Bare Acts

The Indian Succession Act, 1925

An Act to consolidate the law applicable to intestate and testamentary succession.

भारतीय उत्तराधिकार अधिनियम, 1925

English PDF Hindi PDF

Act Details

Act Number:

Act Year:

1925

Location:

Enactment Date:

9/30/1925

Enforcement Date:

30-09-1925

Ministry:

Ministry of Law and Justice

Department:

Legislative Department

Full List of Sections

PRELIMINARY

Section 1 to Section 3

Section 1

Short title.

Section 2

Definitions.

Section 3

Power of State Government to exempt any race, sect or tribe in the State from operation of Act.

OF DOMICILE

Section 4 to Section 19

Section 4

Application of Part.

Section 5

Law regulating succession to deceased person?s immoveable and moveable property, respectively.

Section 6

One domicile only affects succession to moveables.

Section 7

Domicile of origin of person of legitimate birth.

Section 8

Domicile of origin of illegitimate child.

Section 9

Continuance of domicile of origin.

Section 10

Acquisition of new domicile.

Section 11

Special mode of acquiring domicile in India.

Section 12

Domicile not acquired by residence as representative of foreign Government, or as part of his family.

Section 13

Continuance of new domicile.

Section 14

Minor?s domicile.

Section 15

Domicile acquired by woman on marriage.

Section 16

Wife?s domicile during marriage.

Section 17

Minor?s acquisition of new domicile.

Section 18

Lunatic?s acquisition of new domicile.

Section 19

Succession to moveable property in India in absence of proof of domicile elsewhere.

MARRIAGE

Section 20 to Section 22

Section 20

Interests and powers not acquired nor lost by marriage.

Section 21

Effect of marriage between person domiciled and one not domiciled in India.

Section 22

Settlement of minor?s property in contemplation of marriage.

OF CONSANGUINITY

Section 23 to Section 28

Section 23

Application of Part.

Section 24

Kindred or consanguinity.

Section 25

Lineal consanguinity.

Section 26

Collateral consanguinity.

Section 27

Persons held for purpose of succession to be similarly related to deceased.

Section 28

Mode of computing of degrees of kindred.

CHAPTER I.--Preliminary

Section 29 to Section 30

Section 29

Application of Part.

Section 30

As to what property deceased considered to have died intestate.

CHAPTER II.--Rules in cases of Intestates other than Parsis

Section 31 to Section 35

Section 31

Chapter not to apply to Parsis.

Section 32

Devolution of such property.

Section 33

Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.

Section 33A

Special provision where intestate has left widow and no lineal descendants.

Section 34

Where intestate has left no widow, and where he has left no kindred.

Section 35

Rights of widower.

Distribution where there are lineal descendant

Section 36 to Section 40

Section 36

Rules of distribution.

Section 37

Where intestate has left child or children only.

Section 38

Where intestate has left no child, but grandchild or grandchildren.

Section 39

Where intestate has left only great-grandchildren or remoter lineal descendants.

Section 40

Where 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 41 to Section 49

Section 41

Rules of distribution where intestate has left no lineal descendants.

Section 42

Where intestate?s father living.

Section 43

Where intestate?s father dead, but his mother, brothers and sisters living.

Section 44

Where intestate?s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.

Section 45

Where intestate?s father dead and his mother and children of any deceased brother or sister living.

Section 46

Where intestate?s father dead, but his mother living and no brother, sister, nephew or niece.

Section 47

Where intestate has left neither lineal descendant, nor father, nor mother.

Section 48

Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.

Section 49

Children?s advancements not brought into hotchpot.

CHAPTER III.--Special Rules for Parsi Intestates

Section 50 to Section 56

Section 50

General principles relating to intestate succession.

Section 51

Division of intestate?s property among widow, widower, children and parents.

Section 53

Division of share of predeceased child of intestate leaving lineal descendants.

Section 54

Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant.

Section 55

Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant.

Section 56

Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.

CHAPTER I.--Introductory

Section 57 to Section 58

Section 57

Application of certain provisions of Part to a class of wills made by Hindus, etc.

Section 58

General application of Part.

CHAPTER II--Of Wills and Codicils

Section 59 to Section 62

Section 59

Person capable of making wills.

Section 60

Testamentary guardian.

Section 61

Will obtained by fraud, coercion or importunity.

Section 62

Will may be revoked or altered.

