Article 21 of the Special Law on Marriage of 1954 provides that any person whose marriage is solemnly contracted under the Special Law on Marriage of 1954, the succession of his property is governed by the provisions of the Law on Income Tax Act. However, the Marriage (Amendment) Act 1976 inserted section 21A into the Special Marriage Act, which provides that section 21 of the Special Marriage Act does not apply where, under the Special Marriage Act, a person professing the Hindu, Buddhist religion, Sikh or Jain is married to a person who professes Hinduism, Buddhist religion, Sikh or Jain. In summary, even in the case of the marriage of a Hindu, Buddhist, Sikh or Jain to another Hindu, Buddhist, Sikh or Jain under the Special Marriage Act, the succession of that person is governed by the Hindu Inheritance Act and not by the ISIS Act. The inheritance can be made either by will or by legal succession (which happens if there is no will of the testator). When a will is made, it cannot contain ancestral property, but only the portion of the ancestral property that the person has. In the case of legal succession, Indian inheritance law or Hindu or Muslim personal inheritance law applies. Article 6 of the Hindu Succession Act – if a coparcener dies, leaving behind a Class I relative, his undivided interest in the property of Mitakshara Coparcenary would not pass to the surviving coparcenary by the survivors, but to his heirs by legal succession. Anar Devi et al., appellant against Parmeshwari Devi et al., respondent. [2006-(008)-SCC-0656 –HC] What share can married girls claim in their father`s property? According to the Supreme Court`s decision, a daughter in her father`s ancestral possession is granted a right equal to that of her brothers. However, this does not mean that after the death of the father, the property will be divided equally between a brother and a sister.

Since inheritance law also confers property rights on other legal heirs of the deceased, the division of property is based on each heir`s share in accordance with applicable inheritance laws. A married daughter who has an equal share of her father`s property simply means that no matter how much she claims, her brother will also receive the same share. Hindus are subject to testamentary succession laws under India`s Succession Act, 1925. Legal succession applies to Hindus under the Hindu Succession Act 1956. Legal succession for Hindus does not correspond to Indian inheritance law, as one of the most important features of Hindu law is the Hindu Undivided Family (HUF) system. Therefore, the Hindu Succession Act 1956 was enacted to regulate the succession of Hindus in accordance with Hindu law and culture. Under the Indian Succession Act, inheritance is governed by Articles 31 to 49 for Christians and Articles 50 to 56 for Parsis. It should be noted that there is no difference between the widow`s rights and the widower`s rights to legal succession. Home » Interesting facts » Legal notice » Who is an heir and what is an inheritance? Once the first property has an absolute right, the testator cannot change the estate of the first heir by passing the same property to the second group of persons. Sadaram Suryanarayana & Anr. c.

Kalla Surya Kantham & Anr. [(2010) 13 SCC 147] What are women`s inheritance and inheritance rights in India Hindu – For Hindus, which include Buddhists, Jains, Sikhs and Arya Samaj, the law of legal succession is codified in the Hindu Succession Act 1956. The principles of the transfer of the testator`s property in this case are as follows: the right of succession can be roughly divided into two parts, first, if the testator has left a valid and enforceable “will”; and second, when a person has died without leaving such a “will,” India is a religiously diverse country, and our constitution is secular. Following the plethora of inheritance laws, on the other hand, can be quite confusing and time-consuming for the average person and law enforcement. Given the complexity, a large number of laws, including successions, have been enacted. During the colonial period, British policy determined what was to be classified as a personal matter, and the final form of the laws governing these personal affairs—whether administered by English courts or enacted by colonial legislators—altered the laws of the people. The term inheritance is used exclusively in the context of succession. After a person`s death, his or her property, securities, debts and obligations may be transferred to the heir. Although different societies treat inheritance differently, tangible and immovable property are often treated as inheritances. We will discuss inheritance in detail in light of the Hindu law of succession. After the death of a person, the heirs must ensure that there is no debt attached to the property before dividing the property. Once the succession of the property has been confirmed, the heir must request the conversion of the property into his own name.

Mutation updates government records and does not act as a transmission of titles. Once you have acquired the property, you can live, lend or sell it. One of the main concerns arising from these personal status laws is that women are granted unequal rights. This stems from the understanding that most of these personal laws are archaic in nature and need to be modified to some extent. The most notable change was the Hindu Succession Act in 2005, which gave daughters equal rights to sons in terms of parzenarity and inheritance. Until 2005, the property rights of the son and daughter were different. Only an unmarried girl has the right to ancestral property. But after 2005, a daughter has rights and obligations similar to those of a son. He has an equal right/share of ancestral property. In the case of property acquired by the father or separately, if the father dies without leaving a will, the daughter who is a Class I heiress has the same rights as her mother, grandmother and sister or brother. The Indian Succession Act governs all laws on general succession.

If the succession is testamentary, the transfer is governed by the above-mentioned law. However, when there is no written will, the respective laws of each religion regulate inheritance. Classes III and IV are agnata (relationships only by males) and related (relationships that do not pass completely through males). If there are also no heirs in Class II, the estate will pass to the agnats of these deceased, if not through relatives. Although there were no agnates and relatives, the estate passed to the government. Among agnates and therefore also among related relatives, the closest relative is preferred. The laws relating to testamentary succession and legal succession are consistent with the Indian Succession for Christians Act 1925. 2.3 Who can do it – Article 59 of the IS Act provides that any person of sound mind who is not a minor may dispose of his property by means of a will. People who are deaf, dumb, blind and even mentally ill during their mental health can make a will. However, anyone who is in an inappropriate state of mind due to intoxication, illness, etc.

cannot write a will in which they do not know what they are doing. Subsequent legal incapacity does not result in the nullity of a will. Inheritance can be very loosely defined as property given to a descendant after the death of a parent. Inheritance law is the transfer of property, titles, debts, rights and obligations to another person after a person`s death. The lack of knowledge about inheritance tax in India is the main cause of family separation and it becomes important to understand what inheritance law of legal heirs is in India. A person can inherit or inherit their property in two ways: Intestate succession refers to the death scenario – The Indian Succession Act 1865 was repealed and the Indian Succession Act 1925 was enacted, which consolidated various inheritance laws. The Indian Estates Act, 1925 can be divided into two categories, testamentary succession and legal succession. Testamentary succession is applicable when a written will has been drawn up. Legal succession applies if no will has been drawn up and the deceased`s property is to be distributed on the basis of religion in accordance with applicable laws.

In this article, we examine the applicability of the Indian Succession Act to persons of different religions. The certificate of succession is only intended to facilitate the collection of debts, to regulate the administration of the estate and to protect persons who deal with the so-called representatives of deceased persons. Such a certificate does not confer general administrative powers over the estate of the deceased. The issuance of a certificate does not confer the title of the beneficiary as the heir of the deceased. A certificate of succession, as mentioned above, is intended to protect debtors, meaning that a debtor of a deceased person voluntarily pays his debt to a person who holds a certificate under the law, or is compelled by a court judgment to pay it to the person he is legally discharged. The issuance of a certificate does not confer title on the beneficiary as the heir of the deceased, but merely gives the beneficiary the power to collect his debts and allows debtors to make payments to the beneficiary without taking risks.