Does it come under Hindu Succession Act or Indian Succession Act ? Whats the difference as far as the Court is concerned, while disposing the matter ? Will appreciate serious answers. Thanks.
Answer:
The executor to any will made by a deceased Hindu will file petition for probate %26 letter of administration under the Indian Succession Act, 1925. Section 30 of the Hindu Succession Act, 1956 clearly provides this %26 so does section 57 of the Indian Succession Act. All matters in respect of probation %26 issue of letter of administration are covered under part IX of the Indian Succession Act. The Hindu Succession Act provides for the general principle of succession in case of Hindus who dies intestate (died without any will) but the Indian succession Act provides in details the whole process of succession in case of every Indian citizen including Hindus with respect to wills, codicils %26 other such related matters.
In the U.S. if a person dies with a Will, the property will be disposed of according to the Will. Rarely does anything else matter to the Courts.
In India, If the person who died with a known acceptable will is a Hindu, Buddhist, Jaina or Sikh by religion and is not a Muslim, Christian, Parsi or Jew by religion , then the Indian succession Act fo 1925 comes into play.
Hindu succession act takes effect if the one who died was Hindu, Buddhis, Jain, or Sikh, and is not Muslim, Chirstian, Parsi, or Jew and died without an acceptable will or no will, in which case they are considered to have died as intestate.
What is an acceptable will?:
A has left a will, whereby he has appointed B his executor; but the will contains no other provisions - A has died intestate in respect of the distribution of his property.
A has bequeathed his whole property for an illegal purpose - A has died intestate in respect of the distribution of his property.
When a will is partially incapable of being operative - A has bequeathed RS 1000 to B and RS 1000 to the eldest son of C, and has made no other bequest; and has died leaving the sum of Rs. 2000.00 and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of Rs.1000.
Yes, this probate is acceptable,
If you have will, registered, there is no difference. You are not going for succession certificate. You are going for probate of will. SC is only when there is no will. Court will direct you to publish notice in newspaper.
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