INDIAN SUCCESSION ACT BY ISHA JAIN @ LEXCLIQ

Indian Succession Act

The Indian Succession Act, 1925 broadly deals with the two categories of succession, viz. testamentary succession and intestate succession. In a case where there is a written will testamentary succession is applicable. On the other hand, when there is no will and the properties of the deceased need to be distributed as per the religious laws, intestate succession is applicable.

Indian Succession Act

The Indian Succession Act, 1925 is applicable to the persons of various religions. Let us discuss them one by one.

Succession for Hindus

In the case of Hindus, the laws relating to the testamentary succession are applicable as per the Indian Succession Act, 1925. However, the laws relating to the intestate succession are applicable as per the Hindu Succession Act, 1956.

In the case of intestate succession for Hindus, the Indian Succession Act, 1925 is not applicable due to the existence of the system of Hindu Undivided Family or HUF as per the Hindu Law. Thus, the Hindu Succession Act, 1956 came into existence in order to deal with the succession as per the Hindu law and culture.

Succession for Muslims

In the case of Muslims, the Indian Succession Act, 1925 is not applicable to both the testamentary and intestate succession. In their case, the succession is on the basis of the Quran and other sources.

Hedaya or Fatawa Alamgiri is the guiding authority on the subject of wills for Muslims. As per the Muslim Law, the properties of the deceased shall be applied in the payment of the following and in the order below:

  1. Funeral and death bed charges.
  2. Probate or letters of administration or succession certificate expenses.
  3. Payment of any wages due for any services to any laborer, artisan or domestic servant for rendering of services to the deceased within 3 months just preceding his death.
  4. Payment of any other debts of the deceased.
  5. Legacies to a maximum of one-third of what remains after all the above payments
  6. The remaining two-thirds shall go to heirs as on intestacy.

Succession for Sikhs

The Indian Succession Act, 1925 is applicable to laws relating to the testamentary succession in the case of Sikhs. However, in the case of intestate succession of Sikhs the Hindu Succession Act, 1956 is applicable.

Christian Succession Act

In the case of Christians the laws of Indian Succession Act, 1925 is applicable to both testamentary and intestate succession.

Succession for Jains

The Indian Succession Act includes Jains and treats them as Hindus. Thus, the provisions applicable to the Hindus are also applicable to the Jains. The testamentary succession laws are applicable as per the Indian Succession Act, 1925 while the intestate succession laws are applicable as per the Hindu Succession Act, 1956 to the Jains.

Succession for Buddhists

The testamentary succession laws are applicable as per the Indian Succession Act, 1925 while the intestate succession laws are applicable as per the Hindu Succession Act, 1956 to the Buddhists.

As per the Indian Succession Act, 1925 a will is a legal declaration of the intention of the person making it, with respect to his property, which he desires to take effect after his death. It is a unilateral or one-sided document. A will takes effect only after the death of the person making it. However, the maker can revoke or alter it at any time. The Indian Succession Act, 1925 governs the will made by a Hindu, Sikh, Christian, Jain or Buddhist. However, Muslims are not governed by this Act.

 

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