Rules of Intestate Succession under the Indian Succession Act, 1925
The Indian Succession Act of 1925 is a federal law that is applicable to all individuals, unless they are subject to any specific laws that apply to them. The Act does not apply to Muslims or Hindus. However, this Act governs Christians and Parsis.
The Indian Succession Act of 1925 established the following rules for Christiansâ intestate succession:
- Priority is given to the deceasedâs spouse and his lineal descendants, such as children, grandchildren, great-grandchildren, or their distant lineal descendants.
- When there are no lineal descendants, property passes to the deceasedâs spouse and those who are kindred (consanguinity is the connection or relation of persons descended from the same stock or common ancestor).
- If there isnât a kindred, the property descends to lineal descendants or those who are related to him.
- The whole property belongs to his or her spouse if there are no kindred or lineal descendants.
Rule of Escheat
Every community is subject to the escheat rule. According to this provision, property passes to the government if no heir is present.
Rules Relating to Intestate Succession
An individual who passes away without leaving a will is referred to as intestate, and the transfer of his assets is known as intestate succession. Under intestate succession, the assets are passed down by the legislation or customs that govern the decedent. The Indian Succession Act delineates the process for distributing an individualâs belongings in the event of an intestate death. As per the relevant personal statute, the assets acquire vested rights. There are major issues when there are several heirs since some assets are more profitable than others.
Key Takeaways
- When a person passes away without leaving a valid and legal will, they are considered intestate, and the transfer of their assets or estate is referred to as intestate succession.
- Property can be transferred through inheritance. The right of an heir to inherit property upon the death of an ancestor through a line of succession is known as inheritance.
- An heir is a person who has the legal right to inherit assets following the passing of an intestate.
- Every religion has its regulations to cover intestate succession, some religion follows the succession act, while some follow their religious scripture.
Table of Content
- Rules Relating to Intestate Succession
- 1. Rules of Intestate Succession for a Hindu Male
- 2. Rules of Intestate Succession for a Hindu Female
- 3. Rules of Intestate Succession Among Muslims
- 4. Rules of Intestate Succession under the Indian Succession Act, 1925
- Rules Relating to Intestate Succession-FAQs
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