Succession Laws In India In A Nutshell
Succession laws in India govern the orderly distribution of a deceased person’s assets and estate. These laws establish the framework for determining who inherits the property, assets, and belongings left behind by the deceased individual. It is important to note that these laws do not apply to corporate entities with perpetual existence, as they are governed by separate legal provisions related to dissolution, reorganization, and closure.
Indian succession laws can be broadly categorized into two main parts:
Testamentary Succession: This category deals with cases where the deceased individual has left behind a valid and legally enforceable document known as a “will.” In such cases, the distribution of the deceased person’s estate is carried out in accordance with the instructions outlined in the will.
Intestate Succession: This category comes into play when a person passes away without leaving a valid and enforceable will. In such situations, the principles governing the distribution of assets are determined by the personal laws applicable to the deceased individual based on their religion.
Let’s delve deeper into some key aspects of succession laws in India:
Wills and Essential Requirements of a Valid Will:
A “will” is a written document that expresses the desires and intentions of the deceased person concerning the distribution of their estate after their demise.
For a will to be considered valid and legally enforceable, it must meet certain essential requirements.
The person creating the will, referred to as the “testator,” should have the legal capacity to enter into an agreement. This means that minors or individuals under the influence of intoxication, coercion, fraud, or severe illness that impairs their free will or understanding cannot create a valid will as long as such conditions persist.
The Indian Succession Act of 1925, which governs wills, does not prescribe a specific format or technical requirements for wills. The primary requirement is that the testator’s intentions must be clear and discernible from the document.
A valid will should be signed by the testator and witnessed by two individuals. In cases where a witness cannot physically sign (due to illiteracy or illness), they may use their thumb impression as a substitute. The testator’s signature should be placed at the bottom or conclusion of the document.
The witnesses to the will should be impartial individuals and must not be beneficiaries under the will. If a witness is also a beneficiary, any disposition in their favor under the will may be considered void, but their role as a witness remains valid.
The Indian Succession Act does not mandate that wills be executed on stamp paper.
Registration of wills is not a legal requirement.
Probate:
Probate is the legal process of proving the validity of a will.
It is necessary only in the jurisdictions of high courts in Mumbai, Kolkata, and Chennai. In all other locations, probate is not obligatory, except when dealing with properties situated within the jurisdictions of these three cities.
To obtain a probate, the executor named in the will must submit a suitable petition to the court. This petition should include details about the testator’s death, confirmation that the document is the last will of the testator, evidence of proper signing and witnessing of the will, an estimate of the assets likely to come into the petitioner’s possession, and information about the court’s jurisdiction based on the testator’s domicile or property location.
The burden of proof to establish the legality and genuineness of the will lies with the propounded, the party seeking probate. This involves demonstrating the absence of suspicious circumstances, proving the testator’s capacity to make a will, and establishing the authenticity of the testator’s signature.
Intestate Succession:
Intestate succession applies when there is no valid will left by the deceased person.
The rules governing the distribution of assets under intestate succession are determined by the personal laws applicable to the religion of the deceased individual.
Different sets of laws apply to Hindus, Muslims, and Christians in India.
Hindus: The Hindu Succession Act of 1956 governs intestate succession for Hindus. It distinguishes between various classes of legal heirs, with priority given to Class 1 relatives, such as the spouse, children, and other close relatives. If there are no Class 1 relatives, Class 2 relatives inherit the estate. The law also accounts for agnates and cognates as potential heirs.
Muslims: Intestate succession for Muslims is not codified and can vary between Shia and Sunni sects. Generally, legacies are limited to one-third of the remaining estate after settling specific expenses.
Christians: Christians follow different laws for intestate succession, with the surviving spouse and lineal descendants having priority.
In summary, succession laws in India are intricate and multifaceted. They address the distribution of assets both when a valid will exists and when it does not, taking into account the religion of the deceased person. Understanding these laws is crucial to ensure a smooth transition of assets following an individual’s passing.
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