Inheritance and Succession

The term inheritance ‘has been defined in Black ‘s Law Dictionary as, “a. Property received from
an ancestor under the laws of intestacy; b. Property that a person receives by bequest or
devise.”1The dictionary, further, defines succession ‘as, “the acquisition of rights or property by
inheritance under the laws of descent and distribution‖.” 2 Succession is mainly of two kinds-

1. Intestate succession – “a. The method used to distribute property owned by a person who
dies without a valid will; b. succession by the common law of descent.” This type of
succession is also termed hereditary succession, descent and distribution;
2. Testamentary succession - “Succession resulting from the designation of an heir in a
testament executed in the legally required form.”

A perusal of the above definitions indicates that, ‘inheritance’ is associated with the act of
receiving property, while ‘succession’ is related to acquiring rights or title in the property received
by way of ‘inheritance.’ ‘Inheritance’ may be termed as a means to an end, that end being
succession’. Sir William Blackstone maintains the distinction between ‘inheritance’ and
‘succession’ by dealing with the latter in the contexts of corporation sole, corporation aggregate,
property acquired upon marriage and property acquired by way of suit or judgment. He deals with
inheritance in the context of freehold estates and later in that of coparcenary property.3 However,
these terms are so closely intertwined, that for all intents and purposes, they are used
synonymously. While it is true, that succession can also be of power vis-à-vis office’, in this
chapter ‘succession’ will be dealt with in terms of ‘property’.

Sir Henry Maine observes, ―All laws of inheritance are made up of the debris of the various forms
which family law has assumed.4 The laws (statutes, customs, usages, precedents, et al.) pertaining
to inheritance and succession followed in India are due a long impending overhaul. This chapter
will deal with personal laws of Hindus, Muslims, Christians and Parsis apropos inheritance and
succession and make certain suggestions after an examination of the drawbacks of each system.

1
Black Law ‘s Dictionary, 8th ed., 2004
2
Ibid
3
Wilfrid Prest (ed.), William Blackstone: Commentaries on the Laws of England –Book II on the Right of Things
(Oxford University Press, Oxford, 1stedn., 2006).
4
Social, Economic and Educational Status of the Muslim Community, 2006