Law Relating to Wills, Nomination and Succession

............................................................................................................................
Description
The previous edition of the book explained the significant clarifications brought out through the landmark decisions of the Apex and other Courts particularly in areas relating to Hindu Succession Act as amended by the Amending Act of 2005. These clarifications were necessitated by the uncertainties created as a result of varying views on the interpretation of certain vital provisions as marked by differing judicial pronouncements. Development of law is a continuous process, more so, when it concerns personal property rights of persons. Some of the issues, considered as settled, remained under litigation before the Apex Court. In this connection, we mention the rights of nominee vis-a vis the legal heir as per the rules of succession in assets of the nature of shares, debentures, etc. As mentioned in the last edition, the differing views of the Single Judge Benches were considered by the Division Bench in Shakti Yezdani case holding that the nomination does not bestow beneficial ownership to the nominee who holds the assets on behalf of the legal heirs. Not being satisfied, the aggrieved party took the matter to the Supreme Court which vide their order pronounced on 14.12.2023 confirmed the order of the Divisional Bench holding that the nominee is not the actual owner of the asset but holds it in a fiduciary role for the benefit of legal heirs determined by a Will or relevant succession law.
............................................................................................................................
Table of Contents
Chapter 1. An Overview of Succession Laws in India
Chapter 2. The Hindu Succession Act, 1956
Chapter 3. Intestate Succession-Persons Other than Hindus and Muslims
Chapter 4. Intestate Succession among Muslims
Chapter 5. Domicile of the Deceased
Chapter 6. Testamentary Succession
Chapter 7. Beneficiaries and Bequests under the Will
Chapter 8. Property Subject to Testamentary Disposition
Chapter 9. Execution, Registration and Safe Custody of Will
Chapter 10. Revocation/Alteration/Revival of Will
Chapter 11. Probate and Letters of Administration
Chapter 12. Nominations and Joint Holding, U56
Chapter 13. Tax Implications of Succession
Chapter 14. Executing a Will
Chapter 15. Advance Medical Directive (Living Will)
Appendix 1. Relevant Provisions of the Indian Succession Act, 1925 (Act XXXIX of 1925)
Appendix 1A. Proposed Amendments based on the report of the Law Commission
Appendix 2. The Hindu Succession Act, 1956
Appendix 3. State amendments of the Hindu Succession Act 1956
Appendix 4. The Hindu Succession (Amendment) Act, 2005
Appendix 5. The Registration Act, 1908
Appendix 6. Specimen copies of Wills
Appendix 7. Specimen of Codicil
Appendix 8. Specimen of Creation of a Discretionary Trust under the Will
Appendix 9. Specimen of Advance Medical Directive (Living Will)
Appendix 10. Specimen of Petition seeking Probate
Appendix 11. Relevant extracts of Supreme Court Order regarding modifications for the then existing guidelines to execute AMD
............................................................................................................................
Author Details
K.K. Ramani
N. C. Jain