Paruck The Indian Succession Act

.............................................................................................................................
Description
By every turn of the year, there is a fresh bout of judicial opinions. It is difficult to assure the reader that there are no repetitions, but it is possible to say that no two opinions are congruent. It is the human ingenuity to officer multiple recipes for the same set of problems that make possible successive editions for the same title. The Indian Succession 1925 is a vintage legislation of the British era and very few things have changed in the text of law. Since the last edition in 2012, there was a major shift in understanding privacy as an important facet of fundamental right and it has opened vistas for change in perspectives of certain aspects of domestic relations. Live in relationship as legitimate bondage between man and women was a legislative precursor having come through Protection of Women against Domestic Violence, 2005, but if a child's status is legally vulnerable. The Madras High Court pointed out in Thilagavathy v Kuppamma@ Mahamaimary (died) that a child born out of relationship of Hindu woman with a Christian father will be illegitimate and in the absence of analogous provision under the Succession Act such as section 16 of the Hindu Marriage Act, there is no scope for the child to succeed to the share of the putative father. Even apart from lack of recognition of the rights of the child, an unwed Christian mother will also have problems of not being recognised as a guardian for the child if she chooses not to declare who the father of the child is, but the Supreme Court has accorded that status as possible in ABC v The State of NCT: These are sure situations where the legislation is lagging behind and it is imperative that the Parliament steps in to move amendments to the text of law recognising the rights of illegitimate child and the guardianship of the single mother who is not governed by the Hindu Minority and Guardianship Act or the Shariat.
.............................................................................................................................
Contents
Part I    -    Preliminary
Part II    -   Of Domicile
Part III   -   Marriage
Part IV   -   Of Consanguinity
Part V    -    Intestate Succession
Part VI   -   Testamentary Succession
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
Part X    -   Succession Certificates
Part XI   -   Miscellaneous
Schedule to the act
Schedule I to IX
Appendix I    :    Calcutta Original Side Rules
Appendix II   :    Madras Original Side Rules
Appendix III  :    Bombay High Court Original Side Rules
Appendix IV  :    Delhi High Court Rules and Orders
Subject Index
.............................................................................................................................
Author Details
Justice K.Kannan, Former Judge, Punjab & Hariyana High Court
Chairman, Railway Claims Tribunal
.............................................................................................................................