<\/span><\/h5>\n\n\n\nBefore India was colonised, the succession laws were meted out according to customs and religions. However, the Indian Succession Act 1865 changed that and evolved into what is today known as the Indian Succession Act 1925. It deals with two types of succession:<\/p>\n\n\n\n
1. <\/strong>Intestate Succession<\/em><\/strong> <\/strong>– A case when a person has passed away without a succession plan or will for his property or when the bequest of property is for illegal, unethical, or immoral activities. <\/p>\n\n\n\n2. Testamentary Succession<\/em><\/strong> <\/strong>– In this case, there is a written will that lays down the details of the asset distribution amongst family members and relatives.<\/p>\n\n\n\nToday the Indian Succession Act has specific laws for various religions in India.<\/p>\n\n\n\n
<\/span>Succession law for Christians in India<\/strong><\/span><\/h5>\n\n\n\nThe Indian Succession Act 1925 is applicable to all Christians living in India. For intestate succession, sections 31 to 49 are applicable. For testamentary succession, part VI of the act is applicable. These provisions are also applicable to Indian Jews.<\/p>\n\n\n\n
<\/span>Succession law for Parsis in India<\/strong><\/span><\/h5>\n\n\n\nThe provisions written under sections 50 to 56 of the Indian Succession Act, 1925 are applicable for intestate succession. For testamentary succession, part VI is applicable. In case a Parsi person dies after the commencement of the Act, a probate of the will becomes mandatory. This is applicable only if the will is made or the immovable property to be devolved under the will located within the jurisdiction of Kolkata, Mumbai, and Chennai constituencies.<\/p>\n\n\n\n
<\/span>Succession law for Hindus in India<\/strong><\/span><\/h5>\n\n\n\nThe laws for intestate succession for Hindus are regulated by the provisions of the Hindu Succession Act, 1956. The provisions under Chapter III of the Hindu Succession Act, 1956, become applicable in this case.<\/p>\n\n\n\n
Testamentary succession for Hindus follows the same provisions – Part VI of the Indian Succession Act,1925.<\/p>\n\n\n\n
These provisions also extend to Buddhists, Sikhs, and Jains in India. It is, however, not applicable to legal heirs of Hindu citizens of India who have changed their religion.<\/p>\n\n\n\n
<\/span>Succession law for Muslims in India<\/strong><\/span><\/h5>\n\n\n\nThe Indian Muslims are not governed by the provisions of the Indian Succession Act, 1925. They follow the Muslim Personal Law (Shar\u012b\u2018ah Law) instead. For intestate succession, the Muslim Personal Law is applicable.<\/p>\n\n\n\n
In the case of testamentary succession, only one-third of the property of the deceased can be valid. This happens if the heirs of the deceased person issue no formal consent.<\/p>\n\n\n\n
After the death of a Muslim, it is important that the following are taken care of:<\/p>\n\n\n\n