The Hindu Succession Act preserves the dual mode of devolution of property under the Mitakshara school. The Hindu succession Act,1956 bases its rule of succession on the principle of propinquity, i.e., the preference of heirs on the basis of proximity of relationship. A person so long as he is alive, is free to deal with his property in any manner he likes. By making a will, he is free to determine a scheme of distribution of his property after his death. This is known as a testamentary disposition. If he dies without leaving a will, it is the object of the law of inheritance to determine the persons who will take his property. In our contemporary world, someone must be the owner of the property, an individual, corporate person or the state. The law of succession is classified as under:
- Testamentary succession
- Intestate succession
The law of Testamentary succession is concerned how best the effect could be given to the wishes of the testators (i.e., the person who made the will); what are the rules relating to making of a will and allied and subsidiary matters. The testators enjoy full freedom of bequeathing his property. All matters relating to testamentary succession are laid down in Indian Succession Act, 1925.
The law of intestate succession is concerned with the matters such as who are the persons entitled to take property, i.e., who are the heirs; what are the rules of preference among the various relations; in what manner the property is to be distributed in case a person has more than one heir; What are the disqualifications of the heirs and the allied and subsidiary matters. The Law of Intestate succession is most probably the law of Inheritance. The law of inheritance contains rules which determines the mode of devolution of property of the deceased on heir solely on the basis of their relation ship to the deceased , while the law of testamentary succession deals with the rules relating to devolution of property on relation as well as others .
Reference:
- Family Law – Dr. Paras Diwan – Allahabad Law Agency
- https://www.jstor.org
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