Frequently Asked Questions on Intestate Succession
What are inheritable rights?
A right can be inherited, provided its owner survives. It transfers to the owner’s legal representative and continues to function even after the owner passes away. For example, rights pertaining to property, such as debts, are transferable rights.
What is succession?
The procedure by which property is transmitted when someone passes away is called succession. It may also be used to describe the estate that a deceased person leaves behind.
Is Testamentary Succession similar to intestate succession?
No, both are different concepts. Testamentary succession occurs when a deceased person leaves a will designating particular heirs to receive their property. Intestate succession occurs in the event that the decedent did not leave a will. The laws governing the deceased (as dictated by his religion) take over and specify the distribution of his estate.
What is the Escheat Rule?
The Escheat Rule states that if no heirs are found, property may pass to the government. However, its application varies by jurisdiction.
Does intestate succession give rise to any preferences?
The laws governing intestate succession are essentially the same in every community; the surviving spouse and their direct descendants are granted precedence. Colleagues that are close to the deceased are given priority in their absence. Property passes to distant agnatic heirs first, and then to cognatic heirs in their absence.
Reference:
- INDIA CODE
- Legal Studies NCERT- Class XI
Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.
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