Sonu Mehtha
Succession is the process by which all the property of a dead person is dealt with. Inheritance is the transfer of rights of property from the dead person to a successor.
Succession results in inheritance. The Law of Succession can broadly be divided in two parts, firstly, where the deceased has left behind a valid and enforceable 'Will' and secondly, where a person died without leaving behind such 'Will.' The second part is referred to as the Intestate Succession whereas the first part is Testamentary Succession.
Will is a written document showing the desire of a deceased person regarding distribution of his estate and is defined under the Section 2(h) of the Indian Succession Act, 1925. If the Will is found to be valid and enforceable, the estate of the deceased would be distributed in accordance with the same. Additionally, Probate is a court certified copy of the Will and acts as an evidence of the executor's authority.
Legal Heirs are often decided by placing a reliance on the personal laws of the parties. Hindus can refer to the Classes of Heirs provided under the Hindu Succession (Amendment) Act, 2005.
Muslims refer to the classes of heirs provide under Muslim Personal Law (Shariat) Application Act, 1937. Christians refer to Section 32 of the Indian Succession Act, 1925 for determining heirs. Legal heir under the Parsi personal law is listed under Section- 54 of the Indian Succession Act, 1925.
In 2008, the Supreme Court of India made a recent development in Vidyadhari v/s Sukhrana Bai by permitting the inheritance right to the children born in a live-in relationship and thereby acknowledged them with the “legal heir” status.
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