INDIAN SUCCESSION ACT,1925

At the very outset, the author would like to say that the present edition is altogether different from the one which saw the light of the day a few years back. Truly speaking, it is a new treatise, new in every respect. The task was stupendous and he had many occasions to offer his own views. Apart from presenting a readable treatise, the exposition of law on the subject, in his humble opinion, is clear and accurate, though not always concise. In order to explain the law clearly and to make it understandable to the readers, he had to quote in extensive illuminating passages not only from the authoritative pronouncements by different courts but also from the authorities like Williams on Wills, Halsbury’s Laws of England, Tristram and Cootes, Probate Practice, Jarman on Wills etc. he expresses his gratitude and indebtedness to the learned authors.

Even in the last edition he had taken special care in explaining as clearly as possible the devolution of intestate succession among the Indian Christians and the Parsis. Act 51 of 1991 has made drastic changes as regards succession among the Parsis dying intestate on or after 9th December, 1991. Similarly, Act 26 of 2002 has exempted the Indian Christians from taking probate of a Will. Taking probate of a Will, as is evident from a conjoint reading of sections 57(a) and 213(2)() of the Act, is not a mandatory requirement of law in every State of India. The Act does not specifically provide where taking probate is a must, and where not. Unless the law in this regard can be made uniform, the legislators may think of incorporating a clear and specific provision in the Act declaring the territories which come within either of the two categories. Latest cases of Supreme Court and High Courts are incorporated in proper places.