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Succession

What is succession?

Passing of assets and liabilities from a dead person to a living person is called succession.

Liabilities can be transferred to the living person subject to the available assets.

 

Two terms commonly used with respect to succession are:

  1. Testamentary Succession which means the disposition of the property of an individual, generally effected by a Will or Codicil, which would take effect after his death.
  2. Intestate Succession which implies succession to the property of the deceased without him having provided for the manner in which it is to be given to his heirs.

 

RELIGION BASED APPLICABLE LAWS:

  • 1. Hindus, Buddhists, Sikhs & Jains- Hindu Succession Act, 1956.
  • 2. Muslims – shariat – Muslim Personal Law.
  • 3. Parsis, Christians, Jews, others married under Special Marriages Act – Indian Succession Act, 1925.
 
Hindu Succession Act, 1956

Who is an Hindu…?

This Act applies:-

  1. To any person, who is a Hindu by religion in any of its forms or developments including a Virashalva, a Lingayat or a follower of the Brahmo, Prathana or Arya Samaj.
  2. To any person who is Buddhist, Jain or Sikh by religion.

 

Muslim Personal Law

All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. … These laws are not applicable in Goa state, where the Goa Civil Code is applicable for all persons irrespective of religion.

 

Indian Succession Act 1925

  • To whom does this act applies:
  • 1. Europeans by birth or descent domiciled in India. Other Europeans and English subject if they own immovable property in   India.
  • 2. Persons of mixed Europeans and Native Blood.
  • 3. Indian Christians.
  • 4. Jews
  • 5. Parsi
  • 6. Hindus, for Testamentary Succession.
  • 7. Muhammadan, many provisions of testamentary succession apply  to Muslims.
  • 8. Person Marring under Special Marriage Act.

 

 

 

Admin- Rajen Gala

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