STEP

Title Research

India

India is the world’s largest democracy operating within the framework of federal parliamentary representative democratic republic with 29 states and six Union Territories. Its currency is the Indian Rupee (INR).
New developments

The Supreme Court of India recently gave a judgment on devolution of self-acquired property of a female Hindu dying intestate, with respect to which no clear position was provided under the existing laws. The judgment states that irrespective of the factual circumstances that may have existed, the self-acquired property of a female Hindu dying intestate will devolve as per the rules set out in Sections 16 of the Hindu Succession Act, 1956. Thus, the property of a female Hindu can be classified under two heads: (i) property inherited by the female Hindu from her father or mother and (ii) all other property that will fall under the general class.

1. Introduction

India is the world’s largest democracy operating within the framework of federal parliamentary representative democratic republic with 29 states and six Union Territories. Its currency is the Indian Rupee (INR).

The majority of the Indian population follows the religion of Hinduism, while the balance follows a host of different religions namely Islam, Christianity, Sikhism, Jainism and Buddhism. The Indian Succession Act was enacted in 1925, with a view to consolidate and bring, under its purview, the broad customary laws governing estate succession. Interestingly, different religious groups in India yet subscribe to different laws. Hindus have their own un-codified (part) and codified law (Hindu Succession Act, 1956), Muslims have their own textual law of inheritance (Islamic Law on Succession), Parsees, Christians and others (e.g. spouses following different religious faiths married under The Indian Marriage Act are covered under the Indian Succession Act).

Editorial board
Hanisha Amesur
Nishith Desai Associates, Mumbai, India
Bijal Ajinkya
Nishith Desai Associates, Mumbai, India

Advert

Article Search

© 2011 Society of Trust & Estate Practitioners