Property, Succession & Inheritance | Part 4 | Family Law

The blog presents the basic theory of property, succession & inheritance that forms the introduction of Family Law in India. This can be useful for students preparing for Law and other Competitive Exams.

Q1. What do you mean by testamentary succession ?

Ans. When a person disposes off his property by making a will, it is known as testamentary succession.

Q2. How can a will be made, in Muslims ?

Ans. A Muslim who is found of sound mind and who is not a minor, may make a valid will. No particular form is required to make a valid will. Any unequivocal expression of a testamentary nature will suffice. It may be either verbally or in writing. Any property which is capable of being transferred and which exists at the time of the testator’s death, may be disposed off by a will. Needless to say, property that belongs to another cannot be bequeathed by a will.

Q3. What proportion of the property can be disposed by a will, in Muslims ?

Ans. A Muslim can dispose off only one third of his property, which is left after the payment of his funeral expenses and his debts. The balance two thirds of the property goes to the heirs of the deceased.

Q4. What does the Indian Succession Act, 1925 deal with respect to testamentary succession  ?

Ans. The rules relating to testamentary succession among Hindus, Parsis and Christians are contained in Indian Succession Act, 1925. This Act does not deal with substantive law, such as what property may be transferred or what estates and interest may be created. The Act primarily deals with :

  • execution i.e. validation of legal document by the performance of all necessary formalities
  • revocation i.e. to recall, withdraw or reverse the will
  • revival i.e. restoration to use, acceptance, activity or vigor after a period of obscurity
  • interpretation i.e. an explanation or conceptualization of wills
  • the grant of probate (i.e. the process of legally establishing the validity of a will before a judicial authority) and other legal representations
  • powers and duties of executors i.e. the person who is appointed by a testator to execute the testator’s will

Q5. Who is a testator ?

Ans. A testator is a person who has made a legally valid will before death.

Q6. Who are administrators ?

Ans. Administrators are persons authorized to manage an estate, especially when the owner has died intestate or without having appointed executors.

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