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ACTS

There are primarily two major Acts which deal with succession in India amongst Hindu, Muhammadan, Buddhist, Sikh, Jain, Parsi and Christian. 

The Hindu Succession Act, 1956 applies to any person who is a Hindu (including followers of Brahmo, Prathana or Arya Samaj) Buddhist, Jain, Sikh by religion.

The Indian Succession Act 1925 applies to Indian Christians and Parsi.

Muslim law is an uncodified law and there is no act which governs the same.

The Indian Succession Act 1925 also deals with applying for probate and Letters of Administration. It sets out the process and the requirements.

The Maharashtra Co-operative Societies Act has been recently amended specifically provide the admission of nominee as a provisional Member after the death of a Member till legal heir or heirs or a person who is entitled to the flat and shares in accordance with succession law or under will or testamentary document (i.e. a probate or letters of administration) are admitted as Member in place of such deceased Member.

Some of the Acts which deal with succession in India have been set out below.

  1. Indian Succession Act, 1925

  2. Hindu Succession Act, 1956

  3. Hindu Succession Act, 1956 (Amendment 2005)

  4. Maharashtra Cooperative Societies Act 1960 (Amendment 2019)

  5. Bombay Regulation VIII of 1827

  6. The Muslim Personal Law (Shariat) Application Act, 1937

  7. The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012

PROPOSED REFORMS

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