LAW OF TESTAMENTARY SUCCESSION IN INDIA
2
Author(s):
MUMTAJ , SUSHILA
Vol - 5, Issue- 7 ,
Page(s) : 91 - 107
(2014 )
DOI : https://doi.org/10.32804/CASIRJ
Abstract
Jeremy Bentham in his book “Theory of Legislation” wrote that the object of giving power to the owner to dispose off his property by testamentary disposition is to cure the imperfection or inability of law to satisfy individual demands which may be diverse. He states that
“The law, not knowing individuals, cannot accommodate itself to the diversity of their wants. All that can be exacted from it is to offer the best possible chance of satisfying those wants. It is for each proprietor, who can and who ought to know the particular circumstances in which those dependent upon him will be placed upon his death, to correct the imperfection of law in all those cases which it cannot foresee. The power to make a will is an instrument intrusted to the hand of the individual, to prevent the private calamities” .
- Bentham, Jeremy, Theory of Legislation (1975) at p.112
- As quoted in Uma Devi Nambiar and Others v. T.C. Sidhan (Dead) 2004 (2) SCC 321
- Diwan, P, Law of Intestate and Testamentary Succession, at p.429, 3rd Edition (2007reprint) Universal Law Publishing Company, Delhi
- Id at p.430
- Sec 2(h) of Indian Succession Act, 1925
- N Ramaya v. Nagaraj, S AIR 2001 Karn 395
- Sec 2(b) of of Indian Succession Act, 1925
- Sec 2(c) of Indian Succession Act, 1925
- Sec 2(a) of Indian Succession Act, 1925
- Sec 2(f) of Indian Succession Act, 1925
- Sec 60 of Indian Succession Act, 1925
- AIR 1954 SC 280
- Mellows, A.R, The Law of Succession (1970) Butterworths, London at p.16
- Ibid
- AIR 1989 Ker155
- Kochu Govindan Kaimal and Ors. v. Thayankoot Thekkot Lakshmi Amma ,AIR1959SC71
- Halsbury's Laws of England, fourth edn., vol. 50 at pages 95 and 96 as quoted in Meera Dewan v.Shakuntala Dewan, AIR 2002 Delhi 321
- Capt. (Retd.) O. P. Sharma and Another v. Kamla Sharma and Others 2008 INDLAW DEL 2099
- AIR 1959 SC 443
- H. Venkatachala Iyengar v. B.N. Thimtnajamma & Ors., AIR 1959 SC 443
- AIR 1944 PC 67
- AIR 1934 Oudh 35
- Subramani, SS and Kannan, K, PARUCK THE INDIAN SUCCESSION ACT 1925, 9th Edition (1995) LexisNexis Butterwoth, New Delhi at p.178
- (1912) 16 IC 344
- Supra note.13 at p.178
- AIR 1951 SC 103
- (1994) 2 SCC 111
- AIR 1976 SC 794
- 1995 Indlaw SC 1172
- Uma Devi Nambiar and Others v. T.C. Sidhan (Dead) 2004 (2) SCC 321
- Sec. 142 of Indian Succession Act, 1925
- Sec. 150 of Indian Succession Act, 1925
- Illustration to Sec. 142 of the Indian Succession Act, 1925
- Illustration to Sec. 142 of the Indian Succession Act, 1925
- Sec. 151 of The Indian Succession Act, 1925
- Sec. 152 of The Indian Succession Act, 1925
- Sec. 153 of the Indian Succession Act, 1925
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