Professional Documents
Culture Documents
ON
SUCCESSION
(PIL)
1
Mrs Supreet Tejeshwar Singh
170/12
UILS
ACKNOWLEDGEMENT
Tejeshwar Singh
2
INDEX
1. Succession
English law
Indian law
3. Jurisdiction of Court
Capacity
Formal Validity
Material or Essential Validity
3
SUCCESSION
single system of law, viz., and the law of the nationality of the
4
India, England and other countries which follow the
but also in the basic concept of will. The civil law countries,
testamentary succession.
It has been seen earlier in this Chapter, the English and cannot
5
Succession to the immovable property in India of a person
such person may have had his domicile at the time of his
death.
were divided half and half between a brother and a sister of Dr.
Shankaran who survived him. Before the Kerala High Court the
reckoned under the English law, the lex situs, or the Indian law,
6
therefore English law of succession applied. The learned judge
was argued before the English Court that the property being
Re Berthold and held that since the interest left by the deceased
into cash.
down in ss. 74 to 111 of the Succession Act, 1925. The lex fori
The Indian courts have all along taken that intention of the
7
dispositive words are to be given effect to and not to be
English Law
which determines the biers who are entitled to take the relative
1 Part I of this Chapter.
8
cooperation to which they are entitled to the right of
cooperation they would take the property under the law of the
domicile.
Indian Law
one law vlz., the Succession Act, 1925 though different rules of
9
Section 5 (2) of Succession Act, 1925, contains a rule of
in which such person had his domicile at the time of his death.
law.
10
jurisdiction purely on the basis of fixed place of abode of the
Intestate Succession
at the time of the death but by the law of his nationality i.e.
11
succession,6 Parsis by the Parsi law of succession,7 and
succession.8
the deceased at the time of his death. The question is: does the
12
under English private international law. In the case of a Muslim
that comply with the lex fori. An Indian Muslim has power to
Muslim law the personal law of the deceased (the law of his
Act, 1925.
his will comes into question before an Indian court, then such
13
bequeaths will not be valid, even if the Muslim died domiciled in
ambiguity, the court would apply that law with which the
deceased has most intimate connection and this can be the law
of the place where the made the will of the law of the country
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will, such as burning or tearing it, and (c) by marriage of the
should apply. In a third case the law of the domicile at the time
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