SUCCESSION ACT applicable to(1) (1).pptx

Succession act study bote

1. SUCCESSION ACT APPICABLE TO HINDU,MUSLIM AND CHRISTIAN PRESENTED BY MOHANDAS.P

2. The Hindu Succession Act 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindu, Budhist , Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession in to one Act. The Hindu Succession Act 1956 bases its rules of succession on the principle of propinquity ie ; preference of heirs on the basis of proximity of relationship

3. Under Indian Succession Act 1925, a will is a legal declaration of the intention of testator, with respect to his property which he desires to be carried in to effect after his death. After death of a person, his property devolves in two ways-according to his will ie : testamentary or according to the respective law of succession, when no will is made.

4. Heirs of a Hindu Male The heirs of a Hindu Male falls under the following categories: Class I Heirs Class II Heirs Agnates Cognates Government   Shares of Class I Heirs : Section 10 of Hindu Succession Act deals with distribution of property. The heirs in the branch of each predeceased daughter of the intestate shall take between them one share.

5. Shares of Class II HEIRS : Each will take per capita AGNATES: When a person traces his relationship to the propositus wholly through males, he is an agnate. Succession goes to the agnate. There are descendant agnate, ascendant agnate and collateral agnate. When succession goes to the agnate, the most likely heirs will be among the collateral agnates. COGNATES: The classification of cognates will be on the same basis as agnates. GOVERNMENT: ESCHEAT- If a Hindu male has no heirs under all the preceding four heads, the Government takes the property as a heir. This is known as escheat.

6. SUCCESSION IN PROPERTY OF A HINDU FEMALE For the purpose of succession, the property of a Hindu Female falls under following three heads. 1) Property inherited by a female from her father or mother. 2) Property inherited by female from her Husband or Father in Law and 3) Property obtained by her from any other source by inheritance or others.

7. PROPERTY INHERITED FROM FATHER OR MOTHER : Under section 15 (2), the property which she gets as gift at the time of marriage from her father or mother is governed by Section 15 (1). Property belonging to maternal grand mother of deceased would go to her children and husband. PROPERTY INHERITED FROM HUSBAND OR FATHER IN LAW: The heirs will fall in to two categories (1) Sons, Daughters son and daughters of predeceased son, and son and daughter of predeceased daughter and (2) Upon heirs of the husband. GOVERNMENT : If she dies leaving no relations, the government takes the property.

8. SUCCESSION UNDER MUSLIM LAW The Muslim Law of inheritance derives its principles from four principal sources of Islamic Law. They are: The Holy Quran The Sunna (it is the practice of the Prophet) The Ijmaa ( It is the consensus of the learned men of the community on what should be the decision over a particular subject matter) The Qiyas ( It is the deduction based on analogy on what is right and just in accordance with God) In the case of non-testamentary succession, the Muslim Personal Law ( Shariat ) Application Act 1937 will govern it. In the case of testamentary succession the Shariat law of Muslim applies for the inheritance of the property of the deceased, which is as applicable to Shia and Sunni.

9. SUCCESSION UNDER CHRISTIAN LAW As per Section 48 where the intestate has left neither linear descendant nor parent nor sibling, his property shall be divided equally among those of his relatives who are in the nearest degree of kin to him. The act recognises three types of heirs for Christians: the spouse, the linear descendant and the kindred. The Christian daughter has no pre-existing rights to the family property but she has right when parents die intestate. Till January 1986, Christians in the state of Kerala where governed by two different act-those domiciled in Cochin where subject to the application of the Cochin Christian succession act 1921 while Travancore Christians where governed by Travancore Christian succession act 1916.Despite these variance overall law for Indian Christians in effect is the Indian Succession Act,1925.

10. MaryRoy Vs State of Kerala 1986 Mary Roy’s legal battle ensured all daughters got justice in India. The supreme court reaffirmed the equal rights of daughters on their father’s property. Even if their father dies before the Hindu Succession (Amendment) Act,2005 came into effect, the right remains. She challenged the Travancore Succession Act 1916.