From the commencement of the Hindu Succession (Amendment) Act, 2005 (9 September 2005, as the footnotes of the consolidated text show), in a Joint Hindu family governed by the Mitakshara law the daughter of a coparcener becomes a coparcener by birth, in her own right, in the same manner as the son...
Read Complete Guide →The Act is called The Indian Succession Act, 1925 (39 of 1925), and its long title is that it consolidates the law applicable to intestate and testamentary succession. Under section 3 the State Government may, by notification in the Official Gazette, exempt the members of any race, sect or tribe...
Section 2 opens "In this Act, unless there is anything repugnant in the subject or context", so a definition gives way if the context requires. An executor is appointed by the testator in the will; an administrator is appointed by competent authority when there is no executor. Probate is a...
Under section 5, succession to immovable property in India is regulated by the law of India, wherever the deceased had his domicile. Succession to movable property is regulated by the law of the country of the deceased's domicile at death. Section 6 says a person can have only one domicile for...
The domicile of origin of a child of legitimate birth is the country where his father was domiciled at his birth (or at the father's death, for a posthumous child). For an illegitimate child it is the country where his mother was domiciled. It prevails until a new domicile has been acquired. A man...
A person may acquire a domicile in India by making and depositing a declaration in writing under his hand in an office appointed by the State Government, provided he has been resident in India for one year immediately preceding the declaration (section 11). A minor's domicile follows the parent...
Under section 20(1), no person acquires an interest in the property of the person he or she marries by the marriage, and neither becomes incapable of doing any act in respect of his or her own property that he or she could have done if unmarried. Section 22(1) allows a minor's property to be...
Kindred is the connection of persons descended from the same stock or common ancestor (section 24). In lineal consanguinity each generation is one degree (section 25). In collateral consanguinity you reckon upwards from the deceased to the common stock and then downwards to the relative, a degree...
A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect (section 30). So a will that appoints an executor but gives nothing, a bequest for an illegal purpose, or a bequest that cannot take effect leaves...
Chapter II does not apply to Parsis (section 31). The property of an intestate devolves upon the wife or husband, or upon the kindred, in the order and by the rules of the Chapter (section 32). If there is a widow and lineal descendants, the widow takes one-third and the descendants two-thirds; if...
From the first step to full compliance, get professional assistance from the TaxClue team — matched to your exact Property Law requirement.
Talk to a Property Law Expert →