The Indian Succession Act, 1925
central
An Act To Consolidate The Law Applicable To Intestate And Testamentary Succession.
Act Number
39
Enactment
1925-09-30
Ministry
Ministry Of Law And Justice
PRELIMINARY
OF DOMICILE
Section 4Application of Part.Section 5Law regulating succession to deceased person?s immoveable and moveable property, respectively.Section 6One domicile only affects succession to moveables.Section 7Domicile of origin of person of legitimate birth.Section 8Domicile of origin of illegitimate child.Section 9Continuance of domicile of origin.Section 10Acquisition of new domicile.Section 11Special mode of acquiring domicile in India.Section 12Domicile not acquired by residence as representative of foreign Government, or as part of his family.Section 13Continuance of new domicile.Section 14Minor?s domicile.Section 15Domicile acquired by woman on marriage.Section 16Wife?s domicile during marriage.Section 17Minor?s acquisition of new domicile.Section 18Lunatic?s acquisition of new domicile.Section 19Succession to moveable property in India in absence of proof of domicile elsewhere.
MARRIAGE
OF CONSANGUINITY
CHAPTER I.--Preliminary
CHAPTER II.--Rules in cases of Intestates other than Parsis
Section 31Chapter not to apply to Parsis.Section 32Devolution of such property.Section 33Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.Section 33ASpecial provision where intestate has left widow and no lineal descendants.Section 34Where intestate has left no widow, and where he has left no kindred.Section 35Rights of widower.
Distribution where there are lineal descendant
Section 36Rules of distribution.Section 37Where intestate has left child or children only.Section 38Where intestate has left no child, but grandchild or grandchildren.Section 39Where intestate has left only great-grandchildren or remoter lineal descendants.Section 40Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead.
Distribution where there are no lineal descendants
Section 41Rules of distribution where intestate has left no lineal descendants.Section 42Where intestate?s father living.Section 43Where intestate?s father dead, but his mother, brothers and sisters living.Section 44Where intestate?s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.Section 45Where intestate?s father dead and his mother and children of any deceased brother or sister living.Section 46Where intestate?s father dead, but his mother living and no brother, sister, nephew or niece.Section 47Where intestate has left neither lineal descendant, nor father, nor mother.Section 48Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.Section 49Children?s advancements not brought into hotchpot.
CHAPTER III.--Special Rules for Parsi Intestates
Section 50General principles relating to intestate succession.Section 51Division of intestate?s property among widow, widower, children and parents.Section 53Division of share of predeceased child of intestate leaving lineal descendants.Section 54Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant.Section 55Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant.Section 56Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.
CHAPTER I.--Introductory
CHAPTER II--Of Wills and Codicils
CHAPTER III.--Of the Execution of unprivileged Wills
CHAPTER IV.--Of privileged Wills
CHAPTER V.--Of the Attestation, Revocation, Alteration and Revival of Wills
Section 67Effect of gift to attesting witness.Section 68Witness not disqualified by interest or by being executor.Section 69Revocation of will by testator?s marriage.Section 70Revocation of unprivileged will or codicil.Section 71Effect of obliteration, interlineation or alteration in unprivileged will.Section 72Revocation of privileged will or codicil.Section 73Revival of unprivileged will.
CHAPTER VI.--Of the construction of Wills
Section 74Wording of wills.Section 75Inquiries to determine questions as to object or subject of will.Section 76Misnomer or misdescription of object.Section 77When words may be supplied.Section 78Rejection of erroneous particulars in description of subject.Section 79When part of description may not be rejected as erroneous.Section 80Extrinsic evidence admissible in cases of patent ambiguity.Section 81Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.Section 82Meaning or clause to be collected from entire Will.Section 83When words may be understood in restricted sense, and when in sense wider than usual.Section 84Which of two possible constructions preferred.Section 85No part rejected, if it can be reasonably construed.Section 86Interpretation of words repeated in different parts of will.Section 87Testator?s intention to be effectuated as far as possible.Section 88The last of two inconsistent clauses prevails.Section 89Will or bequest void for uncertainty.Section 90Words describing subject refer to property answering description at testator?s death.Section 91Power of appointment executed by general bequest.Section 92Implied gift to objects of power in default of appointment.Section 93Bequest to ?heirs,? etc., of particular person without qualifying terms.Section 94Bequest to ?representatives?, etc., of particular person.Section 95Bequest without words of limitation.Section 96Bequest in alternative.Section 97Effect of words describing a class added to bequest to person.Section 98Bequest to class of persons under general description only.Section 99Construction of terms.Section 100Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate.Section 101Rules of construction where will purports to make two bequests to same person.Section 102Constitution of residuary legatee.Section 103Property to which residuary legatee entitled.Section 104Time of vesting legacy in general terms.Section 105In what case legacy lapses.Section 106Legacy does not lapse if one of two joint legatees die before testator.Section 107Effect of words showing testator?s intention to give distinct shares.Section 108When lapsed share goes as undisposed of.Section 109When bequest to testator?s child or lineal descendant does not lapse on his death in testator?s lifetime.Section 110Bequest to A for benefit of B does not lapse by A?s death.Section 111Survivorship in case of bequest to described class.
