Succession Under Indian Laws

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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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