Dr.

Ram Manohar Lohiya National Law University

Lucknow

Subject :- Project of Conflict of Laws

Topic :- Beneficial Distribution under Succession

Submitted to:- Submitted by :-

Mr. Prem Kumar Gautam Bhawna
Roll. No. 44
Semester VIII
B.A.,LL.B.(Hons.)
TABLE OF CONTENTS

1. INTRODUCTION
2. JURISDICTION
 Judicial Jurisdiction of an Indian Court
 Judicial Jurisdiction of Foreign Courts
3. CHOICE OF LAW
 Succession to Movables and Immovables: The Governing Law
 Renvoi
4. CHANGES IN THE LAW OF DOMICILE OF THE DECEASED
5. LEGAL EFFECTS OF GRANT OF REPRESENTATION
6. INTESTATE SUCCESSION
7. TESTATE SUCCESSION
 Capacity: Rule of Choice of Law
 Formal Validity under Common law
 Formal Validity of a Will under the Indian Law of Succession
 Construction
 Wills in Foreign Languages
 Indian Rules of Construction
 Election
 Testamentary Revocation
8. TESTAMENTARY EXERCISE OF POWER OF APPOINTMENT
9. CONCLUSION
10.REFERENCES
INTRODUCTION

In the conflict of laws, the subject of succession deals with all procedural matters relevant
to estates containing a "foreign element" whether that element consists of the identity of
the deceased, those who may inherit or the location of property. The relevant choice of
law rules often distinguish both between the administration of the estate and the
succession to it, and between the succession to movable and immovable property.
In some states, there is complete freedom for testators to leave their assets to whomever
or whatever purpose they wish to promote. But the majority of states allow surviving
spouses, children and dependents of a locally-based deceased to claim against the estate if
the will fails to make adequate provision for them. Some proactively limit the testator's
capacity by imposing minimum provisions for surviving dependents.
Although these rules are relatively clear in their operation during the subsistence of the
marriage, determining the effect of either a divorce or nullity decree is more problematic
if, by its existence or the terms of any order made, it purports to adjust the property
entitlements of the other spouse. For example, suppose that a husband obtains a nullity
decree in a state declaring the marriage to have been void Ab initio. If that decree is
recognized across state boundaries, the effect would be to remove any claim that the
supposed "wife" would otherwise have had.
As to the testator, all questions of status and capacity should be determined by the
personal law at the time the decree is granted. Thus, if the decree is recognized, either the
status will be modified so that the testator was never married and this will retrospectively
validate or invalidate previous dispositions, or the testator is now single and able to
dispose of his assets in any way permitted by his personal law.
But as to the putative wife, any entitlement she will have will be determined by whether
the lex situs of any "matrimonial" assets recognizes the decree. If the decree is not
recognized, she will remain a wife for the purposes of succession protected by the local
system of mandatory heirship or community property laws.

JURISDICTION
Judicial Jurisdiction of an Indian Court
Indian courts have jurisdictional competence to determine any question relating to the
succession to a deceased person’s estate, regardless of his domicile and whether or not it
has exercised jurisdiction to make a grant of representation. The jurisdiction is of an
inclusive character so as to embrace all the movables and immovables of the deceased,
wherever they are situated. However, the court will not make an order with regard to the
beneficial distribution of the estate unless the court is satisfied that the person before it is
recognized by it as having the authorization to deal with the property in question.

Judicial Jurisdiction of Foreign Courts

An Indian court will give effect to the decision of the court of domicile of the deceased at
the date of his death on any question in respect of succession to his movables. Likewise,
in the matter of succession to immovables, an Indian court will follow the decision of the
court of the country where the immovables are situated.1

CHOICE OF LAW
Succession to Movables and Immovables: The Governing Law
Subject to certain exceptions, namely the formal validity of a will, wills in foreign
languages, and matters relating to construction of wills, succession to movables of a
deceased person is governed by the law of his domicile at the date of his death.2 Again,
succession to his immovables is governed by lex situs (that is, the law of the place where
the immovables are situated).

Renvoi
The law that governs succession, testate or intestate, as per the choice of law rules, is the
internal or the local law of the country concerned to the exclusion of the rules of choice
of law of the forum.3

CHANGES IN THE LAW OF DOMICILE OF THE DECEASED

Generally speaking, succession to movables is not affected by any changes in the law of
the domicile of the deceased that are brought about after his death, whether or not
retrospective.4 However, in the case of succession to immovables such changes are taken
into account.5

LEGAL EFFECTS OF GRANT OF REPRESENTATION

The fact that a grant of letters of administration by a court stands unrevoked is conclusive
evidence that the deceased died intestate (that is without making a will).6 Similarly, the
fact that a grant of probate by a court remains unrevoked is conclusive evidence that the
instrument admitted to probate is the last will of the testator.7

INTESTATE SUCCESSION
It is a well established principle of conflict of laws in the common law world that
succession to movables intestate, wherever situated, is governed by the law of domicile at
the date of his death. The law of domicile is the governing law in matters of succession,
1
Nilkanth Balwant Natu v. Vidya Narasing Bharathi Swami AIR 1930 PC 188
2
Sankaran Govindan v. Lakshmi Bharathi AIR 1974 SC 1764
3
R. Viswanathan v. Rukn-ul-Mulk Syed Abdul Wajid (dead) AIR 1963 SC 1
4
Lynch v. Paraguay Provisional Government (1871) LR 2 P&D 268
5
Earl Nelson v. Lord Bridport (1845) 8 Beav 527
6
Tourton v. Flower (1735) 3 P Wms 369
7
Thornton v. Curling (1824) 8 Sim 310
including the devolution of the property of the deceased which, inter alia, takes into
account issues such as the determination of the kindred of the deceased, share of the
widow, and whether the deceased has left lineal descendants.
Issues relating to succession to immovables of the deceased intestate are governed by the
lex situs.

TESTATE SUCCESSION
Capacity: Rule of Choice of Law
Formal Validity under Common law
Formal Validity of a Will under the Indian Law of Succession
Construction
Wills in Foreign Languages
Indian Rules of Construction
Election
Testamentary Revocation
TESTAMENTARY EXERCISE OF POWER OF APPOINTMENT
CONCLUSION

REFERENCES
Following is the tentative list of references:

Books:

 V. C. Govindaraj, ‘The Conflict of Laws in India’, Oxford University Press, First

edition, 2011.
 Atul M Setalvad, ‘ Conflict of Laws’, Lexis Nexis.
 Dicey et. al., ‘The Conflict of Laws’, Sweet and Maxwell, 14th edition, 2008.

Weblinks:

 http://www.lawyerscollective.org/files/LCWRI%20INHERITANCE%20REPOR
T.pdf
 http://www.publications.parliament.uk/pa/ld200910/ldselect/ldeucom/75/7505.ht
m
 http://www.government.se/content/1/c6/02/77/80/d8a2b3f7.pdf
 http://ec.europa.eu/civiljustice/publications/docs/report_conflits_uk.pdf