Testamentary and Intestate Succession Services

Laws governing Testamentary and Intestate Succession Services

Testamentary and Intestate Succession Services has evolved in the due course of time and has gained importance in India, being predominantly ruled by the provisions of the Indian Succession Act 1925. Succession in itself is one of the most prestigious titles in law, since the rights of a person at some point of time will have to pass on to his generations. 

When an individual dies leaving his property, the question arises as to whom will the property be bequeathed to, who stands eligible among his heirs to claim his hard earned or ancestral property. He is said to die testate if he has a registered Will, and is said to have died intestate if no Will is made. In order to consolidate with the various issues with regards to the dispensation of property after the need for Testamentary and Intestate Succession Services was felt. 

There are some Indian statutes governing the Testamentary and Intestate Succession Services, which are as follows:

  • Indian Succession Act:

The Indian Succession Act 1925 consolidates all the laws related to testamentary and intestate succession. It applies to the wills and codicils of the Hindu, Buddhists, Parsi, Jains and Christians. However, the Mohammedans are not ruled by this law for both Testamentary and Intestate Succession but by the provisions of their personal law.

  • Hindu Personal Laws:

The Hindu Succession Act, 1956, governs the intestate succession of Hindus, Sikhs, Buddhists, Jains and Parsi. If an individual belonging to any of these religions dies intestate, the provisions of Hindu Succession Act applies. If he dies testate, the provisions of Indian Succession Act prevail.

  • Muslim Personal Laws:

The laws governing the Muslims with regards to succession are different from the other laws. The provisions of the Mohammedan Law of Inheritance, governs the Testamentary and Intestate Succession of the Muslims. 

  • Indian Registration Act:

Registration of Wills has not been made mandatory in India for both moveable as well as immoveable properties, but its authenticity is proven and will serve as a solid piece of evidence if registered. Section 18 of the Registration Act, 1908, governs registration of wills.

Types of Testamentary and Intestate Succession Services

Testamentary and Intestate Succession Services, involves dealing with any of the matters specified beneath, relating to this field, as part of the practice:

Primary choice of matters of Testamentary and Intestate Succession Services involves drafting, registration, revocation, amendment and execution of wills, litigation matters involving fraudulent wills, wills obtained by coercion, invalid wills, lost or no wills, dispensation of property in case of void Wills, adjudication of claims with respect to property and other related matters.

The field of Testamentary and Intestate Succession Services does not require hard work as its main ingredient but honesty, since the malafide intentions and sloppy dishonest drafting of the advocates does not effectuate the desires of the testator, giving rise to a number of litigations. Hence if you are interested in offering Testamentary and Intestate Succession Services to your customers, ensure honesty is at check amalgamated with bonafide intentions.

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