Indian Succession Act: Laws, Amendments & Application

Indian Succession Act

Edited By Ritika Jonwal | Updated on Jul 02, 2025 05:40 PM IST

The term "succession" describes a circumstance in which a person receives a title or property from his ancestors. When there is an intestate transaction or a transfer of property by application of law, succession rules are relevant. Different personal laws govern succession in India under Family Law. These laws include the Indian Succession Act 1925, Muslim law that applies exclusively to Muslims, and Hindu law that applies only to Hindus. It applies to people of all faiths, except for Muslims, who are subject to their specific laws of succession. It establishes the guidelines for both the division of a person's assets upon death (intestate) and the process by which assets of a person who passes away testate are divided.

This Story also Contains

Evolution of Succession Rights in India
The Indian Succession Act 1925
Essential Elements of a Will
The Hindu Succession Act 1956
What distinguishes the Hindu Succession Act from the Indian Succession Act?
Case Laws
Hindu Succession Act 2005
Conclusion

Indian Succession Act

Evolution of Succession Rights in India

The term "intestate transaction" pertains to the rules of inheritance that come into play when the owner of the last piece of property passes away without leaving behind a will, a present, or any other agreement specifying how the property should be distributed. Should the ultimate beneficiary die without a will, it will dictate the distribution of their assets.
In India, it is widely believed that the rules governing divorce, child support, and wealth split would be the same regardless of the specific legal system in place. In this regard, if a marriage is registered under the Hindu Marriage Act, Hindu Laws will also govern the divorce procedure, the payment of child support, and the allocation of assets. The Hindu Succession Act, of 1956 will also govern property distribution. Specifically, the law-making group revised multiple sections of the Hindu Succession Act, 1956 in 2005.
Before the 2005 amendment, only males were permitted to inherit property; daughters were not recognised as co-owners and had no rights to property during asset distribution or split. Not only did regulations about inheritance evolve under the Hindu Succession Act, but the Indian Succession Act also underwent changes that made it more beneficial for both sons and daughters, rather than only boys.

The Indian Succession Act 1925

On October 30, 1925, the Indian Succession Act 1925 was unveiled. This act was implemented to prevent disputes within families over the distribution of ancestral assets among the descendants. The Indian Succession Act of 1925 outlines the steps for distributing a person's belongings upon their death through a will, and it also regulates the distribution of assets to beneficiaries in the event of a person's death without a will. The Indian Succession Act was enacted to tackle the disputes that emerge when the head of the family dies without leaving a final will. The legislation clearly states that if the main provider or the owner of the property dies without distributing the property to his descendants, then as per the Indian Succession Act 1925, the property will be shared equally among all the descendants. Different religions have specific rules that are implemented without violating any religious convictions.

Key Features of the Indian Succession Act 1925

The key characteristics of the Indian Succession Act 1925 include:

Features	Description
Testament Succession	The distribution of assets in line with a decedent's will or testament is known as testamentary succession, and it is covered under the Indian Succession Act. It lays forth procedures for writing, executing, and voiding wills.
Succession via Intestacy	Should a person pass away without having a legally valid will, the process for distributing their assets according to the Indian Succession Act of 1925 is set out. This act outlines the order in which the living relatives of the deceased have the right to claim the deceased's possessions.
Distribution of Property	The legislation outlines rules for distributing assets among the beneficiaries. It details the entitlements and portions of various types of legal beneficiaries, such as parents, offspring, spouses, and other family members. The law also details how ancestral property will be divided and the protection of the rights of adopted children.
Rights and obligations of executors and administrators	The law outlines the responsibilities, authority, and rights of executors and administrators. It makes their roles in handling and allocating the estate, paying off debts, gathering assets, and dealing with issues related to inheritance clear.
Limitation Period:	The law sets a time limit for submitting claims and disagreements related to inheritance. This helps ensure quick settlements and prevents long legal battles.
Contingent and Conditional Wills:	The legislation permits the formation of backup and dependent wills. A backup will take effect after a particular event takes place, whereas a dependent will is contingent upon the satisfaction of specific criteria outlined in the will.
Succession Certificates	The law allows the court system to grant succession certificates to verify an individual's right to receive the deceased's liabilities and possessions. These papers often have a vital function in the transfer of shares, bank accounts, and other real estate.
Applicability	The law applies to the whole nation, with the exception of Jammu and Kashmir. It applies to everyone, no matter their country of origin or faith, with some exceptions for specific categories.

