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Succession Under Indian Laws - Papers Online

Succession Under Indian Laws

INTRODUCTION

Succession1 implies the act of succeeding or following, as of events, objects, places in a series. In the eyes of law however, it holds a different and particular meaning. It implies the transmission or passing of rights from one to another. In every system of law provision has to be made for a readjustment of things or goods on the death of the human beings who owned and enjoyed them.
Succession, in the sense of the partition or redistribution of the property of a former owner is, in modern systems of law, subject to many rules. Such rules may be based on the will of a deceased person. However, there are cases in which a will cannot be expressed and eventuality, there ...

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by a deceased person may pass to relatives or other persons who stood near him in a way determined by law. There must also be, simultaneously, rules which determine such devolution, should several persons of the kind stand equally near in the eye of the law and the consequence would be a division of the inheritance.
It is upon this basis that noted author Mulla states, “the law of inheritance comprises of rules which govern devolution of property, on the death of the person, upon other persons solely on account of their relationship with the former.”2 Speaking purely in legal terms, Black’s Law Dictionary defines inheritance as “receipt of a property from an ancestor under the laws of intestacy” i.e. “by bequest or device.” 3 However over quest in not limited to such devolution.
In the present paper I discuss and analyze the rules of inheritance that the Hindu
Succession Act, 1956 prescribes for matters of succession when an individual (a Hindu male dies without prescribing ...

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and determination of the rights and shares of the heirs in case of succession of Hindu males and females dying intestate, the relevant provisions of the Act have been studies in detail and distinctly in the two chapters titled succession of Hindu male dying intestate and succession of Hindu female dying intestate respectively. Thus change in the law prevailing prior to the coming into force of the Act has also been discussed as relevant and appropriate places.
However, as it is commonly said and believed, perfection can only be strived and sought for. It cannot be achieved. Similarly the principles of intestate succession, as laid under the Act cannot be said to be quintessential ...

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Succession Under Indian Laws. (2011, May 24). Retrieved March 29, 2024, from http://www.essayworld.com/essays/Succession-Under-Indian-Laws/99382
"Succession Under Indian Laws." Essayworld.com. Essayworld.com, 24 May. 2011. Web. 29 Mar. 2024. <http://www.essayworld.com/essays/Succession-Under-Indian-Laws/99382>
"Succession Under Indian Laws." Essayworld.com. May 24, 2011. Accessed March 29, 2024. http://www.essayworld.com/essays/Succession-Under-Indian-Laws/99382.
"Succession Under Indian Laws." Essayworld.com. May 24, 2011. Accessed March 29, 2024. http://www.essayworld.com/essays/Succession-Under-Indian-Laws/99382.
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PAPER DETAILS
Added: 5/24/2011 03:52:03 PM
Submitted By: sanandan
Category: Legal Issues
Type: Premium Paper
Words: 11002
Pages: 41

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