Articles

A Study of H. Venkatachala Iyengar v. B.N. Thimmajamma 1959 AIR 443 or [1959] Supp. 1 S.C.R. 426 The administration of estate property through testamentary disposition occupies a distinct niche in Indian jurisprudence, standing at the cross-section of substantive succession laws and procedural rules of evidence. Unlike general inter vivos instruments, a will is designed […]

Contractual Restraints on Trade in India: An Analysis of the Use of Non-Compete and Non-Solicitation Clauses by MSMEs and Start-ups INTRODUCTION In today’s market scenario, which has become very competitive and is constantly driven by new ideas, businesses are using contracts more and more to protect their company interests. Non-compete and non-solicitation agreements are some

“The law of succession is a very important aspect with regard to the orderly transfer of property upon death.” There are strict regulations with regard to the succession of property in India. The Indian Succession Act, 1925, is the principal legislation governing the Succession Act, which was enacted during the colonial era with the intention

Introduction Indian urban housing, especially in metropolitan areas, is dominated by co-operative housing societies and apartment ownership structures. These systems require flat owners to nominate an individual who will be recognised by the society upon the owner’s death. However, the legal effect of such nomination is frequently misunderstood. When it comes to property ownership and

Introduction Acceleration means reducing the time gap between the present and when a certain event is supposed to happen. This doctrine, which pertains to wills and successions inasmuch as it applies to the transfer of property, lays down that when a prior interest fails or ends abruptly and does not violate any provisions of the

Introduction The doctrine of persona designata translates to “a person considered as an individual rather than as a member of a class”, according to Black’s Law dictionary. In the law of wills, the intention of the testator remains paramount while deciding the interpretation of the said testator’s will. However, when the will’s wording creates certain doubts

Introduction In the construction of legal documents, such as wills and testaments, precision of language is paramount. However, ambiguous or vague terms are common in wills and testaments, which are frequently written by laypeople or without thorough legal review. In such cases, courts rely on an interpretative tool known as the doctrine of ejusdem generis,

Introduction The doctrine of donatio mortis causa (DMC) occupies a unique space in succession law, positioned halfway between a gift and a testamentary bequest. Rooted in Roman law and preserved in English and Indian jurisprudence, it reflects a human anxiety surrounding death and an urgent need to secure one’s affairs. Simply put, a donatio mortis

Introduction A waiver is essentially the intentional relinquishment of a legal right or claim. In the Indian legal context, this doctrine finds application across contract law, constitutional law, testamentary law, and various other fields. In these fields, individuals may, expressly or by conduct, with full knowledge of their existing rights, choose to abandon said right/rights. 

Introduction Wills form a foundational element of the Indian legal system, serving as a formal means through which individuals can direct the distribution and management of their estate after death. Defined under Section 2(h) of the Indian Succession Act, 1925, a will is a legal declaration made voluntarily by a person (the testator) during their