Section 63 of Indian Succession Act

Section 63 of the Indian Succession Act deals with the execution of unprivileged wills. It specifies that the testator must sign or affix his mark to the Will, or that it be signed by another person in his presence and under his command.

Section 276 of Indian Succession Act

Section 276 of the Indian Succession Act of 1925 addresses petitions for probate or letters of administration.

Section 372 of Indian Succession Act

Section 372(1)(d) requires the petitioner to specify the right he or she claims, implying that the claimant must have some title or interest in the debt. If the individual with the title or interest is a minor, he is the only one who may seek for a succession certificate.

What is a Probate Certificate in the context of the Indian Succession Act 1925?

According to the Indian Succession Act of 1925's Section 2(f)[1], "probate" is described as a will that has received the court's official stamp of approval. The person applying (who serves as an executor under the will) is granted privileges concerning the management of a deceased person's assets via the probate process. The court adheres to a legal procedure to ascertain the validity and genuineness of a will. This includes identifying the beneficiaries, the executor of the will, and the value of the estate.

Who are the Claimants in the Indian Succession Act?

As per the Indian Succession Act 1925, the heirs are given to the kin, which includes the children of the deceased son/daughter, spouse, and brother, among other family members. Additionally, it's stated that if the person who passed away's parents are alive, then the inheritance will be passed on to them. This usually happens with Hindu women. In the Hindu Succession Act, there's a distinct rule regarding property that a woman Hindu inherits from her father or mother. Should she not have a son or daughter, the property will be passed on to her father's legitimate descendants.

Essential Elements of a Will

A Will under the Hindu Succession act is a legal piece of paper that can be made by people who are 18 years or more in age. In a Will, the individual decides how to allocate their possessions and assets to their beneficiaries in any way they wish. Important elements consist of:

Testamentary Ability: The individual creating the will needs to be mentally sound and older than the age of majority.
Execution and Attestation: The will needs to be signed by the creator in the company of two observers.
Reversibility; The person making the will can change or cancel it at any point throughout their life.

Passing on Without a Will

When a person dies without leaving a will, the Indian Succession Act ensures an equitable division among the rightful heirs. This process involves issuing a death certificate, sending out legal notices for any claims, and finally allocating the property in line with the legal system. Individuals looking to gain a more profound insight into the process of handling certain elements of the Indian Succession Act, like Probate, Letters of Administration, and Succession Certificates, in intricate situations.

The Hindu Succession Act 1956

The Hindu Succession Act 1956, pertains to the distribution and transfer of assets after death. This legislation establishes a detailed and consistent framework that includes both the transfer of power and the distribution of assets. This legislation also addresses the matter of succession by individuals who die without a will (testamentary succession). Hence, this legislation encompasses all elements of Hindu inheritance and incorporates them within its scope.

The two well-known legal systems, sometimes referred to as the Dayabhaga School and the Mitakshara School, lay the groundwork for Hindu personal law. According to the Mitakshara School, there are two methods for passing property down, as follows:

Devolution via Survivorship
Devolution of Succession

The concept of survivorship is applicable only when it pertains to property jointly owned by a family or divided among siblings. Conversely, the rules regarding the transfer of property that isn't jointly owned by someone else are applicable in this situation. Nonetheless, the Dayabhaga educational system prioritizes succession as the sole method of passing on property.

Applicability; The Hindu Succession Act, 1956

Section 2 of this legislation specifies the scope of this legislation. This legislation applies to:

Individuals who identify as Hindu, whether through their religious beliefs or various sects and branches, such as Virashaivas, Lingayats, or Brahmos, who are members of Prarthna or Arya Samaj, are considered part of this group.
People who follow Buddhism, Sikhism, or Jainism are also included in this category.
Any individual who does not belong to the Muslim, Christian, Parsi, Jewish, or Hindu faiths, unless it can be demonstrated that this individual would not be subject to Hindu law or tradition.
This regulation will also be implemented across the whole nation of India.
However, this section will not be operational for any Scheduled Tribes as outlined in Article 366 of the Constitution, unless there's a contrary directive from the Federal Government issued through a notice in the Official Gazette.

Laws of Succession in Other Religions;

Muslim Laws

The laws of inheritance in Islam, which are based on religious guidelines, vary from those outlined in the Indian Succession Act. Main characteristics encompass predetermined inheritances for descendants, Agnatic Succession within Sunni beliefs, a focus on hereditary ties by Shia, predetermined inheritances for kin, inheritance through wills up to one-third, a preference for males as heirs due to gender roles, continuous discussions for changes, and difficulties in applying consistently.

