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    Notes On ISA 1925

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    The Indian Succession Act of 1925 consolidated succession laws and addressed intestate and testamentary succession. It applied to Hindus, Christians, Sikhs, Jains, and Buddhists but not Muslims. The Act had 392 sections across 11 parts addressing topics like domicile, marriage, consanguinity, and administration of estates.

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    Notes On ISA 1925

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    173 views2 pages
    The Indian Succession Act of 1925 consolidated succession laws and addressed intestate and testamentary succession. It applied to Hindus, Christians, Sikhs, Jains, and Buddhists but not Muslims. The Act had 392 sections across 11 parts addressing topics like domicile, marriage, consanguinity, and administration of estates.

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    Notes on ISA 1925

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    The Indian Succession Act of 1925 consolidated succession laws and addressed intestate and testamentary succession. It applied to Hindus, Christians, Sikhs, Jains, and Buddhists but not Muslims. The Act had 392 sections across 11 parts addressing topics like domicile, marriage, consanguinity, and administration of estates.

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    © All Rights Reserved
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    Download as pdf or txt
    173 views2 pages

    Notes On ISA 1925

    Uploaded by

    Knowledge
    The Indian Succession Act of 1925 consolidated succession laws and addressed intestate and testamentary succession. It applied to Hindus, Christians, Sikhs, Jains, and Buddhists but not Muslims. The Act had 392 sections across 11 parts addressing topics like domicile, marriage, consanguinity, and administration of estates.

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    Indian Succession Act 1925

    Devolvement of a person’s property, either before the death or after the death, is major concern
    from many centuries. So, to make it more convenient and to do justice with all heirs, the Indian
    Succession Act legislated in first time in British India i.e. in 1925.
    The Indian Succession Act, 1925 broadly covered the two types of successions namely testamentary
    succession and intestate succession. When a person makes a “Will” in writing, then doctrine of
    testamentary succession applies. In contrast, when a person dies without making any such will, then
    intestate succession is applicable. In other words, when there is no Will, then the deceased person's
    assets must be dispersed in accordance with the religious law (intestate succession).

    Objective and Overview of the Act


    The Indian Succession Act has been enacted to consolidate the law applicable to intestate and
    testamentary succession. The following act contains 392 sections divided into 11 parts.
    The following table illustrates the provisions mentioned under the act

    Parts Sections Particulars


    I Sec−1 to 3 Preliminary
    II Sec−4 to 19 Of domicile
    III Sec−20 to 22 Marriage
    IV Sec−23 to 28 Of consanguinity
    V Sec−29 to 56 Intestate succession
    VI Sec−57 to 191 Testamentary succession
    VII Sec−192 to 210 Protection of property of deceased
    VIII Sec−211 to 216 Representative title to property of deceased on succession
    IX Sec−217 to 369 Probate, letters of administration and administration of assets of deceased
    X Sec−370 to 390 Succession certificates
    XI Sec−391 to 392 Miscellaneous

    Applicability of Indian Succession Act


    The Act is applicable on religious group living in India (at that time) −

    Succession for Hindus


    According to the Indian Succession Act, 1925, the regulations governing testamentary succession
    apply to Hindus.

    Succession for Muslims


    The Indian Succession Act, 1925 does not apply to both the testamentary and intestate succession in
    the case of Muslims. The succession in their situation was based on the Quran and other sources.
    Succession for Sikhs
    Laws pertaining to Sikhs' testamentary succession are governed by the Indian Succession Act, 1925.
    However, the Hindu Succession Act of 1956 is applicable in Sikh intestate succession cases.

    Succession for Christians


    The Indian Succession Act, 1925 is relevant to both testamentary and intestate succession in the
    case of Christians.

    Succession for Jains


    The Jains are recognised as Hindus by the Indian Succession Act. As a result, the Jains are also
    subject to the same laws that apply to Hindus. The Indian Succession Act, 1925 specifies the
    testamentary succession laws, whereas the Hindu Succession Act, 1956 specifies the intestate
    succession laws that apply to Jains.

    Succession for Buddhists


    The Hindu Succession Act of 1956 governs intestate succession laws for Buddhists, while the
    Indian Succession Act of 1925 applies to testamentary succession laws.

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