CHAPTER VII.--Of void Bequests
Section 112Bequest to person by particular description, who is not in existence at testator?s death.Section 113Bequest to person not in existence at testator?s death subject to prior bequest.Section 114Rule against perpetuity.Section 115Bequest to a class some of whom may come under rules in sections 113 and 114.Section 116Bequest to take effect on failure of prior bequest.Section 117Effect of direction for accumulation.Section 118Bequest to religious or charitable uses.
CHAPTER VIII.--Of the vesting of Legacies
CHAPTER IX.--Of Onerous Bequests
CHAPTER X.--Of Contingent Bequests
CHAPTER XI.--Of Conditional Bequests
Section 126Bequest upon impossible condition.Section 127Bequest upon illegal or immoral condition.Section 128Fulfilment of condition precedent to vesting of legacy.Section 129Bequest to A and on failure of prior bequest to B.Section 130When second bequest not to take effect on failure of first.Section 131Bequest over, conditional upon happening or not happening of specified uncertain event.Section 132Condition must be strictly fulfilled.Section 133Original bequest not affected by invalidity of second.Section 134Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.Section 135Such condition must not be invalid under section 120.Section 136Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over.Section 137Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud.
CHAPTER XII.--Of Bequests with Directions as to Application or Enjoyment
Section 138Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.Section 139Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.Section 140Bequest of fund for certain purposes, some of which cannot be fulfilled.
CHAPTER XIII.--Of Bequests to an Executor
CHAPTER XIV.--Of Specific Legacies
Section 142Specific legacy defined.Section 143Bequest of certain sum where stocks, etc., in which invested are described.Section 144Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.Section 145Bequest of money where not payable until part of testator?s property disposed of in certain way.Section 146When enumerated articles not deemed specifically bequeathed.Section 147Retention, in form, of specific bequest to several persons in succession.Section 148Sale and investment of proceeds of property bequeathed to two or more persons in succession.Section 149Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.
CHAPTER XV.--Of Demonstrative Legacies
CHAPTER XVI.--Of Ademption of Legacies
Section 152Ademption explained.Section 153Non-ademption of demonstrative legacy.Section 154Ademption of specific bequest of right to receive something from third party.Section 155Ademption pro tanto by testator?s receipt of part of entire thing specifically bequeathed.Section 156Ademption pro tanto by testator?s receipt of portion of entire fund of which portion has been specically bequeathed.Section 157Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies.Section 158Ademption where stock, specifically bequeathed, does not exist at testator?s death.Section 159Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death.Section 160Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.Section 161When removal of thing bequeathed does not constitute ademption.Section 162When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.Section 163Change by operation of law of subject of specific bequest between date of will and testator?s death.Section 164Change of subject without testator?s knowledge.Section 165Stock specifically bequeathed lent to third party on condition that it be replaced.Section 166Stock specifically bequeathed sold but replaced, and belonging to testator at his death.Section 167Non-liability of executor to exonerate specific legatees.Section 168Compeletion of testator?s title to things bequeathed to be at cost of his estate.Section 169Exoneration of legatee?s immoveable property for which land-revenue or rent payable periodically.Section 170Exoneration of specific legatee?s stock in joint-stock company.
CHAPTER XVIII.--Of Bequests of Things described in General Terms
CHAPTER XIX.--Of Bequests of the Interest or Produce of a Fund
CHAPTER XX.--Of Bequests of Annuities
Section 173Annuity created by will payable for life only unless contrary intention appears by will.Section 174Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity.Section 175Abatement of annuity.Section 176Where gift of annuity and residuary gift, whole annuity to be first satisfied.
CHAPTER XXI.--Of Legacies to creditors and Portioners
CHAPTER--XXII.--Of Election
Section 180Circumstances in which election takes place.Section 181Devolution of interest relinquished by owner.Section 182Testator?s belief as to his ownership immaterial.Section 183Bequest for man?s benefit how regarded for purpose of election.Section 184Person deriving benefit indirectly not put to election.Section 185Person taking in individual capacity under will may In other character elect to take in opposition.Section 186Exception to provisions of last six sections.Section 187When acceptance of benefit given by will constitutes election to take under will.Section 188Circumstances in which knowledge or waiver is presumed or inferred.Section 189When testator?s representatives may call upon legatee to elect.Section 190Postponement of election in case of disability.