Christian Laws

In India, the 1925 Indian Succession Act dictates how property is passed down among Christians. It provides for wills that are adaptable, guarantees fair distributions among main beneficiaries in cases without a will, offers a portion to widows, supports equal distribution among sons and daughters, and encounters difficulties in intricate situations. Changes are restricted.

Parsi Laws

In India, Parsis follow the Indian Succession Act of 1925 to pass down property and merge legal regulations with distinct cultural traditions. Estate planning enables the distribution of assets through wills, which frequently necessitate legal validation. In situations where there's no will, the law guarantees that both males and females receive equal shares of the estate.

What distinguishes the Hindu Succession Act from the Indian Succession Act?

The distinctions between the Indian Succession Act 1925 and the Hindu Succession Act include the following:

Basic difference	Hindu Succession Act	Indian Succession Act
Enactment	The Hindu Succession Act was enacted on June 17, 1956.	The Succession Act in India was enacted on October 30, 1925.
Enacted by	The Parliament of India	King Henry Maine started this law.
Claimants	The Hindu Succession Act is specifically for Hindus, Jains, Sikhs, and Buddhists.	Nonetheless, the Indian Succession Act also covers individuals who are not followers of Islam or Hinduism.

Case Laws

Madhavi Amma Bhawani Amma and others v. Kunjikutti Pillai;

The primary inquiry posed in this appeal concerns, whether a decision issuing a Succession Certificate under Section 373 of the Indian Succession Act 1925 would serve as a final judgment to the case for division submitted in a civil court by the same individuals.

The brief details are as follows:

The case was about making a formal statement, dividing the property, and getting back ownership of the schedule of properties in the lawsuit. The mentioned defendant also submitted O.P. No. 33 of 1974 in the same court to get a Succession Certificate so they could receive funds from the Life Insurance Corporation.

John Vallamattom and Anr. vs Union of India (Uoi) on July 21, 2003

Priest Father John Vallmattom (Petitioner 1) hailed from the Kothamangalam diocese in Kerala and was a Roman Catholic Priest. The other petitioner, also a Christian, also opposed the Indian Succession Act, of 1925 (the 'Act'), focusing specifically on Section 118 of the Act. They argued that the rule stopped members of the Christian group from transferring assets for religious or charitable uses, making it discriminatory. Section 118 originated from old British laws. Beginning with the Charitable Uses Act of 1735, any bequest for charitable reasons was considered invalid by nature. The original law was superseded by the Mortmain and Charitable Uses Act of 1888 (Mortmain). Under Mortmain, charitable organizations were mandated to obtain royal permits for any sale or donation of assets or risk losing their assets to the Crown.

Hindu Succession Act 2005

The Hindu Succession (Amendment) Act of 2005 made a significant contribution by providing coparcenary rights to daughters. Following the Hindu Succession (Amendment) Act of 2005, a daughter has the same rights as a son to become a coparcener.
The Supreme Court ruled that a woman/daughter is deemed a joint legal successor with a son and can inherit ancestral property in the same way as a male heir can, regardless of whether the father died before the Hindu Succession (Amendment) Act, 2005, went into force.

Conclusion

The Indian Succession Act of 1925 is an essential law that regulates the transfer of property and inheritance in India. Ensuring an orderly and equitable transfer of assets among heirs following an individual's death is its main goal. Aspects like intestate succession, testamentary succession, and estate administration are all covered under the Act. One of the major strengths of the Act lies in its all-encompassing strategy for inheritance, which covers people from both Hindu and non-Hindu backgrounds.

Frequently Asked Questions (FAQs)

1. What are the Indian Succession Act's key clauses?

The land would be shared equally among the widow, mother, and every single child. Should any of the children pass away, their spouse and any surviving children will get their share together.

2. How to demonstrate the validity of a will under the Indian Succession Act?

The document needs to be confirmed by a minimum of two individuals, who must have watched the person making the will either sign it or use their signature on it.

3. Who are the lawful heirs of Class 2?

Class II recipients encompass the brother or sister of the father, his kids, or any offspring, along with all siblings who are genetically linked.

4. Who is ineligible for probate according to the Indian Succession Act?

A grant of probate is not possible for anyone under the age of 18 or who is mentally incapacitated, nor for any group of people.

