Top 10 Mains Questions – Indian Succession Act (Delhi Judicial Exam)
1. Explain Testamentary and Intestate Succession under the Indian Succession Act.
Answer
The Indian Succession Act, 1925 governs the law relating to succession and inheritance of property.
Testamentary Succession
Testamentary succession means succession through a will made by a person called the testator.
A will is a legal declaration of intention of the testator with respect to his property which takes effect after his death.
Essential elements:
-
Testator must be competent (Section 59).
-
Will must be executed in accordance with Section 63.
-
It must be attested by two witnesses.
Intestate Succession
Intestate succession occurs when a person dies without making a valid will. In such cases the property devolves according to the rules laid down in the Act.
Example:
Sections 31–49 govern intestate succession among Christians.
Thus, the Act recognizes two modes of succession — testamentary and intestate.
2. What are the essential requirements for a valid Will?
Answer
A will must satisfy the requirements of Section 59 and Section 63 of the Indian Succession Act.
Essential requirements
-
Competent Testator
-
The testator must be of sound mind and not a minor (Section 59).
-
-
Voluntary act
-
Will must be free from coercion, fraud, or undue influence.
-
-
Execution
-
The testator must sign or affix his mark on the will.
-
-
Attestation
-
At least two witnesses must attest the will.
-
-
Presence
-
Witnesses must see the testator sign the will.
-
-
Testamentary intention
-
The document must express the intention regarding disposal of property after death.
-
Registration is not compulsory but optional.
3. What are suspicious circumstances in proof of Will? Discuss with case law.
Answer
When a will appears doubtful, courts require strict proof before accepting its validity.
The leading authority is
H. Venkatachala Iyengar v. B.N. Thimmajamma (AIR 1959 SC 443).
Suspicious circumstances may include:
-
Active participation of beneficiary in making the will
-
Unnatural exclusion of natural heirs
-
Doubtful signature of testator
-
Testator in weak physical or mental condition
-
Will kept in exclusive custody of beneficiary
Principle
If suspicious circumstances exist, the burden lies on the propounder of the will to remove those suspicions.
Thus, the court must be satisfied that the will represents the true intention of the testator.
4. Distinguish between Probate and Letters of Administration.
Answer
| Basis | Probate | Letters of Administration |
|---|---|---|
| Meaning | Court certificate confirming validity of will | Authority granted to administer estate |
| Applicable when | Executor is named in the will | No executor is appointed |
| Who grants | Competent civil court | Competent civil court |
| Authority derived from | Will itself | Court order |
Thus, probate confirms the will while letters of administration authorize administration of estate.
5. Discuss the capacity of a person to make a Will.
Answer
Capacity to make a will is governed by Section 59 of the Indian Succession Act.
Persons capable of making a will
Any person who:
-
Is major
-
Is of sound disposing mind
Persons incapable
-
Minor
-
Person of unsound mind
-
Person incapable of understanding the act due to intoxication or illness.
However, a person who is ordinarily insane may make a will during a lucid interval.
Thus, testamentary capacity is judged at the time of execution of the will.
6. Explain Privileged and Unprivileged Wills.
Answer
The Indian Succession Act recognizes two types of wills.
Privileged Will
Allowed under Section 65 for:
-
Soldiers engaged in warfare
-
Airmen in warfare
-
Mariners at sea
These wills can be oral or informal.
Unprivileged Will
All other persons must execute wills according to Section 63.
Requirements:
-
Written will
-
Signature of testator
-
Attestation by two witnesses
Thus, privileged wills relax formalities due to exceptional circumstances.
7. What is Codicil? Explain its legal effect.
Answer
A codicil is defined under Section 2(b) of the Indian Succession Act.
It is an instrument made in relation to a will explaining, altering or adding to its provisions.
Legal effects
-
It becomes part of the original will.
-
It must be executed with the same formalities as a will.
-
It may confirm, modify, or revoke part of the will.
Thus, codicil allows modification of a will without executing a completely new will.
8. Discuss revocation of Will.
Answer
Revocation of wills is governed by Section 70 of the Indian Succession Act.
A will may be revoked by:
-
Marriage of the testator (in certain cases)
-
Execution of a new will
-
Codicil expressing revocation
-
Destruction of will by testator
Revocation must be done with intention to revoke.
Thus, a will remains revocable during the lifetime of the testator.
9. Explain the doctrine of lapse in succession law.
Answer
Doctrine of lapse means that if the legatee dies before the testator, the legacy fails.
Example:
If A makes a will giving property to B but B dies before A, the gift fails.
Consequences:
-
The property forms part of the residuary estate.
Exceptions:
Certain anti-lapse provisions apply where descendants exist.
Thus, lapse occurs because the beneficiary is not alive to receive the legacy.
10. What is the role of Probate Court?
Answer
A probate court exercises limited jurisdiction.
The Supreme Court in
Mahesh Kumar v. Vinod Kumar (2012) 4 SCC 387
held that probate court only examines:
-
Whether the will was validly executed
-
Whether the testator had testamentary capacity
-
Whether the will was free from suspicious circumstances
The court does not decide title or ownership disputes over the property.
Thus, probate proceedings are concerned only with genuineness of the will.