SUCCESSION ACT 1925 PDF

As to what property deceased considered to have died intestate. A has died intestate in respect of the distribution of his property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1, rupees. Devolution of such property. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.

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Your email address will not be published. The Indian Succession Act, can be broadly be divided into two categories viz. Intestate succession is applicable when a Will has not been created and the properties of the deceased person are to be distributed as per the applicable laws based on religion.

Any person who becomes a Hindu by conversion is also covered by the Act. The Act overrides all Hindu customs, traditions, and usages and specifies the heirs entitled to such property and the order of preference among them. Intestate succession is applicable to Hindus as per the Hindu Succession Act, The word Hindu includes Jains, Buddhists, and Sikhs. Succession for Christians Laws relating to both testamentary succession and intestate succession is as per the Indian Succession Act, for Christians.

Succession for Muslims The Indian Succession Act, does not apply in both testamentary and intestate succession of Muslims. For Muslims, succession is based on their personal law Uncodified Mohammedan Law based on the Quran and other sources.

A Will means a legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death. Thus a Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death.

It is a unilateral document and takes effect after the death of the person making it. It can be revoked or altered by the maker of it at any time he is competent to dispose of his property. The person who makes the will is called the testator. Executor: The term executor is defined in S. The executor is appointed by the testator himself during the making of the Will.

Thus executor derives his powers from the Will. The executor should possess all the competency required by the testator himself. The appointment of the executor may be expressed or implied. Probate can only be granted to the executor. Even a minor can be appointed as an executor but probate cannot be granted to the minor until he attains majority section , Indian Succession Act. In the meanwhile, the legal guardian of the minor can obtain Letters of Administration with the Will annexed section , Indian Succession Act.

An application for the grant of Letters of Administration by a minor through his natural guardian is maintainable in law, although no one was made an executor under the Will. Duties of Executor: To get probate granted from the Court. The High Court may prescribe the form in which an inventory or account under this section is to be exhibited.

Administrator: The term administrator is defined in S. When a person dies without making a will, he is said to die intestate. To administer the estate of such a person, a competent authority the Court appoints a person who is known as the administrator.

The Court grants letters of administration to the estate of the deceased person. When Letter of Administration is granted? Duties of an Executor or Administrator: The duties are similar to those of the executor. Previous Post. Next Post. Leave a comment Cancel reply Your email address will not be published. Thank you for your support!!! Follow Us on Facebook.

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Please contact customerservices lexology. According to section 2 f [1] of the Indian Succession Act, Probate refers to a copy of the will that is certified by the seal of a court of competent jurisdiction. Through Probate, rights pertaining administration of an estate is granted to the applicant who is an executor under the will. It is a judicial process through which the validity and authenticity of a will is determined in a court of law.

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Indian Succession Act, 1925- Bare Act

Your email address will not be published. The Indian Succession Act, can be broadly be divided into two categories viz. Intestate succession is applicable when a Will has not been created and the properties of the deceased person are to be distributed as per the applicable laws based on religion. Any person who becomes a Hindu by conversion is also covered by the Act. The Act overrides all Hindu customs, traditions, and usages and specifies the heirs entitled to such property and the order of preference among them. Intestate succession is applicable to Hindus as per the Hindu Succession Act, The word Hindu includes Jains, Buddhists, and Sikhs.

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Probate, Letter of Administration and Succession Certificates

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