5. Who are the rightful beneficiaries according to the will?

As per the legislation, the spouse and offspring are designated as Class 1 beneficiaries.

6. What is the Succession Act in India?

The Indian Succession Act, of 1925 deals with the legal process of inheritance and the distribution of a deceased person's property. It ensures a uniform law for succession across different religions in India, except for Muslims.

7. How does the Indian Succession Act address the issue of undue influence in will-making?

The Indian Succession Act requires that a will be made voluntarily and without undue influence. If it can be proven that a will was made under coercion or undue influence, the will can be declared invalid. The burden of proving undue influence typically falls on the person alleging it. Courts consider factors such as the testator's mental state, their relationship with the beneficiaries, and any suspicious circumstances surrounding the will's creation.

8. How does the Indian Succession Act address the concept of "lapse" in bequests?

Lapse occurs when a beneficiary named in a will dies before the testator. Under the Indian Succession Act, if a bequest is made to a child or other lineal descendant of the testator, and the beneficiary dies before the testator leaving lineal descendants, the bequest does not lapse but goes to those descendants. In other cases, the bequest typically lapses and becomes part of the residuary estate.

9. What is the "doctrine of election" in the context of the Indian Succession Act?

The doctrine of election states that a person cannot accept a benefit under a will while also retaining property that the will seeks to give to someone else. For example, if A leaves B's property to C and his own property to B, B must choose (elect) whether to keep his own property and forfeit the gift from A, or accept A's gift and give up his property to C. This doctrine ensures fairness in the distribution of estates.

10. What is a "contingent bequest" under the Indian Succession Act?

A contingent bequest is a gift in a will that depends on the occurrence of a specific event or condition. For example, "I leave my house to my nephew if he graduates from college." If the condition is not met, the bequest fails. The Indian Succession Act recognizes and enforces such bequests, provided they are not impossible or illegal.

11. Can a person revoke their will under the Indian Succession Act? If so, how?

Yes, a person can revoke their will under the Indian Succession Act. This can be done in several ways:

12. What are the essential elements of a valid will under the Indian Succession Act?

A valid will under the Indian Succession Act must meet the following criteria:

13. What is a "codicil" under the Indian Succession Act?

A codicil is a legal document that modifies, adds to, or revokes part of an existing will. It must be executed with the same formalities as a will under the Indian Succession Act. Codicils allow testators to make changes to their will without having to rewrite the entire document, providing flexibility in estate planning.

14. Can a minor make a will under the Indian Succession Act?

No, a minor cannot make a valid will under the Indian Succession Act. The Act stipulates that a person must be of the age of majority (18 years, or 21 for Indian Christians) to create a legally binding will. Any will made by a minor is considered void.

15. What is a "privileged will" under the Indian Succession Act?

A privileged will is a special type of will that can be made by soldiers, airmen, or sailors who are on active military service. These wills are exempt from the usual formalities required for regular wills. A privileged will can be oral or written and does not require witnesses. However, it becomes invalid one month after the testator ceases to be in active service.

16. What is a "residuary legatee" under the Indian Succession Act?

A residuary legatee is a person named in a will who receives the remainder of the estate after all specific bequests and debts have been paid. This is an important concept in the Indian Succession Act as it ensures that any property not specifically mentioned in the will or any gifts that fail are not left undistributed.

17. How does the Indian Succession Act handle the inheritance rights of transgender individuals?

The Indian Succession Act does not explicitly address transgender individuals. However, following the Supreme Court's recognition of transgender as a third gender in 2014 (NALSA v. Union of India), transgender individuals have the same inheritance rights as any other person under the Act. Their gender identity should not affect their rights to inherit or bequeath property.

18. How does the Indian Succession Act handle the inheritance rights of posthumous children?

Under the Indian Succession Act, a child who is in the womb at the time of the testator's death and is subsequently born alive is considered a living person at the time of the testator's death. This means that posthumous children have the same inheritance rights as children born during the testator's lifetime, both in cases of testamentary and intestate succession.

19. What is the significance of the "rule against perpetuities" in the Indian Succession Act?

The rule against perpetuities, while not explicitly mentioned in the Indian Succession Act, is a common law principle that is generally applied in Indian succession law. It prevents property from being tied up indefinitely by limiting the duration of trusts and other future interests. Under this rule, an interest must vest, if at all, within 21 years after the death of a life in being at the creation of the interest. This ensures that property remains in commerce and prevents excessive control from beyond the grave.

