What does the term succession means?

The term succession means

1. Property devolves (after death of owner) on persons entitled to it.

2. Transmission of

(i) Property or

(ii) Transmissible “rights & obligations”

(iii) Of the deceased by

(a) Law or (b) Will of the deceased to some other person

Succession opens on Death of a person and is governed by the law in force at the time of Death. Necessarily, therefore, the moment a person dies, his property vests in his (1) Heirs (2) Legal representatives (3) Executors

It confers powers on the owner to determine and thereby control devolution of property even after his death – what are their shares

In a Will:

We get information:

– Who are heirs?

– Disqualification of heirs.

– What order of succession?

– General rules of succession.

– It is a Scheme of distribution of property,

– Decease may give some share

– Decease may give limited legacy

– Decease may give absolutely

– Decease may exclude some or all.

Thus, it will be seen that by succession, the property is given to some human agency and in no case, the property remains ownerless. The concept of VACATA BONA or ownerless property is unknown. If no one is the owner, it falls in the hands of the State by law of Eschent.

Application of the act Under the British rule, in India, the English rule of Testamentary and Intestate succession were made applicable to all people living in India. There existed as many as 10 statutes.

1. The Succession (Property Protection) Act, 1841

2. The Indian Succession Act, 1865

3. The Parsi Intestate Succession Act, 1865

4. Hindu Wills Act, 1870

5. Married women’s Property Act, 1874

6. The Probate Administration Act, 1881

7. The Probate Administration Act, 1889

8. The District Administration Act, 1889

9. The Succession Certificate Act, 1889

10. The Christian Administration of Estate Act, 1901.

The Indian Succession Act, 1925 is thus purely a consolidating statute and embodies into it, to a large extent the rules of English law of succession.

In some system of law, an owner of the property was not allowed to interfere with the natural mode of devolution of property {i.e., inheritance). Thus, the old Hindu law did not confer any testamentary power of disposing of the property owned by a Hindu. But under the modern Hindu Law, Hindu Succession Act, 1956, a Hindu has power to dispose of his individual interest by Will.

The personal law of Muslims and Hindus in respect of inheritance (intestate succession) has remained untouched. However, it must clearly be noted that although intestate succession (inheritance) is not applicable to Hindus as they are governed by their own personal law of inheritance, the testamentary (Will) succession is applicable to them (Hindus). But so far as Muslims are concerned, not only the intestate succession (inheritance) is not applicable to them and they are governed by their personal law but also they are not governed (under Section 58) by testamentary succession (Will or Wasiayat).

No doubt, under Section 3 of the Act, the State Government is invested powers to grant exemption (and so also can withdraw the exemption) from the application of the Act to any race, sect or tribe. Nevertheless, the State Government has not exercised such powers.

Since the inheritance or intestate succession under the Act does not govern Muslims and Hindus, it is essential to know as to who Muslims are and who Hindus are. Who is a Muslim?

One who believes in Unity of God and prophetic character of Muhammad? Who is a Hindu?

Scholars appear to have accepted that Persians pronounced the world “Sindhu” as Hindu. The Persian People, therefore, called people living at the other end of river Sindhu/ Indus as Hindu (rather than Sindhu). They are the Aryans who migrated from Central Asia through the mountain passes near river Sindhu who came to be known as Hindus. Further, the Hindu Religion does not claim any prophet, it does not worship any one God and it does not subscribe to any one dogma. The Hon’ble Supreme Court of India while considering the question as to who is a Hindu has taken the view that broadly speaking, Hinduism can be described as a way of life. In any case, the term ‘Hindu’ is defined in the Act to include in it the Jains, Buddhists and Sikhs.