Simplified Version
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INDIAN SUCCESSION ACT, 1925
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This Act deals with distribution of
property
among legal heirs of the deceased person as per the will or testament. It
includes Hindus, Budhists, Sikhs, Jainas, who have died after making their
will. It covers all other persons as well who have died whether with or without
making a will, however Muslims are largely governed by Muslims personal law.
A person, so long as he is alive is free to deal with his property in a way he
likes. He is, by making a will, free to lay down his own scheme of distribution
of his property
after his death. This is known as testamentary disposition. The law of
testamentary succession deals with the rules relating to passing of property on
relations as well as others (as prescribed in the will).
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The law of succession is classified as under :
- testamentary succession and
- intestate succession.
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Testator : |
A person who dies leaving a valid will and testament. |
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Testament :
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Testament means "will". |
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Testamentary : |
Pertaining to or concerning a last will and testament. A document which is
testamentary (written in legal language) in character must be executed in
accordance with the formalities prescribed by law or it will be given no effect. |
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Intestate :
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Person dying without will.
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