Indian Succession Act 1925

Table Of Content

• What is the Indian Succession Act of 1925?
• Is the Indian Succession Act of 1925 Amended?
• What are the features of Indian Succession Act 1925?
• What is a Probate Certificate under Indian Succession Act 1925?
• Who are Heirs in Indian Succession Act?
• Differences between the Indian Succession Act and Hindu Succession Act
• What is Will under the Indian Succession Act?
• Conclusion

When an owner of a property dies without creating a Will to distribute his assets then Indian succession comes into action. Now a question comes in our mind is what purpose does it fulfill, when it came into action in India etc. 

Indian Succession Act 1925 was introduced on 30th October 1925. Indian Succession Act 1925 was implemented to curb the occurring disputes between families regarding the distribution of the ancestral property in between the current generation.

What is the Indian Succession Act of 1925?

As already discussed in the introduction the Indian Succession Act was implemented to solve the disputes which occur when the head of the family dies without making a WILL. It actually states that if the bread earner or the owner of the property dies without distributing the property among his successors then under Indian Succession Act 1925 the property will be divided in equal parts to all the successors. For different religions there are different clauses that are implemented without hurting any religious sentiments.

Is the Indian Succession Act of 1925 Amended?

Certainly yes, as per our knowledge Act No. 26 of 2002, there were a few amendments made such as Amendment of section 213 in the year of 2002 a correction was made where the word ‘Muhammadans’ was removed and ‘Indian christians’ were added after that.

In 2002 the Indian Succession Act was also called the Principal Act and Indian Succession (Amendment) Act of 2002.

What are the features of Indian Succession Act 1925?

The salient features of Indian Succession Act 1925 are as follows:

1. Testament Succession: The testamentary succession under Indian succession act includes provisions for testamentary succession, which is the division of assets in accordance with a decedent’s will or testament. It specifies guidelines for the drafting, carrying out, and nullifying of wills.
2. Intestate Succession: The intestate succession under Indian succession act 1925 sets forth the procedures for intestate succession in the event that a person passes away without leaving a valid will. It outlines the legal heirs’ rights to the deceased person’s property in terms of priority.
3. Property Distribution:The Act lays out rules for how to divide up property among the heirs. It details the shares and privileges of the various legal heir classes, such as the spouse, kids, parents, and other family members. The Act also specifies how ancestral property will be distributed and how adopted children’s rights will be protected.
4. Executor’s and administrator’s rights and obligations:The Act lays out the responsibilities, authority, and rights of executors and administrators. It explains their obligations for overseeing and allocating the estate, paying off debts, gathering assets, and resolving succession-related issues.
5.  Limitation Period: The Act establishes a deadline for the filing of succession-related claims and disputes. This facilitates prompt resolution and avoids protracted litigation.
6. Contingent and Conditional Wills: The Act allows for the creation of contingent and conditional wills. A contingent will becomes effective only upon the occurrence of a specified event, while a conditional will depends on the fulfillment of certain conditions mentioned in the will.
7. Succession Certificates: The Act gives the court the authority to issue succession certificates to confirm a person’s legal entitlement to receive a decedent’s debts and assets. These certificates are frequently necessary for the transfer of stock, bank accounts, and other assets.
8. Applicability: Except for the state of Jammu and Kashmir, the entire country of India is covered by the Act. It is applicable to all people, regardless of their nationality or religion, with a few exclusions for particular groups.

What is a Probate Certificate under Indian Succession Act 1925?

The Indian Succession Act of 1925’s Section 2(f)[1] defines “probate” as a copy of the will that has been authenticated by the seal of a court with appropriate authority. The applicant (who is an executor under the WILL) is given rights relative to the administration of an estate through probate. It is a legal procedure by which a will’s authenticity and validity are decided in a court of law. The WILL executor, beneficiaries, and estate valuation are all decided throughout this procedure. The process of probate enables the executor to get a court declaration confirming his legal capacity to manage the testator’s estate in accordance with the terms of the will. A beneficiary may even be named as an executor in a WILL.

Note: A minor or a person who lacks capacity for decision-making cannot be given probate, according to section 223[2] of the Indian Succession Act, 1925. An organization of individuals cannot receive it unless it is a corporation that complies with the requirements set forth in the rules that will be published by notification in the Official Gazette by the State Government in this regard.

Who are Heirs in Indian Succession Act?

Under the Indian Succession Act 1925 the heirs are labeled to the family members such as the Children of the deceased son/daughter, husband, brother, etc. It is also said that if the parents of the deceased are alive then it will be passed on to them. It is mainly to refer to the Hindu females. In the Hindu Succession Act, there is a special clause regarding property that a female Hindu inherits from her father or mother. Such property will pass to her father’s legal heirs if she does not leave a son or daughter behind.

What are the Differences between the Indian Succession Act and Hindu Succession Act?

The difference between indian succession act and hindu succesdsion act 1925 are as follows:

Basis Of Distinction	Indian Succession Act	Hindu Succession Act
Came Into Force	The Law of  Succession Act in India came on 30th October 1925.	Hindu Succession Act came on 17th June 1956.
Started by	Sir Henry Maine started this Act.	The Parliament of India.
Involves	The Indian Succession Act, however, extends to persons who are not Muslims or Hindus.	Only Hindus, including Jains, Sikhs, and Buddhists, are covered by the Hindu Succession Act.

What is Will under the Indian Succession Act?

A Will is a document that can be prepared by anyone with the age of 18+. In a WILL the person distributes its properties and assets among his heirs in whichever proportion the executor wants. It is not necessary for the executor to give out the property to his family members only he/she can involve his dearest ones whether they are his relatives or friends.

Conclusion

The Hindu Succession Act, 1956’s basic terminology and definitions were examined in this article. In the event that a Hindu passes away without leaving behind a will, in which case he becomes intestate, there are four types of heirs to whom property passes. Through these classes, this property deteriorates. The next class takes over if no one from the previous one is present, and so on. The 2005 Amendment to this Act, which provided much-needed protection for women’s property rights, was also covered in this article. One of the main effects of this Act is that it emphasizes gender equality by recognizing daughters’ rights as co-parents.