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Report No. 247

Scheme of the Act - The Succession Act broadly divides succession into intestate and testamentary succession. While the provisions of the Act relating to intestate succession are applicable to particular classes or communities of people leaving the personal law, statutory and otherwise of the two major communities in India, namely Hindus and Muslims, untouched. The provisions of the Act dealing with testamentary succession are generally made applicable to everyone in India except those exempted under the Act and a few others.

The Act has been divided into eleven parts and some of the parts have been sub-divided into chapters. Part-I relates to preliminary dealing with definitions and power of the State Government to exempt certain classes of persons from the operation of the Act. Part-II lays down the law relating to domicile. The concept is of importance, because the application of the Act to movable property of a person depends thereon. However, this part, does not apply if the deceased was a Hindu, Muhammadan, Budhist, Sikh or Jaina. Part-III states the effect of marriage on the rights of succession.

Part-IV treats of the concept of consanguinity - against a concept of importance for the purposes of intestate succession. Part-V enacts the provisions relating to the intestate succession. It deals with the order of intestate succession. As the present work largely involves issues of intestate succession, Part-V of the Act constitutes the main concern of the work that follows.

Part-VI, which is the longest part of the Act and comprises twenty-three chapters and deals with testamentary succession though, may constitute the most important portion of the Act, though not very relevant from the perspective of present study. However, continuing about the general scheme of the Act, Part-VII deals with the protection of the property of the deceased and Part-VIII with representative title to the property of the deceased. Part-IX relates to probate, letter of administration and administration of the assets of the deceased and Part-X regulates the grant of succession certificate.

Sections 41 to 48 of the Indian Succession Act, 1925 - Proposed Reforms Back

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