20. How does the Indian Succession Act treat the inheritance rights of illegitimate children?

The Indian Succession Act does not explicitly address the inheritance rights of illegitimate children. However, under the Hindu Succession Act (which applies to Hindus, Buddhists, Sikhs, and Jains), illegitimate children have inheritance rights to their mother's property but not to their father's property unless specifically mentioned in a will.

21. What is a "Class I heir" under the Indian Succession Act?

Class I heirs are the closest relatives of the deceased who have the first right to inherit property in case of intestate succession. For Hindus, Class I heirs include the deceased's children, widow, mother, and children of predeceased children. The property is divided equally among Class I heirs, with certain exceptions for the widow's share.

22. How does the Indian Succession Act handle conflicting claims between a will and a registered adoption deed?

In case of conflict between a will and a registered adoption deed, the general principle is that the later document prevails. However, if the will was made after the adoption but explicitly excludes the adopted child, the courts may consider the circumstances and intentions of the testator. It's important to note that adoption creates legal rights equivalent to those of a biological child, which can complicate such conflicts.

23. How does the Indian Succession Act handle the inheritance of agricultural land?

The Indian Succession Act generally does not apply to agricultural land. The succession of agricultural land is governed by state-specific laws and personal laws. This exclusion is meant to prevent the fragmentation of agricultural holdings and to respect local customs and practices related to land ownership.

24. What is the concept of "hotchpot" in the Indian Succession Act?

Hotchpot is a principle where advancements made to heirs during the testator's lifetime are taken into account when distributing the estate. Under this concept, heirs who received gifts or advancements must bring these into account before receiving their share of the estate. This ensures fairness among heirs and prevents double-benefiting. While not explicitly mentioned in the Indian Succession Act, this principle is often applied in Indian succession law.

25. What is the Indian Succession Act, and when was it enacted?

The Indian Succession Act is a comprehensive law governing inheritance and succession in India. It was enacted in 1925 to consolidate and simplify the laws relating to intestate and testamentary succession. The Act applies to all communities in India except Muslims, who are governed by their personal laws.

26. What is the concept of "domicile" in the Indian Succession Act, and why is it important?

Domicile refers to the country that a person considers their permanent home. In the context of the Indian Succession Act, domicile is important because it determines which country's laws will apply to the succession of a person's movable property. The law of domicile at the time of death governs the distribution of movable property, while immovable property is governed by the law of the country where it is located.

27. What is the difference between testamentary and intestate succession under the Indian Succession Act?

Testamentary succession occurs when a person dies leaving a valid will, and the property is distributed according to the wishes expressed in the will. Intestate succession applies when a person dies without leaving a valid will, and the property is distributed according to the rules laid down in the Indian Succession Act based on the deceased's religion and relationship to heirs.

28. How does the Indian Succession Act handle the inheritance rights of adopted children?

Under the Indian Succession Act, adopted children have the same rights of inheritance as biological children. Once a child is legally adopted, they are considered to be the child of the adoptive parents for all purposes, including inheritance. This applies to both testamentary and intestate succession.

29. What is the role of an executor in the Indian Succession Act?

An executor is a person appointed by the testator in their will to administer the estate and carry out the instructions in the will. The executor's responsibilities include:

30. How does the Indian Succession Act differ from personal laws in matters of inheritance?

The Indian Succession Act is a secular law that applies uniformly to most communities in India, except Muslims. Personal laws, on the other hand, are specific to religious communities and may have different rules for inheritance. The Act aims to provide a unified system of succession, while personal laws often reflect traditional or religious practices.

31. Can a person create a will to dispose of ancestral property under the Indian Succession Act?

The Indian Succession Act primarily deals with self-acquired property. Ancestral property is generally governed by personal laws or specific statutes like the Hindu Succession Act. In most cases, a person cannot create a will to dispose of ancestral property as it is considered joint family property with pre-existing inheritance rights.

32. Can a person disinherit their children completely through a will under the Indian Succession Act?

Yes, under the Indian Succession Act, a person has the freedom to dispose of their property as they wish through a valid will. This includes the right to disinherit their children completely. However, it's important to note that this applies only to self-acquired property and not ancestral property governed by other laws.

33. What is "probate" and when is it required under the Indian Succession Act?

Probate is a legal process where a court certifies that a will is genuine and valid. Under the Indian Succession Act, probate is mandatory for wills made by Hindus, Buddhists, Sikhs, or Jains in the presidency towns of Calcutta, Madras, and Bombay. In other cases, probate is optional but often recommended to avoid disputes and facilitate the execution of the will.