CHAPTER III.--Of the Execution of unprivileged Wills

Section 63 to Section 64

Section 63

Execution of unprivileged wills.

Section 64

Incorporation of papers by reference.

CHAPTER IV.--Of privileged Wills

Section 65 to Section 66

Section 65

Privileged wills.

Section 66

Mode of making, and rules for executing, privileged wills.

CHAPTER V.--Of the Attestation, Revocation, Alteration and Revival of Wills

Section 67 to Section 73

Section 67

Effect of gift to attesting witness.

Section 68

Witness not disqualified by interest or by being executor.

Section 69

Revocation of will by testator?s marriage.

Section 70

Revocation of unprivileged will or codicil.

Section 71

Effect of obliteration, interlineation or alteration in unprivileged will.

Section 72

Revocation of privileged will or codicil.

Section 73

Revival of unprivileged will.

CHAPTER VI.--Of the construction of Wills

Section 74 to Section 111

Section 74

Wording of wills.

Section 75

Inquiries to determine questions as to object or subject of will.

Section 76

Misnomer or misdescription of object.

Section 77

When words may be supplied.

Section 78

Rejection of erroneous particulars in description of subject.

Section 79

When part of description may not be rejected as erroneous.

Section 80

Extrinsic evidence admissible in cases of patent ambiguity.

Section 81

Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.

Section 82

Meaning or clause to be collected from entire Will.

Section 83

When words may be understood in restricted sense, and when in sense wider than usual.

Section 84

Which of two possible constructions preferred.

Section 85

No part rejected, if it can be reasonably construed.

Section 86

Interpretation of words repeated in different parts of will.

Section 87

Testator?s intention to be effectuated as far as possible.

Section 88

The last of two inconsistent clauses prevails.

Section 89

Will or bequest void for uncertainty.

Section 90

Words describing subject refer to property answering description at testator?s death.

Section 91

Power of appointment executed by general bequest.

Section 92

Implied gift to objects of power in default of appointment.

Section 93

Bequest to ?heirs,? etc., of particular person without qualifying terms.

Section 94

Bequest to ?representatives?, etc., of particular person.

Section 95

Bequest without words of limitation.

Section 96

Bequest in alternative.

Section 97

Effect of words describing a class added to bequest to person.

Section 98

Bequest to class of persons under general description only.

Section 99

Construction of terms.

Section 100

Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate.

Section 101

Rules of construction where will purports to make two bequests to same person.

Section 102

Constitution of residuary legatee.

Section 103

Property to which residuary legatee entitled.

Section 104

Time of vesting legacy in general terms.

Section 105

In what case legacy lapses.

Section 106

Legacy does not lapse if one of two joint legatees die before testator.

Section 107

Effect of words showing testator?s intention to give distinct shares.

Section 108

When lapsed share goes as undisposed of.

Section 109

When bequest to testator?s child or lineal descendant does not lapse on his death in testator?s lifetime.

Section 110

Bequest to A for benefit of B does not lapse by A?s death.

Section 111

Survivorship in case of bequest to described class.

CHAPTER VII.--Of void Bequests

Section 112 to Section 118

Section 112

Bequest to person by particular description, who is not in existence at testator?s death.

Section 113

Bequest to person not in existence at testator?s death subject to prior bequest.

Section 114

Rule against perpetuity.

Section 115

Bequest to a class some of whom may come under rules in sections 113 and 114.

Section 116

Bequest to take effect on failure of prior bequest.

Section 117

Effect of direction for accumulation.

Section 118

Bequest to religious or charitable uses.

CHAPTER VIII.--Of the vesting of Legacies

Section 119 to Section 121

Section 119

Date of vesting of legacy when payment or possession postponed.

Section 120

Date of vesting when legacy contingent upon specified uncertain event.

Section 121

Vesting of interest in bequest to such members of a class as shall have attained particular age.

CHAPTER IX.--Of Onerous Bequests

Section 122 to Section 123

Section 122

Onerous bequests.

Section 123

One of two separate and independent bequests to same person may be accepted, and other refused.

CHAPTER X.--Of Contingent Bequests

Section 124 to Section 125

Section 124

Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.

Section 125

Bequest to such of certain persons as shall be surviving at some period not specified.

CHAPTER XI.--Of Conditional Bequests

Section 126 to Section 137

Section 126

Bequest upon impossible condition.

Section 127

Bequest upon illegal or immoral condition.

