Short Description:
ISBN: 978-81-970814-6-0
AUTHOR: K.K. RAMANI & N.C. JAIN
Edition: 3rd edn., 2024
Year: 2024
Pages: 358
Chapter 1
An Overview of Succession Laws in India
1.1 Introduction
1.2 Laws of Intestate Succession in India
1.3 Indian Succession Act, 1925
1.4 Scheme of the Act
1.5 Laws Relating to Intestate Succession of Property of Hindus
1.6 Hindu Succession Law Prior to Codification (Prior to 17 June 1956)
1.7 Intestate Succession among Hindus after Codification
1.8 Hindu Succession Act, 1956
1.9 Succession Laws Applicable to Muslims
1.10 Testamentary Succession
1.11 Testamentary Succession among Hindus
1.12 Testamentary Succession among Muslims
1.13 Nominations, Joint Holdings and Associate Memberships
1.14 Summing up
Chapter 2
The Hindu Succession Act, 1956
2.1 Introduction
2.2 Patriarchal nature of Mitakshara School
2.3 Codification of Hindu Law
2.4 Hindu Succession Act, 1956
2.5 The Act is prospective in operation
2.6 General scheme of the Act
2.7 Hindu Succession (Amendment) Act, 2005
2.8 Notional partition
2.9 Substituted provisions of s. 6 as summarized
2.10 Whether Karta of HUF can make a gift of the family property
2.11 Hindus Marrying under Special Marriage Act not Governed by the Act
2.12 Properties Excluded from Application of the Act
2.13 Succession to Property of a Male Hindu Dying Intestate
2.14 Who are agnates?
2.15 Who are cognates?
2.16 Succession to Property of a Female Hindu Dying Intestate
2.17 Testamentary Succession of Coparcenary Interest
2.18 Rights of Guardians
2.19 Status of Adopted son
2.20 Status of children born out of void or voidable marriage
2.21 Status of child of live-in relationship
Chapter 3
Intestate Succession-Persons Other than Hindus and Musli
3.1 Introduction
3.2 Consanguinity
3.3 General rules under the Act
3.4 Succession in Case of Persons Other than Parsis (Indian Christians, Jews, Europeans, etc.)
3.5 The provision is discriminatory against mother
3.6 Intestate Succession among Parsis
3.7 Rules when deceased does not leave any lineal descendant summarised
Intestate Succession among Muslims
4.1 Introduction
4.2 Rule of Mohammedan Law
4.3 Rules of Personal Muslim Law — Shariat
4.4 Inheritance of the Property of Muslims Marrying under Special Marriage Act, 1954
4.5 Exclusion of Daughters from Inheritance by Custom or by Statute
4.6 Conversion to Another Religion
4.7 Hanafi Law of Inheritance
Chapter 5
Domicile of the Deceased
5.0 Introduction
5.1 Conflict of laws in different jurisdiction
5.2 Succession of Immovable Property
5.3 Succession to Movable Properties
5.4 What is a Domicile?
5.5 Domicile by birth
5.6 Domicile by choice
5.7 Domicile by dependency
5.8 Mode of acquiring domicile in India
5.9 Individual properties held before marriage
5.10 Relevance of Domicile for Hindus and Mohammadans
5.11 Effect of Migration
Chapter 6
Testamentary Succession
6.1 Testamentary Succession
6.2 Historical Development of Law Relating to Wills
6.3 Present Applicable Law
6.4 ‘Will’ defined
6.5 Persons Capable of Making a Will
6.6 Codicil
6.7 Different Types of Wills
6.8 Holograph Will
6.9 Mutual or reciprocal Will
6.10 Joint Will
6.11 Contingent or conditional Wills
6.12 Unnatural or inofficious Will
6.13 International Wills
6.14 Duplicate Will
6.15 Concurrent Wills
6.16 Discretionary Will
6.17 Oral Wills
6.18 Wills with directions as to application or enjoyment
6.19 Wills giving power of appointment
6.20 Wills creating postponed vested interests
6.21 Wills with liabilities attached
6.22 Bequest of Interest or Produce of a Fund
6.23 Bequest of annuities
6.24 Bequest of legacy to creditors or portioners
Chapter 7
Beneficiaries and Bequests under the Will
7.1 Introduction
7.2 Eligible Legatees
Persons disqualified as testator can be a legatee
7.3 Disabilities Attached to Certain Legatees
A. Person acting as witness/attesting the Will
B. Executor
7.4 Definition of Executor
C. Unborn person
7.5 Bequest to unborn person not in existence on death of testator
7.6 Bequest to unborn person subject to prior bequests
D. Heirs
7.7 Bequest to heirs
E. Murderers
7.8 Bequest to murderers
F. Charitable and religious use
7.9 Will in favour of religious or charitable uses
G. Creditors
7.10 Bequest to creditors and portioners
H. Portioners
7.11 In case of children, section 178 reads:
I. Class of persons
7.12 Bequest to class of persons
7.13 Beneficiaries under the Wills of Hindus
7.14 Legatees under Mohammedan Law
7.15 Bequests with Direction as to Application
7.16 Bequest for Purposes Some of which cannot be Fulfilled
7.17 Doctrine of In-terrorem
7.18 Lapsing of Legacy
Chapter 8
Property Subject to Testamentary Disposition
8.1 Introduction
Disposable Properties of Hindus
A. Daughter’s share in HUF property
8.2 Daughters to share in joint family property
B. Hindu Widow’s property
8.3 Share to wife
C. Hindu Women’s property
8.4 Hindu Women’s property
D. Undivided Share in family
8.5 Share in a joint family property
8.6 Properties of Mohammedans
