Law of Intestate and Testamentary Succession

This is the revised and updated third edition, incorporating latest case law. Prophet Mohammed said, Learn the laws of succession and teach them to people, for they are one-half of the useful knowledge This work makes available this one half of the useful knowledge both testamentary and intestate succession among Hindus, Muslims, Christians and Parsis in a language and style which brings this knowledge in the comprehension of even a layman, though the work is primarily written keeping in view the need of the practitioner and the scholar of law.

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 of 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 the Law of succession.

The law also 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 his death. This branch of law is called testamentary succession.

This book deals with intestate and testamentary succession among all communities in India, in a very simple and lucid style intelligible to all sections of society.