Property, Succession and Inheritance Chapter Notes | Legal Studies for Class 11 - Humanities/Arts PDF Download

Concept of Property

The term property originates from Latin and French, meaning a thing owned.

• The concept of property is fundamental to various legal systems and economies around the world. 
• It refers to the rights and interests that individuals or entities have over tangible and intangible assets.

Types of Property

• Joint family property: Property acquired through family funds, catering to family needs.
• Self-acquired property: Property obtained through personal effort or work, including learning on one's own.

Gains of Learning Act, 1930: 'Learning' refers to education in various forms, and 'training' encompasses preparation for pursuing a trade or profession.

Inheritance and Succession

What is Inheritance?

Inheritance is the acquisition of property by an heir after the death of an ancestor through succession. Different laws of succession apply to individuals of different religions.

Types of Rights

After the owner's death, rights related to the property are categorized into inheritable rights and un-inheritable rights.

• Inheritable rights remain functional after the owner's death and pass on to their legal representative, such as proprietary rights.
• Un-inheritable rights extinguish with the owner's death, like personal rights associated with the individual.

What is Succession?

Succession is the process of transferring property upon someone's death and refers to the estate left behind by a deceased person.

Types of Succession

Succession can occur through intestate succession (without a will) or testamentary succession (with a will).

• An Heir: Individuals entitled to inherit the deceased person's property.
• Testator: A person who creates a legally valid will before death.
• Will: A legal declaration of how a person's property should be distributed after death.

Landmark Judgment on Passive Euthanasia

In March 2018, the Supreme Court of India allowed passive euthanasia under strict guidelines. Passive euthanasia involves withdrawing life support to expedite the death of terminally-ill patients.

• The court ruled that individuals have the right to refuse artificial life support through a living will, subject to specific conditions.
• It declared the right to die with dignity as a fundamental aspect of the right to live with dignity under Article 21 of the Indian Constitution.
• The judgment stemmed from a PIL by NGO Common Cause advocating for the right to create a living will for passive euthanasia.

Testamentary Succession

• Testamentary succession occurs when a person distributes their property through a will. This form of succession is governed by the Indian Succession Act, 1925.
• Individuals can only make a will for their separate property, and the law ensures the enforcement of the deceased's wishes regarding property disposition.

Intestate Succession

A person who passes away without leaving a will is termed intestate, leading to what is known as intestate succession. 

In this scenario, the property is inherited according to the governing law or customs. Let's delve into how this process works in different religious contexts:

1. Hindu Law

• In Hindu law, if someone dies intestate, both separate and joint family properties are inherited by their heirs as per the Hindu Succession Act, 1956.
• The Hindu Succession (Amendment) Act of 2005 removed gender discriminatory clauses, granting daughters equal inheritance rights as sons in their fathers', grandfathers', and great grandfathers' properties.

2. Muslim Law

• For Muslims, there isn't a codified law for intestate succession; instead, rules are derived from religious texts. In this context, there's no distinction between ancestral and self-acquired property.
• An heir's rights come into play upon the ancestor's demise.

3. Other Religions

• The Indian Succession Act of 1925 governs the intestate succession of Christians and Parsis, with each religion having its own set of rules.

One common concept across religions is the notion of heirs, categorized into Ascendants, Descendants, and Collaterals.

A. Heirs - Ascendants, Descendants, and Collaterals

• Ascendants refer to ancestors on both the paternal and maternal sides, spanning from parents to grandparents and beyond.
• Descendants are the offspring, including children, grandchildren, and so forth, with no limit to the degrees of descent.
• Collaterals are relatives in parallel lines, such as siblings, uncles, aunts, and their children, related by full blood, half blood, or uterine blood.

B. Relation by full blood, half blood, and uterine blood

• Full blood relation occurs when two individuals share the same father and mother.
• Half blood relation exists when two individuals share the same father but different mothers.
• Uterine blood relation is when two individuals share the same mother but different fathers.

Across communities, the rules for intestate succession are quite similar, typically prioritizing the spouse and children of the deceased. Subsequently, collaterals closely related to the deceased come into play, followed by more distant agnatic and cognatic heirs.

Each religion has its unique way of determining property distribution in cases of intestacy.

Rules relating to Inestate Succession

Rules of intestate succession of a Hindu Male:

Heirs of a Hindu male are categorized into class I, class II, agnates, and cognates.

• Class I heirs are mother, wife, son, daughter, and their descendants up to the third generation.
• Class II heirs include father, brother, sister, uncles, aunts, grandparents, etc.
• Agnates inherit if there are no Class I or Class II heirs.

Rules of intestate succession of a Hindu Female:

• Heirs of a female Hindu are divided into five categories, with earlier categories having priority.
• Categories include husband, son, daughter, heirs of husband, father, mother, heirs of father, and mother.

Rules of intestate succession among Muslims:

• For Sunni Muslims, heirs are divided into Sharers, Residuaries, and Distant kindred.
• Sharers have priority, followed by Residuaries, and then Distant kindred.
• Among Shia Muslims, heirs are divided into Heirs by consanguinity and Heirs by marriage.

Rules of intestate succession under the Indian Succession Act, 1925:

• The Act applies to Christians and Parsis, not Hindus and Muslims.
• For Christians, preference is given to the spouse and lineal descendants.
• Rule of Escheat applies when no heir is found, and the property goes to the Government.

Testamentary Succession

Testamentary Succession under Muslim Law

• An executor in Muslim law is termed a wasi, originating from 'wasiyyat,' meaning a will.
• A mentally sound adult Muslim can create a valid will, without a specific form requirement.
• Any clear expression of a testamentary nature, whether verbal or written, suffices.
• Property capable of transfer at the testator's death can be disposed of through a will.
• A Muslim can bequeath only one-third of their property after settling funeral expenses and debts; the remaining two-thirds go to heirs.

Testamentary Succession among Hindus, Parsis, and Christians

• The Indian Succession Act, 1925, governs testamentary succession for these groups.
• This Act focuses on formalities related to execution, revocation, revival, interpretation of wills, grant of Probate, and duties of Executors.
• Administrators manage an estate when there is no appointed executor due to intestacy.