Category: Family Laws
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Capacity to Make a Will (Testamentary Capacity) Ss. 59 and 60 of the Indian Succession Act, 1925
Testamentary succession occurs when a person dies and leaves a will. Their property will be distributed as they bequest in the will however legal rights will still have to be satisfied. According to section 2(h) of the Indian Succession act, 1925 A will is defined as the legal declaration of the intention of a testator with…
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Kinds of Wills
According to section 2(h) of the Indian Succession act, 1925 A will is defined as the legal declaration of the intention of a testator with respect to his property, which (intention) he desires to be carried into effect after his death. The General Clauses Act, 1897, defines the term will to include “a codicil and…
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Will: Testamentary Succession
Succession is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance of a person, are transmitted through his death to another or others either by his will or by operation of law. In last few articles we saw what happens when a…
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Heirs: A legal view
Intestate succession occurs when someone dies without a will. The portion of a deceased person’s estate that’s bequeathed to an heir is known as an inheritance. When there is more than one heir with the same relationship to the deceased, then property is devolved among them equally. There are following possibilities under which the deceased…
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Succession: A Legal View
The term “succession” ordinarily means the transmission of the property and the transmissible rights and obligations of the deceased. The property may be ancestral or self-acquired. In all countries, Succession is regulated by law. There are systems in which religion has played a prominent part in the development of the law of succession. The Hindu…
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Intestate Succession in Parsis (Ss. 50 to 56 of the Indian succession Act, 1925)
The word “Parsi” has not been defined in the Indian Succession Act. Under the Parsi Marriage and Divorce Act, the term refers to a Parsi Zoroastrian. So, the children of a Parsi father would be Parsis, even if their mother is a non–Parsi, provided they are admitted into the Parsi religion and profess the Zoroastrian…
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Intestate Succession in Christians (Ss. 29 to 49 of the Indian succession Act, 1925)
The term “succession” ordinarily means the transmission of the property and the transmissible rights and obligations of the deceased. The property may be ancestral or self-acquired property may devolves in two ways i.e., a) By testamentary succession i.e., the deceased died by executing will bequeathing his properties to specific heirs and b) By intestate succession…
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Situational Problems Based on Domicile
In this article we shall apply the concept of domicile under the Indian Succession act to decide succession of movable property and immovable property. Problem 01: A, born of British parents in England in 1854, came to India in 1880 to serve as a missionary and except for visits to England on leave for six…
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Domicile by Operation of Law (Ss. 14 – 19 of the Indian Succession Act, 1925)
The concept of Domicile plays a necessary element in having the ownership of their property, taxes, will, their childbirth, and, also their marriage validity. Domicile means a permanent home or place where a person resides with the intention of remaining there for an indefinite period. The domicile is secured of every individual as soon as…
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Domicile of Choice (Ss. 9 – 13 of the Indian Succession Act)
The domicile is secured of every individual as soon as he/she is born. The domicile obtained due to birth is called domicile of origin. This domicile may change due to domicile by choice or domicile by the operation of the law. Domicile plays an important role in the writing of Will, intestate succession and succession…