Section 128

Fulfilment of condition precedent to vesting of legacy.

Section 129

Bequest to A and on failure of prior bequest to B.

Section 130

When second bequest not to take effect on failure of first.

Section 131

Bequest over, conditional upon happening or not happening of specified uncertain event.

Section 132

Condition must be strictly fulfilled.

Section 133

Original bequest not affected by invalidity of second.

Section 134

Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.

Section 135

Such condition must not be invalid under section 120.

Section 136

Result 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 137

Performance 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 138 to Section 140

Section 138

Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.

Section 139

Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.

Section 140

Bequest of fund for certain purposes, some of which cannot be fulfilled.

CHAPTER XIII.--Of Bequests to an Executor

Section 141

Legatee named as executor cannot take unless be shows intention to act as executor.

CHAPTER XIV.--Of Specific Legacies

Section 142 to Section 149

Section 142

Specific legacy defined.

Section 143

Bequest of certain sum where stocks, etc., in which invested are described.

Section 144

Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.

Section 145

Bequest of money where not payable until part of testator?s property disposed of in certain way.

Section 146

When enumerated articles not deemed specifically bequeathed.

Section 147

Retention, in form, of specific bequest to several persons in succession.

Section 148

Sale and investment of proceeds of property bequeathed to two or more persons in succession.

Section 149

Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.

CHAPTER XV.--Of Demonstrative Legacies

Section 150 to Section 151

Section 150

Demonstrative legacy defined.

Section 151

Order of payment when legacy directed to be paid out of fund the subject of specific legacy.

CHAPTER XVI.--Of Ademption of Legacies

Section 152 to Section 170

Section 152

Ademption explained.

Section 153

Non-ademption of demonstrative legacy.

Section 154

Ademption of specific bequest of right to receive something from third party.

Section 155

Ademption pro tanto by testator?s receipt of part of entire thing specifically bequeathed.

Section 156

Ademption pro tanto by testator?s receipt of portion of entire fund of which portion has been specically bequeathed.

Section 157

Order 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 158

Ademption where stock, specifically bequeathed, does not exist at testator?s death.

Section 159

Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death.

Section 160

Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.

Section 161

When removal of thing bequeathed does not constitute ademption.

Section 162

When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.

Section 163

Change by operation of law of subject of specific bequest between date of will and testator?s death.

Section 164

Change of subject without testator?s knowledge.

Section 165

Stock specifically bequeathed lent to third party on condition that it be replaced.

Section 166

Stock specifically bequeathed sold but replaced, and belonging to testator at his death.

Section 167

Non-liability of executor to exonerate specific legatees.

Section 168

Compeletion of testator?s title to things bequeathed to be at cost of his estate.

Section 169

Exoneration of legatee?s immoveable property for which land-revenue or rent payable periodically.

Section 170

Exoneration of specific legatee?s stock in joint-stock company.

CHAPTER XVIII.--Of Bequests of Things described in General Terms

Section 171

Bequest of thing described in general terms.

CHAPTER XIX.--Of Bequests of the Interest or Produce of a Fund

Section 172

Bequest of interest or produce of fund.

CHAPTER XX.--Of Bequests of Annuities

Section 173 to Section 176

Section 173

Annuity created by will payable for life only unless contrary intention appears by will.

Section 174

Period 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 175

Abatement of annuity.

Section 176

Where gift of annuity and residuary gift, whole annuity to be first satisfied.

CHAPTER XXI.--Of Legacies to creditors and Portioners

Section 177 to Section 179

Section 177

Creditor prima facie entitled to legacy as well as debt.

Section 178

Child prima facie entitled to legacy as well as portion.

Section 179

No ademption by-subsequent provision for legatee.

CHAPTER--XXII.--Of Election

Section 180 to Section 190

Section 180

Circumstances in which election takes place.

Section 181

Devolution of interest relinquished by owner.

Section 182

Testator?s belief as to his ownership immaterial.

Section 183

Bequest for man?s benefit how regarded for purpose of election.

Section 184

Person deriving benefit indirectly not put to election.

Section 185

Person taking in individual capacity under will may In other character elect to take in opposition.

Section 186

Exception to provisions of last six sections.

Section 187

When acceptance of benefit given by will constitutes election to take under will.

Section 188

Circumstances in which knowledge or waiver is presumed or inferred.

Section 189

When testator?s representatives may call upon legatee to elect.

Section 190

Postponement of election in case of disability.

