Testamentary Succession.docx

“TESTAMENTARY SUCCESSION: An Analysis to Indian Context SYNOPSIS SUBMITTED IN THE PARTIAL FULFILMENT OF THE COURSE TITLED –

FAMILY LAW- II

SUBMITTED TO: Ms. Pooja Srivastava TEACHER ASSOCIATE SUBMITTED BY: NAME:

SAURABH KUMAR

COURSE:

B.A. LL.B (Hons.)

ROLL NO:

1971

SEMESTER: 4th

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR, PATNA – 800001

INTRODUCTION

Succession in India was earlier regulated by the Indian Succession Act,1865. This Act was based mainly on English laws, and subject to certain exceptions, constituted the law in force in British India, applicable to all classes of testamentary and intestate succession. However, the exceptions were so extensive, that all natives of India were excluded there under. So, in 1870, the Hindu Wills Act was passed. This Act provided that certain portions of the Indian Succession Act would apply to all wills and codicils made by Hindus also. Later in 1881, the Probate and Administration Act was passed, and this Act was also made applicable to both Hindus and Muslims.

Section 30 of Hindu Succession Act, 1956 deals with Testamentary Succession. It states : Any Hindu may dispose of by will or other testamentary disposition any property , which is capable of being so [disposed of by him or by her], in accordance with the provisions of the Indian Succession Act,1925, or any other law for the time being in force and applicable to Hindus.

Succession is the transmission of property vested in a person at his death to some other person or persons. In all countries, Succession is regulated by law. However, legal historians have found that there is no universally common origin to such laws of succession in the various countries; they have not developed on uniform lines all over the world. There are systems in which religion has played a prominent part in the development of the law of succession. The Hindu community is a typical example of that kind. The ancient Hindu Law-giver, Manu stated: “To three libations of water must be given; to three must Pinda be offered the fourth is the giver. The property of a sapinda goes to the nearest sapinda,” thereby demonstrating the intimate connection between the duty to offer spiritual benefit and the right to take the property of a deceased Hindu.

AIMS AND OBJECTIVES

1. The researcher tends to analyse the real motive of existence of Testamentary Succession in India. 2. To analyse Testamentary Succession is followed only in Hindus in India HYPOTHESIS The researcher tends to hypothesise that Testamentary Succession was evolved in India and followed in all religion.

SCOPE AND LIMITATIONS In this project the researcher will try to include different aspects, special attention will also be provided on Migration between Different Schools,and aspects of schools of Hindu Law. It is a doctrinal research project.

RESEARCH METHODOLOGY The researcher will be relying on Doctrinal method of research to complete the project. The researcher would go through various primary resources for the purpose of the completion of the project.

TENTATIVE CHAPTERIZATION 1. INTRODUCTION 2. SUCCESSION [ what is succession?; Kinds of Succession.; Need for Testamentary Succession.] 3. Historical Background of Testamentary Succession in India. 4. WILLS[ Features of Valid will; Kinds of will.] 5. TESTAMENTARY CAPACITY 6. CONCLUSION

BIBLIOGRAPHY:

The researcher has consulted following sources to complete the rough proposal:

1. PRIMARY SOURCES: BOOKS Hindu Succession Act,1956 (Davis, 2012) (Mulla, 2016)

2. SECONDARY SOURCES: WEBSITES: a. https://www.srdlawnotes.com/2017/08/schools-of-hindu-law.html www.schooloflegaleducation.com