Unit 4 of Family Law I (Muslim, Parsi and Christian Law; Indian Succession Act) (syllabus: Module 4 — scheme and application; domicile; intestate succession; testamentary succession). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- Before working out any shares, how do you tell whether the Succession Act applies to this deceased at all?
- An Indian Christian dies in London leaving a flat in Mumbai and a bank account in London. Which law governs each?
- A man dies intestate leaving a widow and three children. What does she take, and how do you order the calculation?
- A Parsi dies leaving a widow, five children and his mother. How is the estate divided?
- The chief beneficiary of a will arranged its execution. Who must prove what?
- A Christian leaves his estate to a charity by a will made a month before his death. Is the bequest bad under s. 118?
- A legatee dies before the testator. Where does the legacy go?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Indian Succession Act 1925, s. ss. 29, 30, 31, 57 and 58
- Indian Succession Act 1925, s. s. 5, with ss. 6 to 19
- Indian Succession Act 1925, s. ss. 33, 33A, 34 and 35
- Indian Succession Act 1925, s. s. 51, with ss. 50 and 53 to 56
- Indian Succession Act 1925, s. s. 63, with ss. 67 and 213
- Indian Succession Act 1925, s. s. 118
- Indian Succession Act 1925, s. ss. 105 to 109, with ss. 150 and 152
Leading cases
- Central Bank of India v Ram Narain
- H. Venkatachala Iyengar v B.N. Thimmajamma
- John Vallamattom v Union of India
Full case summaries
- John Vallamattom v Union of India (Supreme Court, 2003) — section 118 of the Succession Act struck down
- H. Venkatachala Iyengar v B.N. Thimmajamma (Supreme Court, 1958) — how a will is proved, and what suspicious circumstances do to the burden
- Central Bank of India v Ram Narain (Supreme Court, 1954) — what domicile means: factum and animus