Dr.

Ram Manohar Lohiya National Law University

Lucknow

Synopsis

Conflict of Laws

Topic: - Beneficial Distribution under Succession

Submitted to: - Submitted by:-

Mr. Prem Kumar Gautam Shalini Dwivedi
Assistant Professor (Law) Roll. No. 121
Semester VIII
B.A. LL.B (Hons.)
SOURCES
This research will be based on primary as well as secondary sources.

Objective
This project basically aims at having an overview Beneficial Distribution under
Succession.

RESEARCH METHODLOGY
The methodology of the research is DOCTRINAL research methodology i.e. the
method of analysis is descriptive and analytical .While researching on the topic, various
books and internet sources have been consulted. The project topic has been elaborated to
best of knowledge and available information.

Hypothesis-

This project talks about the beneficial distribution under Succession. In this it is discuss
about judicial jurisdiction of Indian Court and Foreign Courts and also it talks about
choice of law. In the conflict of laws, the subject of succession deals with all procedural
matters relevant to estates containing a "foreign element" whether that element consists
of the identity of the deceased, those who may inherit or the location of property. The
relevant choice of law rules often distinguish both between the administration of the
estate and the succession to it, and between the succession to movable and immovable
property.

INTRODUCTION

In the conflict of laws, the subject of succession deals with all procedural matters relevant
to estates containing a "foreign element" whether that element consists of the identity of
the deceased, those who may inherit or the location of property. The relevant choice of
law rules often distinguish both between the administration of the estate and the
succession to it, and between the succession to movable and immovable property.
In some states, there is complete freedom for testators to leave their assets to whomever
or whatever purpose they wish to promote. But the majority of states allow surviving
spouses, children and dependents of a locally-based deceased to claim against the estate if
the will fails to make adequate provision for them. Some proactively limit the testator's
capacity by imposing minimum provisions for surviving dependents.
Although these rules are relatively clear in their operation during the subsistence of the
marriage, determining the effect of either a divorce or nullity decree is more problematic
if, by its existence or the terms of any order made, it purports to adjust the property
entitlements of the other spouse. For example, suppose that a husband obtains a nullity
decree in a state declaring the marriage to have been void Ab initio. If that decree is
recognized across state boundaries, the effect would be to remove any claim that the
supposed "wife" would otherwise have had.
As to the testator, all questions of status and capacity should be determined by the
personal law at the time the decree is granted. Thus, if the decree is recognized, either the
status will be modified so that the testator was never married and this will retrospectively
validate or invalidate previous dispositions, or the testator is now single and able to
dispose of his assets in any way permitted by his personal law.
But as to the putative wife, any entitlement she will have will be determined by whether
the lex situs of any "matrimonial" assets recognizes the decree. If the decree is not
recognized, she will remain a wife for the purposes of succession protected by the local
system of mandatory heirship or community property laws.

Tentative Chapterization
1. SOURCES
2. OBJECTIVE
3. RESEARCH METHODLOGY
4. HYPOTHESIS
5. INTRODUCTION
6. CONCLUSION
7. BIBLIOGRAPHY
REFERENCES
Following is the tentative list of references:

Books:

 V. C. Govindaraj, ‘The Conflict of Laws in India’, Oxford University Press, First

edition, 2011.
 Atul M Setalvad, ‘Conflict of Laws’, Lexis Nexis.
 Dicey et. al., ‘The Conflict of Laws’, Sweet and Maxwell, 14th edition, 2008.

Weblinks:

 http://www.lawyerscollective.org/files/LCWRI%20INHERITANCE%20REPOR
T.pdf
 http://www.publications.parliament.uk/pa/ld200910/ldselect/ldeucom/75/7505.ht
m
 http://www.government.se/content/1/c6/02/77/80/d8a2b3f7.pdf
 http://ec.europa.eu/civiljustice/publications/docs/report_conflits_uk.pdf