Family Law II

Testamentary succession under Hindu,Muslim and Christian law

Project Synopsis:
Introduction:

A testament in the simplest of terms refers to a will that a person makes.Testamentary succession
hence is nothing but the right of inheritance and arises from a testament that is legally
executed.The important part is that the laws pertaining to testamentary succession differ in their
principles between the Hindus,Muslims and Christians.The Hindus are governed by the Hindu
succession act,1956 which is still based on the principles given by the Mitakshara and
Dayabhaga schools.In Muslim law a will is also known as Wasiyat,and is determined by the
principles under Hanafi and Shia laws.Muslim law does not require any specific formalities for
creation of a will but the testamentary succession is governed by a single act,the Indian
succession Act 1925.Christians are also governed by the Indian succession act 1925,however
there exists two laws called the Travancore and Cochin christian succession acts which were
passed in 1916 governing testamentary succession for Christians.This study aims at analyzing
and tracing the roots of these laws to understand their elements and compare them in different
aspects.

Objectives:

1.To briefly examine testamentary succession under Hindu,Muslim and Christian Laws

2.To critically analyse the components under each to enable a comparative analysis

3.To bring out the drawbacks in the laws of testamentary succession under each of the different
religions studied

Research Question:

Are there any common elements underlying the laws of testamentary succession of
Hindus,Muslims and Christians?

Research Methodology:

The method of doctrinal research is predominantly used,wherein the sources mainly consist of
books,articles,journals and other enactments.Theoritical research is also used in order to explain
the phenomenon and enable a wider understanding from the existing knowledge,through careful
examination.

Chapterisation:
1.Introduction

2.Brief overview of testamentary succession under Hindu,Muslim and Christian laws

3.Comparative analysis of the laws of testamentary succession under the three religionms studied

4.Drawbacks of the laws of testamentary succession

5.Conclusion

Scope and Limitation:

The study is pretty wide in scope because there is potential to bring out the common elements of
testamentary succession laws for Hindus,Muslims and Christians.A basic understanding of the
laws can enable an analysis which can help compare and differentiate the principles.The
limitation is that access to books,journals and other secondary sources which can provide
detailed information is limited.