Law of Intestate and Testamentary Succession

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Description
The Law of Succession is essentially an offshoot of the concept of private property. The societies having the concept of communal ownership of property did not have the law of succession. In such societies the property belongs to the entire community and all members of the community have the right to enjoy and use such property in accordance with their needs. When a member of the community dies, he leaves behind no property, and, therefore, the question of succession does not arise. When a new member joins such society, by birth or marriage, he gets the similar rights of enjoyment and use of the communal property. In such societies, there is hardly anything, which could be said to be 'mine', everything is 'ours' - except the limited concept of personal property. On the other hand, in societies adhering to the concept of private property, the property must be owned by some one. The owner may be an individual, a corporation or State. Property cannot remain ownerless even for a moment and, therefore, on the death of its owner it must immediately vest in someone. Thus, the question as to who would be the owner of the property after the death is answered by law of succession. The law grants freedom to an individual to bequeath his property (though under Muslim law only one-third property) to any person, a relation or non-relation, or to an institution, charitable or non-charitable. An individual can make a Will and thereunder lay down a scheme of distribution of property taking effect after his death. This branch of law is called testamentary succession.
The Hindu law of succession has undergone some major changes by virtue of Hindu Succession (Amendment) Act, 2005. The erstwhile section 6 has been completely modified and new section has been incorporated. The major change brought by the new section is that daughters have been made coparceners along with the sons. This section came into operation from 9th September, 2005. Though the idea of the legislature behind incorporating the new section was to do away with discrimination on the basis of gender but in our submission this amendment would add to confusion rather than granting equal status to daughters. Better would have been to totally do away with the concept of joint family which virtually has happened due to the amendment.
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Contents
Part one - Interstate Succession
Book 1 - Interstate Succession among Hindus – Hindu Succession Act, 1956
    Chapter I - Preliminary
    Chapter II - Interstate Succession
    Chapter III - Testamentary Succession
Book II - Interstate Succession Among Muslims
    Chapter I - General Principles
    Chapter II - Hanafi Law of Inheritance
    Chapter III - The Shia Law of Inheritance
    Chapter IV - Disqualifications
Book III - Interstate Succession among Christians/Parsis/Jews – Indian Succession Act, 1925
    Part I - Preliminary
    Part II - Of Domicile
    Part III - Marriage
    Part IV - Of Consanguinity
    Part V - Interstate Succession
    Chapter I - Preliminary
    Chapter II - Rules in Case of Interstates Other than Parsis
    Chapter III - Special Rules for Parsi Intestate
Part Two - Testamentary Succession
Book IV - Testamentary Succession Among Hindus/Christians and Parsis - Indian Succession Act, 1925
    Part VI - Testamentary Succession
    Chapter I - Testamentary Succession
    Chapter II - Of Wills and Codicils
    Chapter III - Of the Execution of UnPrivileged Wills
    Chapter IV - Of Privileged Wills
    Chapter V - Of the Attestation, Revocation, Alteration and Revival of Wills
    Chapter VI - Of the Construction of Wills
    Chapter VII - Of Void Bequest
    Chapter VIII - Of the Vesting of Legacies
    Chapter IX - On Onerous Bequests
    Chapter X - Of Conditional Bequests
    Chapter XI - Of Bequests with Directions as to Application or Enjoyment
    Chapter XIII - Of Bequests to an Executor
    Chapter XIV - Of Specific Legacies
    Chapter XV - Of Demonstrative Legacies
    Chapter XVI - Of Ademption of Legacies
    Chapter XVII - Of the Payment of Liabilities in Respect of the Subject of a Bequest
    Chapter XVIII - Of Bequests of Things Described in General Terms
    Chapter XIX - Of Bequests of the Interest or Produce of a Fund
    Chapter XX - Of Bequest of Annuities
    Chapter XXI - Of Legacies to Creditors and Portioner
    Chapter XXII - Of Election
    Chapter XXIII - Of Gifts in Contemplation of Death
    Part VII - Protection of Property of Deceased
    Part VIII - Representative Title to Property of Deceased on Succession
    Part IX - Probate, Letters of Administration and Administration of Assets of Deceased
    Chapter I - Of Grant of Probate and Letters of Administration
    Chapter II - Of Limited Grants
    Chapter III - Alteration and Revocation of Grants
    Chapter IV - Of the Practice in Granting and Revoking Probates and
    Letters of Administration
    Chapter V - Of Executors of their own wrong
    Chapter VI - Of the Powers of an Executor or Administrator
    Chapter VII - Of the Duties of an Executor or administrator
    Chapter VIII - Of Assent to a Legacy by Executor or Administrator
    Chapter IX - Of the Payment and Apportionment of Annuities
    Chapter X - Of the Investment of Funds to Provide for Legacies
    Chapter XI - Of the Produce and Interest of Legacies
    Chapter XII - Of the Refunding of Legacies
    Chapter XIII - Of the Liability of an Executor or Administrator for Devastation
    Part X - Succession Certificates
    Part XI - Miscellaneous
Book V - Testamentary Succession Among Muslims
Subject Index
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Author Details
Dr. Paras Piwan LL.M., Advocate, retired as Member Secretary. Haryana Legal Services Authority on March 31, 1097. Before assuming this assignment, he was Prof., and Chairman, Department of Law, Punjab University, Chandigarh, Prof. Diwan during his four decades of professional career of teaching, research and consultancy, had taught students at all levels and had guided students in research both at Masters and Doctoral levels.
A scholar and jurist, Prof, Diwan was prolific writer and has over 250 published papers in the areas of Family Law, Constitutional Law, International Law and Tax Laws besides a number of books : Law Relating to Dowry, Dowry Deaths, Bride Burning, Rape and Related Offences: Outlines of the Constitution of India: Amending Powers and Constitutional Amendments; Private International Law : Indian and English (3rd ed.); Environment Administration, Law and Judicial Attitude (in 2 Vols.); Dowry and Protection to Married Women; (3rd ed.); Law of Maintenance in India: Modern Hindu Law (11th ed.); Muslim Law in Modern India (6th ed.); Parental Control, Guardianship and Custody of Children; Family Law (2nd ed.); Taxation of Hindu Undivided Families; Customary Law (3rd ed.); Public and Private Trusts; Sen : Hindu jurisprudence (Ed); Women and Legal Protection; Children and Legal Protection.
Prof. Diwan has to his credit a five-volume work on Indian Personal Laws : Law of Marriage and Divorce: Law of Adoption, Minority, Guardianship and Custody; Law of Intestate and Testamentary Succession; Law of Endowments, Wakf and Trust including Tax Problems and Joint Family System.
Besides these, he has three books in Hindi : Hindu Vidhi Ki Ruprekha; Adhunik Muslim Vidhi; Private Anterrastriya Vidhi. Prof. Paras Diwan was also the Chief Editor of the Law Review, a journal of the Punjab University for over a decade.
Peeyushi Diwan, B.A., LL.B., Advocate, Punjab and Haryana High Court is also a coauthor of several books
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