8.7 Ademption of Legacy
8.8 Ademption of Legacy of Things Kept at Particular Place
8.9 Ademption of Right to Receive from Third Party
8.10 Conversion into Property of Other Kind
8.11 Specific Legacies
8.12 Demonstrative Legacies
Chapter 9
Execution, Registration and Safe Custody of Will
9.1 Introduction
9.2 Execution of Unprivileged Wills
9.3 Disability of certain witnesses
9.4 Execution of Wills made by Muslims
9.5 Execution of Privileged Will
9.6 Registration of Wills
9.7 Deposit of Wills with the Registrar
Revocation/Alteration/Revival of Will
10.1 Introduction
10.2 Automatic Revocation after Marriage
10.3 Revocation of Unprivileged Will by Act of Testator
10.4 Presumption as to Untraceable Wills
10.5 Modes of Revocation
10.6 Cancellation of Will
10.7 Revival of Revoked Unprivileged Will
10.8 Re-publication
10.9 Revocation of Privileged Wills
10.10 Effect of Obliterations, Interlineations or Alteration of Wills
10.11 Alterations after the execution
Probate and Letters of Administration
11.1 Introduction
11.2 Effect of Probate
11.3 Persons to whom Probate cannot be Granted
11.4 Instruments of which Probate cannot be Granted
11.5 Whether Probate is necessary to establish rights in court
11.6 Probate of Lost Will
11.7 Procedure for Application for Probate
11.8 Letter of Administration
11.9 Letter of Administration when deceased is Hindu, Buddhist, Sikh, Jain, Muslim or other exempted communities
11.10 Letter of administration when the deceased belongs to other communities
11.11 Establishment of right in court
11.12 Effect of Letter of Administration
11.13 Letter of Administration with Will annexed in case of testamentary succession
11.14 Executor versus Administrator
11.15 Duties of Executor or Administrator
11.16 Proving the Will
11.17 Caveats against grant of probate or administration
11.18 Administration Pendente Lite
11.19 Succession Certificate
11.20 Procedure for applying for certificate
11.21 Revocation of certificate
11.22 Protection of Property
11.23 Application for relief against wrongful possession
11.24 Processing of application
11.25 Appointment of curator
11.26 Cessation of authority
Chapter 12
Nominations and Joint Holding
12.1 Introduction
12.2 Nomination
12.3 Interest of members in cooperative housing societies
12.4 nsurance policies
12.5 Government securities
12.6 Shares of limited companies
12.7 Deposits in banks including in safe deposit vaults
12.8 Gratuity
12.9 Provident Fund
12.10 Share in partnership
12.11 Conclusion
12.12 Joint Membership in Co-operative Housing Societies
Chapter 13
Tax Implications of Succession
13.1 Introduction
13.2 Income for the period upto the death
13.3 Income for the period subsequent to death
13.4 Income subsequent to distribution
13.5 Who is a Legal Representative?
13.6 Liability of legal representative
13.7 Succession through Private Trusts
13.8 Tax Treatment of Trusts
13.9 Succession of property of joint Hindu families
13.10 Sole surviving coparcener
13.11 Taxation of Legatee
13.12 Computation of cost of acquisition
13.13 Full value of consideration
Chapter 14
Executing a Will
14.1 Introduction
14.2 Capacity to make the Will
14.3 Capacity to make bequest
14.4 Property to be Bequeathed
14.5 Eligibility of Legatees
14.6 Appointment of Executor
14.7 Revocation of Earlier Wills
14.8 Attestation by Witnesses
14.9 Time and Manner of Vesting of Property
14.10 Writing a Will-Precautions to be Taken
14.11 Signing of the Will
14.12 Inclusion of Earlier Documents Expressing Interest
14.13 Who should Write the Will
14.14 Choice of Language
14.15 Phrasing of Wills
14.16 The beginning
14.17 Rules for ascertaining the intention
14.18 Registration of a Will (Section 40 of the Registration Act, 1908)
14.19 Depositing the Will (Section 42 of the Registration Act, 1908)
Advance Medical Directive (Living Will)
15.1 Living Will
15.2 Living Will, significance
15.3 P Rathinam Case
15.4 Gian Kaur’s Case
15.5 Aruna Shanbaug Case
15.6 Euthanasia
15.7 17th. Law Commission Report
15.8 Advance Medical Directive (AMD)
15.9 Subsequent relaxations in procedure
15.10 How to write a Living Will
15.11 Living Will in other Countries
15.12 Mental Health Act, 2017
Appendix 1 Relevant Provisions of the Indian Succession Act,1925 (Act XXXIX of 1925)
Appendix 1A Proposed Amendments based on the report of theLaw Commission
Appendix 2 The Hindu Succession Act, 1956
Appendix 3 State amendments of the Hindu Succession Act1956
Appendix 4 The Hindu Succession (Amendment) Act, 2005
Appendix 5 The Registration Act, 1908 — Relevant Provisions
Appendix 6 Specimen copies of Wills
Appendix 7 Specimen of Codicil
Appendix 8 Specimen of Creation of a Discretionary Trustunder the Will
Appendix 9 Specimen of Advance Medical Directive (LivingWill)
Appendix 10 Specimen of Petition seeking Probate
Appendix 11 Relevant extracts of Supreme Court Order regardingmodifications for the then existing guidelines toexecute AMD
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