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 community is a typical example of that kind.

Characteristics of Succession:

The main characteristics of succession are as follows:

• It is a mode of acquisition;
• Only property, rights and obligations to the extent of the value of the inheritance are transmitted;
• The transmission takes place only at the time of death;
• The transmission takes place either by will or by operation of law.

Requisites of Succession:

The requisites of succession are as follows:

• Death of decedent;
• Acceptance of the inheritance by the successor;
• Transmissible estate;
• Existence and capacity of successor, designated by decedent or law

What is not Transferred in Succession?

Following rights do not get transferred during succession:

• Purely personal rights;  
• Rights which are made non-transferable by stipulation of the parties;
• Rights which are non-transferable by provision of law.  

Rights Extinguished at the Time of Death:

Following rights of deceased get extinguished at the time of the death:

• Partnership rights
• Agency. It is a consensual relationship created by contract or by law where one party, the principal, grants authority for another party,
• Personal easements. Personal easement is a personal right of its holder to a use of another’s land.
• Usufruct. A usufruct is a legal right accorded to a person or party that confers the temporary right to use and derive income or benefit from someone else’s property.
• Legal support
• Parental authority

Notes:

• Monetary obligations are not transmitted to the heirs.
• Non‐monetary obligations are transmitted to the heirs.
• It is the estate that pays for the debts left by the decedent. The heirs assume liability for the debts of the decedent, although it is limited only to the extent of the value of the inheritance received. The heirs are not personally liable with their own individual properties for the monetary obligations/debts left by the decedent.
• No contract may be entered into upon a future inheritance except in cases expressly authorized by law

Kinds of Succession:

There are two kinds of succession:

Intestate Succession:

It occurs when someone dies without a will. There are following possibilities under which the deceased is said to be died intestate.

• If a person has left no Will, then he dies intestate and his entire property shall be distributed according to the laws ruling intestate succession.
• If a person has made a Will and appointed an executor, who for any reason is incapable of executing it, then he will be said to have died intestate as regards to all his property.
• If a Will has been made but is incapable of being functional, then too he has died intestate.
• If he has transferred his entire property for illegal purpose, then again, he shall be said to have died intestate.

In intestate succession the property of deceased is distributed by the laws of intestacy which are governed as following laws:

Faith	The Applicable Act
Hindus, Jains, Sikhs, Buddhists,	The Hindu Succession Act, 1956
Muslims	The Personal Law Application Act, 1937
Christian, Jews, Parsis	The Indian Succession Act, 1925
Inter-faith	The Special Marriage Act, 1954

Testate succession:

It 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.

In testate succession the property of deceased is distributed by the laws of intestacy which are governed as following laws:

Faith	The Applicable Act
Hindus, Jains, Sikhs, Buddhists,	The Indian Succession Act, 1925
Muslims	The Personal Law Application Act, 1937
Christian, Jews, Parsis	The Indian Succession Act, 1925
Inter-faith	The Special Marriage Act, 1954

Situational Problems:

Problem 01:

The wife died while the action for legal separation was pending. Her children, however, wanted to continue the action. They ask that they be allowed to substitute their deceased mother, arguing that the action should be allowed to continue. Decide.

Solution:

The children cannot be substituted in an action for legal separation upon the death of their mother who filed the case. An action for legal separation is purely personal on the part of the innocent spouse because such an action affects the marital status of the spouses.

Problem 02:

Martha died while her action for quieting of title of parcels of land was pending. Does her death result in the extinguishment of the action or may her heirs substitute her in the case?

Solution:

Her heirs may substitute her because the action is not extinguished by her death. Since the rights to the succession are transmitted from the moment of the death of the decedent, from that moment, the heirs become the absolute owners of his property, subject to the rights and obligations of the decedent, and they cannot be deprived of their rights thereto except by the methods provided for by law. The right of the heirs to the property of the deceased vests in them upon such death, even before judicial declaration of their being heirs in the testate or intestate proceedings.

When she died, her claim or right to the parcels of land in litigation was not extinguished by her death but was transmitted to her heirs upon her death. Her heirs have thus acquired interest in the properties in litigation and became parties in interest in the case.

Problem 03:

The heir of deceased entered into a contract of sale, conveyance or any disposition pertaining to his interest in the inheritance even pending the settlement of the estate. Decide validity.  

Solution:

Yes, He can enter into contract because his hereditary share/interest in the decedent’s estate is transmitted or vested immediately from the moment of decedent’s death. This is, however, subject to the outcome of the settlement proceedings.

Conclusion:

Succession means the transmission of the property and the transmissible rights and obligations of the deceased.  Laws of Succession relate to legal principles of distribution of assets of a deceased. These include the order in which one person in preference of any or one person after another or any one person in particular share with any other person succeeds to the property/estate of the deceased person. There are two kinds of successions. First, intestate succession which occurs when someone dies without a will and second the testate succession, which occurs when a person dies and leaves a will.