Introduction
Testamentary succession refers to the transfer of property after death through a Will. It allows a person to decide how their assets should be distributed. This ensures clarity and reduces disputes among family members.
Meaning / Definition
Testamentary succession means succession of property by a Will or testament (legal declaration of wishes after death).
Under Hindu Law:
- Any male or female can make a Will.
- Property is distributed based on the Will, not general inheritance law.
- If the Will is invalid, then property is distributed according to inheritance law (called intestate succession).
Modes or Types
Succession through Will
Property is transferred according to the instructions written in a valid Will.
Intestate Succession
If a person dies without a Will, property is distributed according to legal rules of inheritance.
Important Case Law
-
Re Crippen Case
A husband killed his wife and attempted to inherit her property. The court held that he would be treated as if he died before her. Therefore, he could not inherit. -
Smith Petitioner Case
A wife convicted of culpable homicide (causing death without intention to kill) of her husband was not allowed to inherit his property.
These cases establish that a person who unlawfully causes the death of another cannot benefit from their estate.
Distinction / Comparison
| Basis | Testamentary Succession | Intestate Succession |
|---|---|---|
| Basis of transfer | Based on Will | Based on law |
| Control | Testator decides | Law decides |
| Flexibility | High | Limited |
| Disputes | Usually less | More common |
Practical Example
A person writes a Will stating that:
- 50% of property goes to their spouse
- 25% to one child
- 25% to another child
After death, the property will be divided exactly as written.
If no Will exists, the property will be divided according to inheritance law, which may not match the person’s wishes.
Summary
- Testamentary succession means transfer of property through a Will
- Any Hindu (male or female) can create a Will
- Property is distributed as per the Will, not general law
- If the Will is invalid, intestate succession applies
- A person who kills the deceased cannot inherit (unworthy heir)
- A Will helps avoid disputes and ensures fair distribution
- Important roles include testator, executor, and witnesses