are subject to the Hindu Succession Act of 1956, which governs intestacy. The Indian Succession Act does not apply to Hindus because one of the most fundamental aspects of Hindu law is the Hindu Undivided Family system (HUF). As a result, the Hindu Succession Act of 1956 was passed to address Hindu succession according to Hindu law and tradition Wills and the necessary conditions for a valid will: A will is a written document that expresses a deceased person's wishes for the disposal of his estate. If the Will is deemed to be legitimate and enforceable, the deceased's estate will be divided according to the terms of the Will. Any person who is capable of engaging in an agreement can make a will. Minors or anyone under the influence of intoxicants or any other influence such as coercion, fraud, or a bout of illness that robs him of his free will or the ability to grasp the consequences of his actions are unable to make a Will while in this state. Consult the best lawyer online The Wills Act of 1925 in India does not specify any specific format or technical requirements. The following are the most important prerequisites: It should be worded in such a way that the writer's (known as Testator) objective is evident. Because the goal is to carry out the Testator's wishes, minor mistakes in the name or details of the property can be overlooked, and the entire document can be read to fully comprehend the original intent. The Testator and two witnesses should all sign it. Those who are unable to sign (due to illiteracy or infirmity) can make an impression with their thumb. The signature should be at the bottom or end of the document to show that it is there to give effect to whatever comes before or after it. Witnesses should be self-sufficient and not Will beneficiaries. Any dispositions in their / their wife's favour would be nullified. His signature as a witness, however, would be valid. The Act doesn't specify any technical terms or formats. Will don't have to be written on stamp paper, though. The registration of wills is optional. The appointment of Executors in a Will is common practice. Beneficiaries and Executors are two different types of people. The bequest is void if it is made to a person by a specific description and there is no one who matches the description at the time of the testator's death. However, if the legatee dies before the testator, the bequest will pass to the legate's lineal descendant and will not expire
Probate: Probate is defined as the process of proving the validity of a will. Only the High Courts of the former presidential cities of Mumbai, Kolkata, and Chennai require probate. Except in the jurisdictions of Mumbai, Kolkata, and Chennai, probate is not required in other areas The burden of proof is on the propounder, according to the Supreme Court in K Laxmanan vs Thekkayil Padmini & Ors (2009 AIR SCW 10) He must demonstrate the legality and authenticity of the Will by demonstrating the absence of any suspicious circumstances, testamentary capacity, and the testator's signature. The succession of intestates: Intestate Succession refers to the succession of someone who dies without leaving a valid and enforceable Will. In this case, the principles of wealth distribution are based on the Deceased's personal laws. If a person forms a Will for only a portion of their property and leaves the balance out, or if the Will is deemed to be invalid for any reason, the balance property will devolve according to Intestate succession principles. Male Hindu - Legal heirs in Hinduism are divided into four categories i.e up to three generations including the last holder. If someone is available, the property will be handed to the Class 1 legal heirs. The widow, mother, and each of the children would receive an equal share of the property. If one of the children dies, his or her spouse and children will receive his or her portion collectively. In the event that there are no class 1 heirs, the property will be distributed to class II heirs first. Agnates (relation through male)and Cognates (Relation through female) are the third and fourth classes, respectively (relations through females). If there are no heirs in class II, the deceased's agnates will inherit, and if they do not, cognates will. If no Agnates or Cognates are found, the estate will pass to the government under section 29 of the Hindu Succession Act. Female Hindu- If neither of the class 1 heirs is present, the estate will pass to the husband's heirs. If the husband has no heirs, the estate will pass to the deceased's mother and father, assuming they are still alive. Property inherited by a Hindu woman from her father or mother is subject to a particular rule. If she dies without leaving behind a son or daughter, the property will transfer to her father's lawful heirs Get in touch with the best property lawyer For Muslims succession: In both testamentary and intestate succession, the Indian Succession Act, 1925 does not apply to Muslims. The Quran and other sources are used to determine succession for Muslims. The Hedaya or Fatawa Alamgiri is the most authoritative work on the subject of Muslim wills. According to Islamic law, the deceased's estate must pay the following items in order- Expenses associated with funerals and charges incurred at the time of death Expenses are associated with obtaining a grant of probate, letters of administration, or a succession certificate. Wages owed to the deceased by any laborers, craftsman, or domestic servant within the three months immediately before his or her death. Other obligations owed by the deceased, ranked by priority (if any) Not more than one-third of what's left after all of the foregoing payments are made In the event of intestacy, the remaining two-thirds of the estate shall be distributed among heirs
For Christians succession: One-third of the inheritance belongs to the widow/widower, and the rest goes to the lineal descendants. If there are no lineal offspring, one-half of the estate goes to the widow and the other half goes to the other relatives, i.e. the estate is kindred. Each child, or if he is deceased, his offspring together, will receive an equal portion among the lineal descendants. The father is given first priority in the kindred, and if he is deceased, the mother, brother, and sister (or their children along if any of them is deceased) are all given equal consideration.
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