CONCEPTUAL UNDERPINNINGS OF INHERITANCE LAW: A DOCTRINAL REVIEW OF THE INDIAN SUCCESSION ACT, 1925

Mr. Ashish Shahi; Prof. (Dr.) Surendra Pratap Singh

doi:10.61778/ijmrast.v3i10.187

Authors

Mr. Ashish Shahi Research Scholar, A.P.N. PG College Basti, Siddharth University, Siddharth Nagar, Uttar Pradesh, India Author
Prof. (Dr.) Surendra Pratap Singh Dean and Head, Department of Law, A.P.N. PG College, Basti, Siddharth University, Siddharth Nagar, Uttar Pradesh, India Author

DOI:

https://doi.org/10.61778/ijmrast.v3i10.187

Keywords:

Intestate succession, testamentary succession, will, probate, personal laws.

Abstract

The Indian Succession Act, 1925 (ISA) is a comprehensive legislation governing inheritance (succession) in India for persons not covered by separate personal laws. Enacted during British colonial rule, the ISA consolidates earlier laws and provides rules for intestate succession (when a person dies without a will) and testamentary succession (when a person leaves behind a valid will). It serves as the primary inheritance law for Indian Christians, Parsis, Jews, and others, while Hindus, Buddhists, Sikhs, and Jains have their own codified law (the Hindu Succession Act, 1956) and Muslims are governed by Muslim personal law (Shariat) for inheritance. The Act’s applicability is thus determined largely by the religion or community of the deceased, making it a key piece of legislation in India’s plural legal system. This report provides a historical background of the ISA, defines key terms, explains in detail the Act’s provisions on intestate and testamentary succession, examines its applicability across religious communities, and outlines major amendments that have shaped the inheritance law under the Act.