34. How does the Indian Succession Act handle simultaneous deaths of spouses?

The Indian Succession Act does not have specific provisions for simultaneous deaths. In such cases, it is generally presumed that neither spouse survived the other, and their estates are distributed as if they had died intestate. However, if a will specifies what should happen in case of simultaneous death, those instructions would be followed.

35. How does the Indian Succession Act treat joint tenancy and tenancy-in-common?

The Indian Succession Act recognizes both joint tenancy and tenancy-in-common. In joint tenancy, when one owner dies, their share automatically passes to the surviving joint tenant(s). In tenancy-in-common, each owner's share can be passed on according to their will or intestate succession laws. The Act allows property owners to specify which form of ownership they prefer.

36. What is a "demonstrative legacy" under the Indian Succession Act?

A demonstrative legacy is a bequest of a specific sum of money or quantity of goods to be paid or given out of a particular fund or source. For example, "I leave $10,000 to my sister, to be paid out of my savings account at XYZ Bank." If the specified source is insufficient, the legacy is paid out of the general assets of the estate. This concept helps balance the testator's intentions with the practical realities of estate administration.

37. How does the Indian Succession Act address the concept of "ademption"?

Ademption occurs when a specific bequest in a will cannot be fulfilled because the property no longer exists or has been substantially changed at the time of the testator's death. For example, if a will leaves "my car" to someone, but the testator sold the car before death, the gift is considered adeemed. The Indian Succession Act recognizes this concept, and in such cases, the beneficiary typically does not receive a substitute gift unless the will provides for one.

38. What is a "mutual will" and how is it treated under the Indian Succession Act?

A mutual will is an agreement between two people, usually spouses, to make wills with reciprocal provisions. While the Indian Succession Act doesn't specifically address mutual wills, they are generally recognized by Indian courts. The key feature of a mutual will is that after one party dies, the surviving party is bound by the agreement and cannot revoke or alter their will. This can create complications, so courts carefully scrutinize claims of mutual wills.

39. What is the concept of "abatement of legacies" under the Indian Succession Act?

Abatement of legacies occurs when the estate is insufficient to pay all the legacies in full. The Indian Succession Act provides rules for how legacies should be reduced in such cases. Generally, specific legacies are paid first, followed by demonstrative legacies, and then general legacies. Within each category, legacies abate proportionally unless the will specifies a different order.

40. How does the Indian Succession Act address the issue of lost or destroyed wills?

If a will is lost or destroyed, it can still be probated under the Indian Succession Act if there is sufficient evidence of its contents and due execution. The person seeking to prove the lost will must establish:

41. What is a "contingent will" under the Indian Succession Act?

A contingent will is a will that only takes effect if a specific event occurs. For example, "This will shall only take effect if I die during my upcoming sea voyage." The Indian Succession Act recognizes such wills, but they must meet all the formal requirements of a regular will. If the specified event doesn't occur, the will does not come into effect, and the testator's property is distributed as if they died intestate (unless there's another valid will).

42. How does the Indian Succession Act handle conflicts between multiple valid wills?

When there are multiple valid wills, the general rule under the Indian Succession Act is that the latest will prevails, as it represents the testator's most recent intentions. However, if the wills cover different aspects of the estate without conflicting, they may be read together. In case of partial conflicts, the court will try to harmonize the wills as much as possible, giving effect to the testator's intentions as expressed in each document.

43. What is the concept of "marshalling" in the context of the Indian Succession Act?

Marshalling is a principle used in estate administration to ensure fair distribution when different beneficiaries have claims on different parts of the estate. For example, if one beneficiary is left a specific property that is mortgaged, and another is left the residue of the estate, marshalling may require the mortgage to be paid off from the residue before distribution. This principle, while not explicitly mentioned in the Act, is often applied in Indian succession law to achieve equitable outcomes.

44. How does the Indian Succession Act address the issue of international wills?

The Indian Succession Act does not have specific provisions for international wills. However, Indian courts generally recognize foreign wills if they comply with either the law of the country where they were made or Indian law. For immovable property in India, the will must comply with Indian law regardless of where it was made. It's often advisable to have separate wills for assets in different countries to avoid conflicts between different legal systems.

45. What is a "donatio mortis causa" and how is it treated under the Indian Succession Act?

A donatio mort