2 Indian Succession Act, 1925 is the principal legislative measure in India dealing with the substantive law of testamentary succession in regard to persons other than Muslim and intestate succession in regard to persons other than Hindus and Muslims. ( Ref: para 1.1 law commission report
No.110)
Section 3 empowers the State Government to exempt any race, sect, tribe from applicability of the Act.
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3. Wills in Hindu & Muslim law: In Hindu law, there was,
originally, no concept of will. No synonym for the word “will” was to be found in the whole of Sanskrit literature. But the institution of will in all its aspect (as applicable to Hindus) was brought into being by judicial decision during British period. A Hindu will, executed before 1870, could be in writing or oral,
and no attestation or other formalities were required. Even signature was not necessary in law. In 1870, the Hindu Wills Act introduced various formalities for the execution of will. Amongst Muslims, tradition of making Wills goes to at least as early as the prophet. The Indian Succession Act does not apply to
wills executed by Muslims.
(Ref: paras 2.15, 2.16 & 2.16 of law commission No.110 report)
4 Indian Succession Act, 1925 consolidates following 12 earlier
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Central Acts passed between 1841 and 1903.
1. The Succession (Property Protection) Act, 1841
2. The India Succession Act, 1865
3. The Parsi Intestate Succession Act, 1865
4. The Hindu Wills Act, 1870
5. The Married Women's Property Act, 1874
6.Probate and Administration Act, 1881
7. The District Delegates Act, 1881
8.Probate and Administration Act, 1889
9. The Succession Certificate Act, 1889
10.Probate and Administration Act, 1890
11. The Native Christian Administration of
Estate Act, 1901
12.Probate and Administration Act, 1903
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5. The Act has been divided into eleven parts and these parts have been subdivided into Chapters. Part-IX relates to probate, letter of administration and administration of assets of the deceased and Part-X regulates the grant of succession certificate.
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6 .The Indian Succession Act broadly divides succession into
intestate and testamentary succession. While the provisions of the Act relating to intestate succession are applicable to particular classes or communities of people leaving the personal law, statutory and otherwise of the two major communities in India, namely Hindus and Muslims,untouched. The provisions of the Act dealing with testamentary succession are generally made applicable to everyone in India except those exempted
under the Act and a few others.
2(Ref: law commission report no. 247)
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WILL IN A LEGAL SENCE
7 Indian Succession Act in Section-2 (h) defines will as, “the legal
declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death”. Section 59 makes it legal for every person of sound mind not being minor to dispose of his property by will. One who makes will is “testator”. Legatee is beneficiary mentioned in the
Will. Executor is the person, testator appoints to execute his last Will, who represents the estate of the deceased. When, there is no executor, administrator is appointed by the competent authority to administer the estate of the deceased. Instruments made by the testator to supplement the will is codicil. Propounder of will, means one who offers or proposes a document as being authentic or valid.
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