Inheritance Laws in India

About the Course

This course provides a comprehensive examination of inheritance and succession laws in India, situated at the intersection of personal law, constitutional principles, and socio-economic justice. It begins with the foundations of inheritance and examines how property transitions across generations and how law structures familial continuity.

The course undertakes a comparative study of inheritance under Hindu, Muslim, and secular regimes. The Hindu Succession Act, 1956 is examined with particular focus on gender bias, devolution of female property, rights of illegitimate children, and the evolving discourse on transgender inclusion. Muslim inheritance law is studied through its classification of heirs, limits on testamentary freedom, and structural differences between Sunni and Shia schools, within contemporary reform and gender justice debates.

Succession under the Indian Succession Act, 1925 is analysed with emphasis on testamentary formalities, wills and codicils, probate and letters of administration, the impact of the Special Marriage Act, and recent legislative amendments affecting Section 213.

The course further examines broader issues such as inequality in inheritance, debates on inheritance taxation, and the role of trusts in succession and estate planning. It also addresses emerging questions including digital assets and data succession, cross-border and NRI estates, inheritance claims in live-in and same-sex relationships, and constitutional debates surrounding the Uniform Civil Code with reference to Goa and Uttarakhand. Discussions will also include organ donation, passive euthanasia, and advance directives through living wills.

About the Course Instructor

Justice K. Kannan (Retd.)

Justice Kannan has formerly been the Judge of Madras High Court (2008) and High Court of Punjab, Haryana and Chandigarh (2008 until his retirement in 2016). He was thereafter appointed as the Chairperson of the National Railway Claims Tribunal, New Delhi.

In 2019, he founded Madhyasatham, a friendly outfit to popularise, train and practise mediation. He is an expert mediator and has authored and edited several books on niche areas of law including inheritance, insurance, motor accidents and medical and health law.

Of special mention are his books titled Law and Medicine: Exploring Areas of Intersection (2nd Ed, 2025), Modi’s A Textbook of Medical Jurisprudence and Toxicology (Hardback) (28th Ed, 2025) and Paruck’s Indian Succession Act.

Course Overview

1. Foundations of Inheritance Law
• Meaning of inheritance and succession
• Difference between succession, gift and nomination
• Intestate vs. testamentary succession
• Devolution of property
• Legal Heir, Legal Representative, Executor, Administrator
• Succession Certificate

2. Inheritance under Hindu Law
• Types of Property – Ancestral vs. self-acquired property, Joint family property, Coparcenary property
• Impact of The Hindu Gains of Learning Act, 1930
• Introduction to Hindu Succession Act, 1956
• General Rules of Succession and Disqualifications from Succession
• Extent of disposition power – testamentary succession
• Daughter as coparcener (Impact of 2005 amendment)
• Devolution of male vs. female property
• Partition and notional share
• Application to agricultural land
• Critical Issues – Gender Bias and overarching imprint of patriarchy; Impact on transgenders; Right of illegitimate children

3. Inheritance under Muslim Law
• Classification of Heirs – Sharers, Residuaries, Distant kindred
• Testamentary Power – One-third rule, Consent of heirs, Marz-ul-maut
• Differences between Sunni and Shia
• Need for reforms

4. Inheritance under the Indian Succession Act, 1925
• Applicability
• Impact of the Special Marriage Act, 1954
• Intestate Scheme
• Testamentary Succession
• Wills vs codicil
• Privileged vs unprivileged wills
• Valid will requirements and Proof of Wills
• Revocation, Alteration and Revival of Wills
• Codicils
• International Wills
• Living Wills
• Tribal succession, with particular reference to the tribes in the North-east India
• Probate & letters of administration
• Impact of The Repealing and Amending Act, 2025 on Section 213

5. Inequality and Inheritance: Rethinking inheritance taxation in India

6. Trusts as Succession & Estate Planning Tools
• Concept of Trust, Author (settlor), Trustee, Beneficiary, Trust property
• Trust vs Will
• Types of Trusts – Private trusts, Public charitable trusts, Revocable vs irrevocable trusts
• Use of Trusts in Estate Planning

7.Uniform Civil Code
• The lurking dangers
• Reforms in personal laws

8. Contemporary Debates
• Digital Data and Digital Assets and Succession
• NRI & Cross-Border Succession
• Live-in Relationships & Inheritance
• Same Sex Couples & Inheritance

Learning Outcomes

By the end of this course, participants will be able to:

• Define and explain core concepts of inheritance and succession, including intestate and testamentary devolution

• Describe the statutory frameworks governing inheritance under the Hindu Succession Act, Muslim personal law, and the Indian Succession Act

• Compare and contrast inheritance schemes under different personal laws

• Identify categories of heirs, principles of coparcenary, and rules of testamentary validity

• Draft basic testamentary clauses, including wills and codicils

• Critically assess gender bias and structural inequality embedded in inheritance regimes

• Evaluate the constitutional implications of personal law in light of Articles 14, 15, and 44

• Critically examine the feasibility and desirability of a Uniform Civil Code in matters of succession

Course Details

• Class Duration: 1 hour and 30 minutes
• Time: 7:15 PM to 8:45 PM
• Class Frequency: Bi-Weekly (Every Monday and Tuesday)
• Total Number of Sessions: 27
• Total Number of Teaching Hours: 40
• Start Date: 23 March 2026
• End Date: 22 June 2026 (Tentative )
• Recordings : Available for a period of 6 months from last date of class 
• Medium of Instruction : English

Course Highlights

• Blended learning
• Flexibility to learn at your own pace
• Critical discussions

Certification : Yes

Course Fee : Rs 5,999/- (including GST)

Who Should Enrol

• General Public
• Law Students
• Judiciary Aspirants
• UPSC Aspirants
• Family Court Practitioners
• Mediators
• Lawyers
• Civil Court Judges
  
  Secure your slot now !
  
  For queries reach out to us at : judiciary@livelaw.in
  or 
  Contact us on : +91 7994869912