Intestate Succession and Rule of Inheritance

Authors

  • SUHANI GUPTA

Abstract

This research paper will highlight the topic of
“intestate succession” and its components. It contains some of the infamous cases related to intestate
succession. The case of Gurupad Khandappa Magdum vs Hirabai Khandappa Magdum and others
along with some other important judgments shaped the meaning and essence of intestate succession.
The research paper also briefly mentions the provisions related to intestate succession. There are
all five cases that describe different aspects and situations in which intestate succession has been
tackled and judgment has been passed on that. At the end of the research paper, some of the questions
such as will a daughter inherit from her father as intestate succession, who are people to inherit from
intestate succession, who all will be excluded from the intestate succession, in what situations a
person inheriting from intestate succession be excluded from his or her share, what will be the share
of the widow and under what section will she inherit the property of her husband and what will the
importance of the legal representative when the legal hier is not present for the intestate succesion.
Some the similar kind of questions will be answered by looking through the cases mentioned in the
research paper.

References

Hindu Succession Act, 1956.

Section 8 of the Hindu Succession Act, 1956.

Section 12 of the Hindu Succession Act, 1956.

1978 Vol.3 SCC page 383.

1956.

1980 AIR 198.

Hindu Succession Act, 1956.

1986, Insc 136, AIR 1986 Sc 1753; 1986 (3) SCR 254; 1986 (3) SCC 567; 1986 (2) Scale 75 (16 July 1986).

Hindu Succession Act, 1956.

Civil Appeal No. 2306 of 2005, AIR 2016 SC 1169.

1978, 3 SCC 383.

1994 6 SCC 342.

Hindu Succession Act, 1956.

Hindu Succession Act,1956.

Civil Appeal No. 6659 of 2011.

1978 Vol.3 SCC page 383.

1980 AIR 198.

1986, Insc 136, AIR 1986 Sc 1753; 1986 (3) SCR 254; 1986 (3) SCC 567; 1986 (2) Scale 75 (16 July 1986).

Civil Appeal No. 2306 of 2005, AIR 2016 SC 1169.

Civil Appeal No. 6659 of 2011.

Published

2022-12-08