In general, succession is covered by your religion and the law of the country. In certain religions, rules of inheritance are covered in holy books. For Hindus, the Hindu Succession Act, 1956 covers succession in the event of a death of a Hindu. The Indian Succession Act, 1925 is the general law that deals with succession in India.
A domicile is a place where the person has a permanent home and intends to make this a permanent home by returning to it later. Therefore residence and intention to make it a residence even at some future time is relevant.
The law regulating succession of asset depends upon whether the asset is movable or immovable and the domicile. Movable asset is regulated by the law of the country in which the deceased has his domicile at the time of death. Immovable asset situated in India is regulated by the law of India irrespective of where the deceased may have his domicile at the time of death.
The law regulating succession of asset depends upon whether the asset is movable or immovable and the domicile. According to Indian law, movable asset is regulated by the law of the country in which the deceased has his domicile at the time of death. Immovable asset situated in India is regulated by the law of India irrespective of where the deceased may have his domicile at the time of death.
A Will is not automatically revoked upon the marriage of a Hindu, Buddhist, Jain or Sikh.
An Executor can also be a Witness to the Will.
A probate is mandatory if a Will is executed in the cities of Chennai, Kolkata or Mumbai, or if the Will pertains to immovable asset in Chennai, Kolkata or Mumbai.
A Will stands revoked upon the marriage of a Parsi or an Indian Christian.
An Executor or Beneficiary/Legatee cannot be a Witness.
A probate is mandatory if a Will is executed in the cities of Chennai, Kolkata or Mumbai, or if the Will pertains to immovable asset in Chennai, Kolkata or Mumbai.
An Indian Christian is a native of India who is, or in good faith, claims to be, of unmixed Asiatic descent, and who professes any form of the Christian religion.
The Special Marriage Act is a law that provides a special form of marriage under which a person, irrespective of religion can be married. Inter-caste marriages can be performed under this law. In case a person is married under the Special Marriage Act then certain restrictions relating to succession under his/her religion’s law do not apply.