Difference Between Inheritance and Succession

In India, succession and inheritance are two distinct legal concepts that deal with the transfer of property and assets from one person to another, typically upon the death of the owner. While they are closely related, there are some fundamental differences between succession and inheritance. Let’s explore each concept in detail:

Succession:

Succession refers to the process by which the property, assets, rights, and liabilities of a deceased person are transferred to another person or group of persons. It involves determining who will be entitled to inherit the deceased person’s estate and in what proportions. Succession in India is primarily governed by personal laws based on an individual’s religion, such as Hindu Law, Muslim Law, Christian Law, and so on.

Here are some key points regarding succession in India:

Personal Laws: As mentioned, succession laws in India are based on personal laws that differ according to an individual’s religion. For instance, the Hindu Succession Act applies to Hindus, Buddhists, Sikhs, and Jains, while the Muslim Personal Law applies to Muslims.

Succession as per Personal Laws

Each personal law has its own rules regarding who can inherit the property, the order of succession, the share of each heir, and other related matters. These laws take into account factors such as the individual’s marital status, gender, blood relations, and the existence of a will.

Succession to Self-Acquired and Ancestral Property

Succession laws also differentiate between self-acquired property (property acquired by an individual through their own efforts) and ancestral property (property inherited from ancestors). The rules for succession may vary depending on the nature of the property.

Mitakshara and Dayabhaga Schools

Hindu law recognizes two major schools of thought: Mitakshara and Dayabhaga. The Mitakshara school follows the principle of coparcenary, where ancestral property is shared among the male heirs, while the Dayabhaga school provides equal inheritance rights to both male and female heirs.

Rights of Widows and Children

The personal laws also address the rights of widows and children in succession. For example, under Hindu law, widows and children have specific shares in the deceased’s property.

Inheritance:

Inheritance, on the other hand, refers to the actual process of receiving property or assets from a deceased person. It involves the transfer of ownership of property, including movable and immovable assets, rights, and other belongings, to the legal heirs or beneficiaries.

Here are some key points regarding inheritance in India:

Will

One significant difference between succession and inheritance is the presence of a will. Inheritance may occur through a legally valid will or testament left by the deceased person. A will allows an individual to specify how their property should be distributed among their chosen heirs after their death.

Intestate Succession

If a person dies without leaving a valid will, their property is distributed among the legal heirs according to the applicable succession laws. This is known as intestate succession. The rules for intestate succession may differ based on the religion and personal laws governing the deceased person.

Probate and Letters of Administration

In cases where a will exists, it may need to go through the probate process. Probate is a legal procedure to establish the validity of the will and confirm the appointment of the executor. In the absence of a will, the legal heirs may have to obtain Letters of Administration to establish their authority to inherit and manage the deceased person’s estate.

Rights of Heirs

In inheritance, the legal heirs receive the property or assets according to the terms of the will or the applicable succession laws. The heirs become the rightful owners of the inherited property and are entitled to manage, transfer, or dispose of it as per the applicable laws.

To summarize, succession deals with the legal framework and rules that determine the distribution of property and assets, while inheritance refers to the actual process of receiving property from a deceased person. Succession is governed by personal laws based on an individual’s religion, while inheritance can occur through a will or intestate succession.

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