CHAPTER XXIII.--Of Gifts in Contemplation of Death

Section 191

Property transferable by gift made in contemplation of death.

PROTECTION OF PROPERTY OF DECEASED

Section 192 to Section 210

Section 192

Person claiming right by succession to property of deceased may apply for relief against wrongful possession.

Section 193

Inquiry made by Judge.

Section 194

Procedure.

Section 195

Appointment of curator pending determination of proceeding.

Section 196

Powers conferrable on curator.

Section 197

Prohibition of exercise of certain powers by curators.

Section 198

Curator to give security and may receive remuneration.

Section 199

Report from Collector where estate includes revenue paying land.

Section 200

Institution and defence of suits.

Section 201

Allowances to apparent owners pending custody by curator.

Section 202

Accounts to be filed by curator.

Section 203

Inspection of accounts and right of interested party to keep duplicate.

Section 204

Bar to appointment of second curator for same property.

Section 205

Limitation of time for application for curator.

Section 206

Bar to enforcement of Part against public settlement or legal directions by deceased.

Section 207

Court of Wards to be made curator in case of minors having property subject to its jurisdiction.

Section 208

Saving of right to bring suit.

Section 209

Effect of decision of summary proceeding.

Section 210

Appointment of public curators.

REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION

Section 211 to Section 216

Section 211

Character and property of executor or administrator as such.

Section 212

Right to intestate?s property.

Section 213

Right as executor or legatee when established.

Section 214

Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.

Section 215

Effection certificate of subsequent probate or letters of administration.

Section 216

Grantee of probate or administration alone to sue, etc., until same revoked.

PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED

Section 217

Application of Part.

CHAPTER I.--Of Grant of Probate and Letters of Administration

Section 218 to Section 236A

Section 218

To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person.

Section 219

Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.

Section 220

Effect of letters of administration.

Section 221

Acts not validated by administration.

Section 222

Probate only to appointed executor.

Section 223

Persons to whom probate cannot be granted.

Section 224

Grant of probate to several executors simultaneously or at different times.

Section 225

Separate probate of codicil discovered after grant of probate.

Section 226

Accrual of representation to surviving executor.

Section 227

Effect of probate.

Section 228

Administration, with copy annexed, of authenticated copy of will proved abroad.

Section 229

Grant of administration where executor has not renounced.

Section 230

Form and effect of renunciation of executorship.

Section 231

Procedure where executor renounces or fails to accept within time limited.

Section 232

Grant of administration to universal or residuary legatees.

Section 233

Right to administration of representative of deceased residuary legatee.

Section 234

Grant of administration where no executor, nor residuary legatee nor representative of such legatee.

Section 235

Citation before grant of administration to legatee other than universal or residuary.

Section 236

To whom administration may not be granted.

Section 236A

Laying of rules before State Legislature.

Grants limited in duration

Section 237 to Section 240

Section 237

Probate of copy or draft of lost will.

Section 238

Probate of contents or lost of destroyed will.

Section 239

Probate of copy where original exists.

Section 240

Administration until will produced.

CHAPTER III.--Alteration and Revocation of Grants

Section 261 to Section 263

Section 261

What errors may be rectified by Court.

Section 262

Procedure where codicil discovered after grant of administration with will annexed.

Section 263

Revocation or annulment for just cause.

CHAPTER IV.--Of the Practice in granting and revoking Probates and Letters of Administration

Section 264 to Section 302

Section 264

Jurisdiction of District Judge in granting and revoking probates, etc.

Section 265

Power to appoint delegate of District Judge to deal with non-contentious cases.

Section 266

District Judge?s powers as to grant of probate and administration.

Section 267

District Judge may order person to produce testamentary papers.

Section 268

Proceedings of District Judge?s Court in relation to probate and administration.

Section 269

When and how District Judge to interfere for protection of property.

Section 270

When probate or administration may be granted by District Judge.

Section 271

Disposal of application made to Judge of district in which deceased had no fixed abode.

Section 272

Probate and letters of administration may be granted by Delegate.

Section 273

Conclusiveness of probate or letters of administration.

Section 274

Transmission to High Courts of certificate of grants under proviso to section 273.

Section 275

Conclusiveness of application for probate or administration if properly made and verified.

Section 276

Petition for probate.

Section 277

In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.

Section 278

Petition for letters of administration.

Section 279

Addition to statement in petition, etc., for probate or letters of administration in certain cases.

