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What Is Testamentary Succession?

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0 2022-11-21T22:44:19+00:00

Hey Buddy,

When a loved one dies, it can be very difficult to deal with, especially if they were the family patriarch. While still alive, some make a Will and arrange for succession. However, a lot of people don't anticipate the necessity and leave it to chance. It might be difficult for the remaining family members to decide how the property should be divided up and passed on to heirs in such circumstances. Uncomfortable questions like "Who gets what, when, and how" still exist. The possible response is testamentary succession. Hence, let us now focus on the testamentary succession meaning. 

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What Is Testamentary Succession?

It can be summed up by saying that it is the legal transfer of property through a WILL or TESTAMENT. Any male or female may create a will under Hindu law to pass their property or assets to anyone. The law regards the Will as being enforceable and valid.

It's crucial to keep in mind that, in this case, the property is transferred in accordance with Will's terms rather than inheritance law. If the Will is defective or unlawful, the transfer or devolution of the property takes place in accordance with the law of inheritance. Alternately, the right of inheritance is another name for testamentary succession.

What legal system controls testamentary succession?

The Indian Succession Act of 1925 in India regulates both intestate and testamentary succession. Most crucially, although this legislation applies to all of India, it only applies to the Wills and codicils of Jains, Sikhs, Buddhists, and Hindus.

The Hindu Succession Act of 1956 also codifies intestate succession for Hindus and all of its exceptions. Jews, Christians, Parsis, and Muslims are not affected. For instance, Muslims are permitted to dispose of their assets and property in accordance with Muslim Law.

I would like to conclude here about the testamentary succession meaning. I hope this helps:)

Read More:

What is a Non Testamentary Document? Does a Last Will and Testament Need to be Notarized?   What is the Purpose of a Last Will and Testament?

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