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Indian Succession Act,1925 for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

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Transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more than one living person. It is clear from this definition that for a conveyance to be covered under the Transfer of Property Act, it must be from one living person to another living person, ie who are both alive at the time of conveyance

However, an exception to this provision is section 13 which facilitates the transfer of immovable property in favour of an unborn person. A person who does not have any current existence but has a specific reference to one and who may be born in the future is considered to be an unborn child or person. Thus, a child who has been conceived as well as a child who has not been conceived at the time of conveyance are both covered under the term. Section 13 of the Transfer of Property Act, 1882 provides that when for the transfer of property, an interest therein is created for the benefit of an unborn person at the date of the transfer, a prior interest is to be created in respect of the same transfer, and the interest created for the benefit of such person shall not take effect. unless it extends to the whole of the remaining interest of the person transferring the property in the property to be transferred Other than this provision, property cannot directly be transferred to an unborn person.

Thus, in order to transfer property for the benefit of an unborn person on the date of the transfer, it is imperative

1. The property must first be transferred by the mechanism of trusts in favour of some person living other than the unborn person on the date of transfer, and

2. The interest ultimately created in favour of the unborn person must not be limited by time or otherwise. If the persons for whose benefit the transfer is to take effect are living, any number of successive life interests can be created in their favour. However, in the case of such a person for whose benefit the interest is being acted is an unborn person, the transfer must be absolute and there should be no further transfer him to other people.

Question :- A transfers his property to his unborn son by creating a trust in the name of his wife. However, the transfer deed states that the conveyance in the favour of his wife will take effect in the period of five years or upon his wife conceiving a child, whichever is sooner is this a valid transfer of property?

No, as no prior interest is created in favour of a living person

Yes, as the property is conveyed to A's wife in the present.

Yes, as future conveyance of property is valid as a transfer.

No, as property cannot be conveyed in the future.

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What principle was the adoption of a child in R. Venkatachala Iyengar v. B.N. Thimmajamma (1958) the main topic of discussion?

A woman's ability to adopt when her husband passes away without his express agreement.

The adoption's legality when the child is older than the adoptive parents.

The inheritance rights of adopted children in comparison to biological children.

The procedure for giving a kid who has been adopted back to their biological parents.

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Concepts Covered - 1

Indian Succession Act,1925

Introduction:

The Indian Succession Act, 1925, is a comprehensive legal framework that governs matters related to the succession and inheritance of property after an individual's death.
It applies to individuals of various religions and communities, providing a unified set of rules and procedures for distributing assets and property among heirs, both when there is a will (testamentary succession) and when there isn't (intestate succession).

Key Provisions of the Indian Succession Act:

Testamentary Succession:

Under this provision, individuals can create legally valid wills that specify how their property should be distributed upon their death. The Act prescribes certain formalities for creating a valid will, such as the signature of the testator (the person making the will) and attestation by witnesses.
For example, if a person wishes to leave their house to their spouse and a portion of their savings to a charitable organization, they can do so through a valid will under this Act.

Intestate Succession:

When a person passes away without a valid will, the Act provides a set of rules to determine how their property will be distributed among legal heirs, which may include surviving spouses, children, parents, and other relatives.
This provision ensures that even in the absence of a will, property distribution is carried out in a systematic and legal manner.

Appointment of Executors and Administrators:

The Act allows individuals to appoint executors in their wills. Executors are responsible for carrying out the terms of the will, such as distributing assets to beneficiaries as specified.
In cases where there is no will or no executor has been appointed, the Act empowers the court to appoint administrators who manage the estate of the deceased and distribute assets as per the law.

Religious and Charitable Endowments:

The Act includes provisions for the creation and management of trusts and endowments for religious or charitable purposes. This allows individuals to allocate their property to support religious institutions, charities, or other philanthropic causes.
These provisions facilitate the establishment of trusts and endowments, ensuring that property is used for specific religious or charitable objectives.

Case Law: R. Venkatachala Iyengar v. B.N. Thimmajamma (1958)

Background
- The case revolved around a dispute over the inheritance of a Hindu's property.
Key Issue
- The primary issue was whether the Indian Succession Act, 1925, applied to the succession of Hindus or if Hindu personal laws governed these matters separately.
Key Findings and Rulings
- The Supreme Court clarified that the Indian Succession Act is a comprehensive piece of legislation that applies to both the testamentary (will-based) and intestate (without a will) succession of Hindus.
- The judgment emphasized that while Hindus have their personal laws, including the Hindu Succession Act, 1956, for intestate succession, the Indian Succession Act remains applicable to them, especially for matters not explicitly covered by specific Hindu laws.
Impact
- The case provided clarity on the applicability of the Indian Succession Act to Hindus, ensuring uniformity and legal consistency in matters of succession.
- It integrated various laws, establishing that the Indian Succession Act applies to Hindus for certain aspects of succession, promoting legal uniformity.
- The judgment underscored the importance of a unified legal framework, reducing ambiguity and ensuring legal coherence in matters of inheritance and succession among Hindus.

Constitutional Provisions:

Article 300A of the Indian Constitution: While not directly linked to the Indian Succession Act, Article 300A safeguards the right to property. This underscores the importance of property rights, which are closely connected to succession laws and the distribution of assets.
Article 14 of the Indian Constitution: Article 14 ensures equality before the law and equal protection of the law. In the context of the Indian Succession Act, it ensures that the Act's provisions apply uniformly to all citizens, irrespective of their religion or personal beliefs, promoting legal fairness and consistency.