The Indian Succession Act

The Indian Succession Act came into operation on 30th September 1925 and it seeks to consolidate all Indian Laws relating to succession. It has no retrospective operation and is applicable to intestate and testamentary succession.

INTESTATE SUCCESSION

Intestate means when person dies without making a will, which is capable of taking effect. The property devolves upon the wife or husband or upon the relatives of the deceased in the following manner.

If A has left no will- He has died intestate in respect of the whole of his property.

A has left a will, whereby he has appointed B his executor; but the will contains no other provisions- A has died intestate in respect of the distribution of his property.

A has bequeathed his whole property for an illegal purpose - A has died intestate in respect of the distribution of his property.

When a will is partially incapable of being operative- A has bequeathed RS 1000 to B and RS 1000 to the eldest son of C, and has made no other bequest; and has died leaving the sum of Rs. 2000.00 and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of Rs.1000.

    Hindus, Muslims, Buddhist, Sikh, Jana- This part does not apply to the property of any Hindu, Mohammedan, Buddhist, Sikh or Jaina. Muhammadans are governed by Mohammedan Law of Inheritance and the Hindus Buddhists, Sikhs and Jainas by the Hindu Succession Act, 1956.
Parsis- The following provisions do not apply to Parsis.

Special Marriage Act- Notwithstanding anything contained in the Indian Succession Act with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under the Special Marriage Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act.

However if two persons who are Hindus get married under the Special Marriage Act the above provision does not apply and they are governed by the Hindu Succession Act.

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