India and Intestate Succession

Siddhartha Shukla (National Law University, Jodhpur) has recently posted on SSRN an article entitled International Perspective on Intestacy Practices: Lessons for India.

Here is an abstract of the article:

The intestacy practices in India can be dated back to the ancient historic era and has evolved substantially over the centuries. Ironically, the present day law on the subject is countered with plethora of lacunae when compared with the scenario at the international arena. Whereas, the intestacy practices in India may be broadly divided in three phases on the basis of rights and obligations of coparceners, it is pertinent to note that flaws in each phase are evident. A comparison of the intestacy practices in New Zealand, Australia, U.S.A. and U.K. vis-a-vis India, surfaces plenty of ambiguous issues in the Indian law. Albeit the intestacy practices in the U.K. and the U.S.A. are very similar to those prevalent in India, their implementation creates a departure between the two leaving behind the India law.

The research paper aims to suggest changes in the Indian intestacy law and practices, which is based on the intestacy model prevalent in the U.K., U.S.A, New Zealand and Australia.  Perhaps, the critiques may connote such a comparison flawed per se, the reason for such a comparison is to develop intestacy practice more comprehensive and error free. It is further suggested that the extension of jurisdiction of Family Courts in India to include family matters. Besides, entrusting greater judicial discretion to the aforesaid courts would enhance their efficiency and avoid procedural complexities.