A Study Family Law in Indian Sense Testamentary Succession

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The Indian Succession Act of 1865 was previously controlled in India. This Act was based principally on English Laws and was the rule in effect for all forms of will and testamentary succession, subject to certain exceptions. The exceptions, however, were so broad that all Indians were exempt. The Hindu Wills Act was also enacted in 1870. This Act provided that certain sections of the Act of Indian Succession extend to all Hindus's wills and codicils. In 1881, the Act was adopted and this Act was made applicable to Hindus as well as to Muslims. The Act was passed in 1881. The 1925 Indian Succession Act consolidates the earlier 1865 Act, the Hindu Will Act, the Act on the Probation of the Indians and on the Act on Administration and even the Act on Succession of the Indians. The Preamble of the Act states the intestate and testamentary succession legislation is to be modified. This encapsulates the code of English law to a large extent. As far as things that do not fall under this Act are concerned, the Hindus and Moslems are regulated by their Personal law in the Hindu Succession Act of 1956. To order to protect their personal law, the majority were controlled by Indians, including Hindus, Buddhists, Jains or Sikhs, by the Indian Succession Act, 1925. Such special clauses are now included in the Indian Law of Estate itself. The Hindu law of will is therefore to be sought and examined under the testamentary rule of the Indian Succession Act.

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