CHAPTER XXIII.--Of Gifts in Contemplation of Death
PROTECTION OF PROPERTY OF DECEASED
Section 192Person claiming right by succession to property of deceased may apply for relief against wrongful possession.Section 193Inquiry made by Judge.Section 194Procedure.Section 195Appointment of curator pending determination of proceeding.Section 196Powers conferrable on curator.Section 197Prohibition of exercise of certain powers by curators.Section 198Curator to give security and may receive remuneration.Section 199Report from Collector where estate includes revenue paying land.Section 200Institution and defence of suits.Section 201Allowances to apparent owners pending custody by curator.Section 202Accounts to be filed by curator.Section 203Inspection of accounts and right of interested party to keep duplicate.Section 204Bar to appointment of second curator for same property.Section 205Limitation of time for application for curator.Section 206Bar to enforcement of Part against public settlement or legal directions by deceased.Section 207Court of Wards to be made curator in case of minors having property subject to its jurisdiction.Section 208Saving of right to bring suit.Section 209Effect of decision of summary proceeding.Section 210Appointment of public curators.
REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION
Section 211Character and property of executor or administrator as such.Section 212Right to intestate?s property.Section 213Right as executor or legatee when established.Section 214Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.Section 215Effection certificate of subsequent probate or letters of administration.Section 216Grantee of probate or administration alone to sue, etc., until same revoked.
PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
CHAPTER I.--Of Grant of Probate and Letters of Administration
Section 218To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person.Section 219Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.Section 220Effect of letters of administration.Section 221Acts not validated by administration.Section 222Probate only to appointed executor.Section 223Persons to whom probate cannot be granted.Section 224Grant of probate to several executors simultaneously or at different times.Section 225Separate probate of codicil discovered after grant of probate.Section 226Accrual of representation to surviving executor.Section 227Effect of probate.Section 228Administration, with copy annexed, of authenticated copy of will proved abroad.Section 229Grant of administration where executor has not renounced.Section 230Form and effect of renunciation of executorship.Section 231Procedure where executor renounces or fails to accept within time limited.Section 232Grant of administration to universal or residuary legatees.Section 233Right to administration of representative of deceased residuary legatee.Section 234Grant of administration where no executor, nor residuary legatee nor representative of such legatee.Section 235Citation before grant of administration to legatee other than universal or residuary.Section 236To whom administration may not be granted.Section 236ALaying of rules before State Legislature.
Grants limited in duration
CHAPTER III.--Alteration and Revocation of Grants
CHAPTER IV.--Of the Practice in granting and revoking Probates and Letters of Administration
Section 264Jurisdiction of District Judge in granting and revoking probates, etc.Section 265Power to appoint delegate of District Judge to deal with non-contentious cases.Section 266District Judge?s powers as to grant of probate and administration.Section 267District Judge may order person to produce testamentary papers.Section 268Proceedings of District Judge?s Court in relation to probate and administration.Section 269When and how District Judge to interfere for protection of property.Section 270When probate or administration may be granted by District Judge.Section 271Disposal of application made to Judge of district in which deceased had no fixed abode.Section 272Probate and letters of administration may be granted by Delegate.Section 273Conclusiveness of probate or letters of administration.Section 274Transmission to High Courts of certificate of grants under proviso to section 273.Section 275Conclusiveness of application for probate or administration if properly made and verified.Section 276Petition for probate.Section 277In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.Section 278Petition for letters of administration.Section 279Addition to statement in petition, etc., for probate or letters of administration in certain cases.Section 280Petition for probate, etc., to be signed and verified.Section 281Verification of petition for probate, by one witness to will.Section 282Punishment for false averment in petition or declaration.Section 283Powers of District Judge.Section 284Caveats against grant of probate or administration.Section 285After entry of caveat, no proceeding taken on petition until after notice to caveator.Section 286District Delegate when not to grant probate or administration.Section 287Power to transmit statement to District Judge in doubtful cases where no contention.Section 288Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court.Section 289Grant of probate to be under seal of Court.Section 290Grant of letters of administration to be under seal of Court.Section 291Administration-bondSection 292Assignment of administration-bondSection 293Time for grant of probate and administration.Section 294Filing of original wills of which probate or administration with will annexed granted.Section 295Procedure in contentious cases.Section 296Surrender of revoked probate or letters of administration.Section 297Payment to executor or administrator before probate or administration revoked.Section 298Power to refuse letters of administration.Section 299Appeals from orders of District Judge.Section 300Concurrent jurisdiction of High Court.Section 301Removal of executor or administrator and provision for successor.Section 302Directions to executor or administrator.
