Laws of Succession relate to legal principles of distribution of assets of a deceased individual. These include the order in which one person in preference of any or one person after another or any one person in particular share with any other person succeeds to the property/estate of the deceased person.
The laws of succession can broadly be divided in two parts, firstly, where deceased has left behind a valid and enforceable 'Will'; and secondly, where a person died without leaving behind such 'Will'.
Succession of the person dying without leaving a valid and enforceable Will, is called Intestate Succession. Principles of distribution of assets in this regard are based on personal laws applicable to deceased.
With the aid of catena of judgments and the current trend, the laws are more explanatory enhancing the scope of succession laws and thus are becoming more explanatory with rights of children who are legitimate, illegitimate, women; to the property.
Thus, Supreme Court in Mukatlal v. Kailash Chand, 2024 LiveLaw (SC) 388: AIR 2024 SC 2809, has held that "The Hindu female must not only be possessed of the property but she must have acquired the property and such acquisition must be either by way of inheritance or devise, or at a partition or "in lieu of maintenance or arrears of maintenance" or by gift or be her own skill or exertion, or by purchase or by prescription. Held, it becomes clear that the widow was never in possession of the suit property as the civil suit was filed by her claiming relief of title and possession was dismissed by Civil Court and was never challenged. Since, Smt. The widow was never in possession of the suit property, the Revenue suit for partition claiming absolute ownership under Section 14(1) of the Hindu Succession Act could not be maintained by her adopted son, by virtue of inheritance".
The book within itself is self-explanatory focusing on various aspects of succession based on Coparcenary property, Hindu Succession, Testamentary Laws of Succession of Hindu Males & Females including daughters, Christians, Muslims, Succession Certificates, Wills, Probates, Letters of Administration, Escheat, Rules of Interpretation related to Wills, Presumption & Proof; inter-alia the case laws delivered by the Hon'ble Supreme Court & High Court's of India, laying the ratio of law.