PRIVATE INTERNATIONAL LAWS

1. SUCCESSION TO
MOVABLE PROPERTY
UNDER INDIAN AND
ENGLISH LAW
POOJA SONI DR. SUKHWINDER VIRK
GRP. NO.- 20 (ASSTT. PROFFESSOR
OF LAW

2. INTRODUCTION
Succession is a very complex and issue in multi-diverse society. It is generally
understood as per the private international law, that intestate succession of a movable
property follows the law of domicile of the intestate at the time of his/ her demise,
and in case of immovable property, the law of situs (the place to which a property
belongs) would apply, no matter where his/her domicile may have been.

3. INDIAN LAW
• Succession to the movable property of a person deceased is regulated by the law of
the country in which such person had his domicile at the time of his death.
• A, having his domicile in 1[India], dies in France, leaving movable property in
France, movable property in England and property, both movable and immovable,
in 1[India]. The succession to the whole is regulated by the law of 1[India].

4. INTESTATE SUCCESSION
AMONG HINDUS
• The Hindu Succession Act, 1956 was passed to amend and consolidate the law
relating to intestate succession among Hindus. It extends and applies to all the
persons who practice the religion or who are defined as Hindu’s (Buddhists, Jains
and Sikhs) under the legal regime. The act was further amended in 2005

5. ENGLISH LAW
• In common law jurisdictions (e.g. England & Wales) the domicile of the individual
will govern which system of law is applicable to different classes of assets in the
estate. If a person dies domiciled in a common law jurisdiction then common law
will apply to the succession and administration of the estate as regards movable
property (assets other than land), wherever situated, but usually only to immovable
property (land) situated in the jurisdiction.

6. CONCLUSION
• Laws of Succession relate to legal principles of distribution of assets of a deceased
individual. These include the order in which one person in preference of any or
one person after another or any one person in particular share with any other
person succeeds to the property/estate of the deceased person.