CHAPTER V.--Of Executors of their own Wrong
CHAPTER VI.--Of the Powers of an Executor or Administrator
Section 305In respect of causes of action surviving deceased and debts due at death.Section 306Demands and rights of action of or against deceased survive to and against executor or administrator.Section 307Power of executor or administrator to dispose of property.Section 308General powers of administration.Section 309Commission or agency charges.Section 310Purchase by executor or administrator of deceased?s property.Section 311Powers of several executors or administrators exercisable by one.Section 312Survival of powers on death of one of several executors or administrators.Section 313Powers of administrator of effects unadministered.Section 314Powers of administrator during minority.Section 315Powers of married executrix or administratrix.
CHAPTER VII.--Of the Duties of an Executor or Administrator
Section 316As to deceased?s funeral.Section 317Inventory and account.Section 318Inventory to include property in any part of India in certain cases.Section 319As to property of, and debts owing to, deceased.Section 320Expenses to be paid before all debts.Section 321Expenses to be paid next after such expenses.Section 322Wages for certain services to be next paid, and then other debts.Section 323Save as aforesaid, all debts to be paid equally and rateably.Section 324Application of moveable property to payment of debts where domicile not in India.Section 325Debts to be paid before legacies.Section 326Executor or administrator not bound to pay legacies without indemnity.Section 327Abatement of general legacies.Section 328Non-abatement of specific legacy when assets sufficient to pay debts.Section 329Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.Section 330Rateable abatement of specific legacies.Section 331Legacies treated as general for purpose of abatement.
CHAPTER VIII.--Of assent to a legacy by Executor or Administrator
CHAPTER IX.--Of the Payment and Apportionment of Annuities
CHAPTER X.--Of the Investment of Funds to Provide for Legacies
Section 341Investment of sum bequeathed, where legacy, not specific, given for life.Section 342Investment of general legacy, to be paid at future time: disposal of intermediate, interest.Section 343Procedure when no fund charged with, or appropriated to, annuity.Section 344Transfer to residuary legatee of contingent bequest.Section 345Investment of residue bequeathed for life, without direction to invest in particular securities.Section 346Investment of residue bequeathed for life, with direction to invest in specified securities.Section 347Time and manner of conversion and investment.Section 348Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf.
CHAPTER XL.--Of the Produce and Interest of Legacies
Section 349Legatee?s title to produce of specific legacy.Section 350Residuary legatee?s title to produce of residuary fund.Section 351Interest when no time fixed for payment of general legacy.Section 352Interest when time fixed.Section 353Rate of interest.Section 354No interest on arrears of annuity within first year after testator?s death.Section 355Interest on sum to be invested produce annuity.
CHAPTER XII.--Of the Refunding of Legacies
Section 356Refund of legacy paid under Court?s orders.Section 357No refund if paid voluntarily.Section 358Refund when legacy has become due on performance of condition within further time allowed under section 137.Section 359When each legatee compellable to refund in proportion.Section 360Distribution of assets.Section 361Creditor may call upon legatee to refund.Section 362When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund.Section 363When unsatisfied legatee must first proceed against executor, if solvent.Section 364Limit to refunding of one legatee to another.Section 365Refunding to be without interest.Section 366Residue after usual payments to be paid to residuary legatee.Section 367Transfer of assets from India to executor or administrator in country of domicile for distribution.
CHAPTER XIII.--Of the Liability of an Executor or Administrator for Devastation
SUCCESSION CERTIFICATES
Section 370Restriction on grant of certificates under this part.Section 371Court having jurisdiction to grant certificate.Section 372Application for certificate.Section 373Procedure on application.Section 374Contents of certificate.Section 375Requisition of security from grantee of certificate.Section 376Extension of certificate.Section 377Forms of certificate and extended certificate.Section 378Amendment of certificate in respect of powers as to securities.Section 379Mode of collecting court-fees on certificates.Section 380Local extent of certificate.Section 381Effect of certificate.Section 382Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases.Section 383Revocation of certificate.Section 384Appeal.Section 385Effect on certificate of previous certificate, probate or letters of administration.Section 386Validation of certain payments made in good faith to holder of invalid certificate.Section 387Effect of decisions under this Act, and liability of holder of certificate thereunder.Section 388Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.Section 389Surrender of superseded and invalid certificates.Section 390Provisions with respect to certificates under Bombay Regulation VIII of 1827.