April 30, 2024
Why in News? : Will an ex-Muslim continue to be governed by the Muslim personal law — the Shariat Act of 1937 — or by the secular laws of the country in matters of succession?
The Supreme Court agreed to consider the “important point” and issued notice on a writ petition filed by a woman from Kerala raising the question.
What was her petition ?
The plea said the petitioner, “a born Muslim woman to a non-practising Muslim father, who has not officially left the religion, is facing the peculiar problem in protecting her precious civil rights”.
What the Supreme Court bench said ?
What are Intestate & Testamentary Successions?
· Intestate succession applies when a person dies without leaving behind a valid will or when their will does not fully dispose of all their property. · In intestate succession, the state’s laws dictate how the deceased person’s assets are distributed among their heirs. These laws typically prioritize spouses, children, parents, and other close relatives in a predetermined order. Testamentary Succession: · Testamentary succession occurs when a person dies leaving behind a valid will, which outlines their wishes regarding the distribution of their assets after their death. · The will designates one or more individuals, known as beneficiaries, to receive specific assets or shares of the estate. It may also appoint an executor to carry out the instructions of the will. |
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