The Indian Succession Act: An Overview

Devolvement of a person’s property, either before the death or after the death, is major concern from many centuries. So, to make it more convenient and to do justice with all heirs, the Indian Succession Act legislated in first time in British India i.e. in 1925.

The Indian Succession Act, 1925 broadly covered the two types of successions namely testamentary succession and intestate succession. When a person makes a “Will” in writing, then doctrine of testamentary succession applies. In contrast, when a person dies without making any such will, then intestate succession is applicable. In other words, when there is no Will, then the deceased person's assets must be dispersed in accordance with the religious law (intestate succession).

Objective and Overview of the Act

The Indian Succession Act has been enacted to consolidate the law applicable to intestate and testamentary succession. The following act contains 392 sections divided into 11 parts.

The following table illustrates the provisions mentioned under the act

Parts	Sections	Particulars
I	Sec−1 to 3	Preliminary
II	Sec−4 to 19	Of domicile
III	Sec−20 to 22	Marriage
IV	Sec−23 to 28	Of consanguinity
V	Sec−29 to 56	Intestate succession
VI	Sec−57 to 191	Testamentary succession
VII	Sec−192 to 210	Protection of property of deceased
VIII	Sec−211 to 216	Representative title to property of deceased on succession
IX	Sec−217 to 369	Probate, letters of administration and administration of assets of deceased
X	Sec−370 to 390	Succession certificates
XI	Sec−391 to 392	Miscellaneous

Applicability of Indian Succession Act

The Act is applicable on religious group living in India (at that time) −

Succession for Hindus

According to the Indian Succession Act, 1925, the regulations governing testamentary succession apply to Hindus.

Succession for Muslims

The Indian Succession Act, 1925 does not apply to both the testamentary and intestate succession in the case of Muslims. The succession in their situation was based on the Quran and other sources.

Succession for Sikhs

Laws pertaining to Sikhs' testamentary succession are governed by the Indian Succession Act, 1925. However, the Hindu Succession Act of 1956 is applicable in Sikh intestate succession cases.

Succession for Christians

The Indian Succession Act, 1925 is relevant to both testamentary and intestate succession in the case of Christians.

Succession for Jains

The Jains are recognised as Hindus by the Indian Succession Act. As a result, the Jains are also subject to the same laws that apply to Hindus. The Indian Succession Act, 1925 specifies the testamentary succession laws, whereas the Hindu Succession Act, 1956 specifies the intestate succession laws that apply to Jains.

Succession for Buddhists

The Hindu Succession Act of 1956 governs intestate succession laws for Buddhists, while the Indian Succession Act of 1925 applies to testamentary succession laws.

What is a Will under Indian Succession Act?

A “Will” is a written statement of all the property that, in the absence of the property owner, will be split among the heirs. The document should include information about all moveable and immovable assets, such as mutual funds, savings, fixed deposits, gold, etc. The division of the assets must be done in a way that makes it apparent who will inherit what, and it must be witnessed by two people. Wills are governed by the Indian Succession Act, 1925, which does not specify a specific format or technical requirements. Anyone who is not a minor and is of sound mind may create or modify a will as many times as they like.

How is the Property Distributed in the Absence of a Will According to the Indian Succession Act?

The Indian Succession Act states that after the death certificate is issued, a person's property is divided equally among his or her lawful heirs if they pass away intestate (without making a Will). The authorities issue a notice asking for any claims about the property. Legal heirs are free to settle their shares in harmony, but if there is a disagreement, the problem is handled by the court, where it is decided in accordance with the law.

Conclusion

Muslims are not covered by the Hindu Succession Act or the Indian Succession Act, 1925, whether there be a testamentary or intestate succession. Furthermore, for Sunnis and Shias, there are different rules. In the context of testamentary succession, the guiding text is Hedaya or Fatawa Alamgiri. Hindus are exempt from the Indian Succession Act's intestacy provisions because one of Hindu law's key tenets is the Hindu Undivided Family system (HUF). In order to handle the succession for Hindus in accordance with Hindu law and culture, the Hindu Succession Act was legislated in 1956.

Frequently Asked Questions

Q. In India, who are a deceased person's legitimate heirs?

The deceased person's immediate legal heirs are their children, spouse, parents, and siblings. In Hindu law, the grandchildren of a deceased person are also legal heirs especially in case of ancestral property.

Q. How is property shared in India after death?

The Indian Succession Act, 1925 primarily addresses how property is distributed in India following a person's death. The division of property after death is primarily depends on two aspects under the Indian Succession Act− without Will i.e. intestate succession and with Will i.e. testamentary succession.

Q. What does make a succession certificate necessary?

The Succession Certificate is used to transfer ownership of property, take possession of it, pay debts, collect security on behalf of the deceased, or both. The Legal Heir Certificate is required for claims including gratuities, pensions, insurance, PF, and other benefits.

Q. Can a succession certificate be contested?

Yes. When a court application has been made, then the succession certificate can be contested. All legal heirs and close relatives are given notice by the court to file objections.