CHANAKYA NATIONAL LAW

UNIVERSITY

ROUGH DRAFT OF

FAMILY LAW - II

ON

TESTAMENTARY SUCCESSION

SUBMITTED TO : SUBMITTED BY :

MS. Pooja Srivastava Mandira Priya

(Faculty of Family Law –II) Roll no - 1832

Semester – 4th

Session – 2017-2022
 INTRODUCTION

Succession is a derivative of the word succeed (to inherit) and refers to the order in which or
the conditions under which one person after another succeeds to a property. It implies the act
of succeeding or following, as of events, objects, places in a series, the transmission or
passing of rights from one to another. In every system of law provision has to be made for a
readjustment of things or goods on the death of the human beings who owned and enjoyed
them. The rules of succession are, in modern systems of law, subject to many rules. There can
be no doubt, however, that these rules primarily are the characteristics of the social conditions
in which that individual lived. They represent the view of society as to what ought to be the
normal course of succession in the readjustment of property after the death of a citizen.

Testamentary succession on the other hand refers to devolution of property through a

testament or a Will. A Will that is capable of taking effect in law governs succession to the
property of a person after his or her death in accordance with the rules laid down in the laws
governing testamentary succession to the property of a person to which he or she was subject
at the time of his or her death. Diversity prevails in the laws of testamentary succession also,
yet it is not as varied as in case of laws of inheritance or intestate succession.

AIMS AND OBJECTIVES

The aim of the researcher is:

 To know about testamentary succession in hindu and muslim law.

 To find out the difference between the two personal laws.
 TENTATIVE CHAPTERIZATION

1) INTRODUCTION
2) KINDS OF SUCCESSION
3) WILL: ORIGIN & MEANING
4) TESTAMENTORY SUCCESSION UNDER HINDU LAW
5) TESTAMENTARY SUCCESSION UNDER MUSLIM LAW
6) COMPARISION BETWEEN HINDU AND MUSLIM TESTAMENTARY
LAW
7) CONCLUSION

RESEARCH METHODOLOGY

For this study, primary research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the data in appropriate form,
essential for this study. The method used in writing this research is primarily analytical.

BIBLIOGRAPHY

 Modern Hindu Law by Paras Diwan

 Hindu law by Mulla
 www.lawyersclubindia.com
 www.indiankanoon.com
 http://www.indianlawcases.com/
 http://articles.timesofindia.indiatimes.com