Section 280

Petition for probate, etc., to be signed and verified.

Section 281

Verification of petition for probate, by one witness to will.

Section 282

Punishment for false averment in petition or declaration.

Section 283

Powers of District Judge.

Section 284

Caveats against grant of probate or administration.

Section 285

After entry of caveat, no proceeding taken on petition until after notice to caveator.

Section 286

District Delegate when not to grant probate or administration.

Section 287

Power to transmit statement to District Judge in doubtful cases where no contention.

Section 288

Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court.

Section 289

Grant of probate to be under seal of Court.

Section 290

Grant of letters of administration to be under seal of Court.

Section 291

Administration-bond

Section 292

Assignment of administration-bond

Section 293

Time for grant of probate and administration.

Section 294

Filing of original wills of which probate or administration with will annexed granted.

Section 295

Procedure in contentious cases.

Section 296

Surrender of revoked probate or letters of administration.

Section 297

Payment to executor or administrator before probate or administration revoked.

Section 298

Power to refuse letters of administration.

Section 299

Appeals from orders of District Judge.

Section 300

Concurrent jurisdiction of High Court.

Section 301

Removal of executor or administrator and provision for successor.

Section 302

Directions to executor or administrator.

CHAPTER V.--Of Executors of their own Wrong

Section 303 to Section 304

Section 303

Executor of his own wrong.

Section 304

Liability of executor of his own wrong.

CHAPTER VI.--Of the Powers of an Executor or Administrator

Section 305 to Section 315

Section 305

In respect of causes of action surviving deceased and debts due at death.

Section 306

Demands and rights of action of or against deceased survive to and against executor or administrator.

Section 307

Power of executor or administrator to dispose of property.

Section 308

General powers of administration.

Section 309

Commission or agency charges.

Section 310

Purchase by executor or administrator of deceased?s property.

Section 311

Powers of several executors or administrators exercisable by one.

Section 312

Survival of powers on death of one of several executors or administrators.

Section 313

Powers of administrator of effects unadministered.

Section 314

Powers of administrator during minority.

Section 315

Powers of married executrix or administratrix.

CHAPTER VII.--Of the Duties of an Executor or Administrator

Section 316 to Section 331

Section 316

As to deceased?s funeral.

Section 317

Inventory and account.

Section 318

Inventory to include property in any part of India in certain cases.

Section 319

As to property of, and debts owing to, deceased.

Section 320

Expenses to be paid before all debts.

Section 321

Expenses to be paid next after such expenses.

Section 322

Wages for certain services to be next paid, and then other debts.

Section 323

Save as aforesaid, all debts to be paid equally and rateably.

Section 324

Application of moveable property to payment of debts where domicile not in India.

Section 325

Debts to be paid before legacies.

Section 326

Executor or administrator not bound to pay legacies without indemnity.

Section 327

Abatement of general legacies.

Section 328

Non-abatement of specific legacy when assets sufficient to pay debts.

Section 329

Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.

Section 330

Rateable abatement of specific legacies.

Section 331

Legacies treated as general for purpose of abatement.

CHAPTER VIII.--Of assent to a legacy by Executor or Administrator

Section 332 to Section 337

Section 332

Assent necessary to complete legatee?s title.

Section 333

Effect of executor?s assent to specific legacy.

Section 334

Conditional assent.

Section 335

Assent of executor to his own legacy.

Section 336

Effect of executor?s assent.

Section 337

Executor when to deliver legacies.

CHAPTER IX.--Of the Payment and Apportionment of Annuities

Section 338 to Section 340

Section 338

Commencement of annuity when no time fixed by will.

Section 339

When annuity, to be paid quarterly or monthly, first falls due.

Section 340

Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment.

CHAPTER X.--Of the Investment of Funds to Provide for Legacies

Section 341 to Section 348

Section 341

Investment of sum bequeathed, where legacy, not specific, given for life.

Section 342

Investment of general legacy, to be paid at future time: disposal of intermediate, interest.

Section 343

Procedure when no fund charged with, or appropriated to, annuity.

Section 344

Transfer to residuary legatee of contingent bequest.

Section 345

Investment of residue bequeathed for life, without direction to invest in particular securities.

Section 346

Investment of residue bequeathed for life, with direction to invest in specified securities.

Section 347

Time and manner of conversion and investment.

Section 348

Procedure 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 349 to Section 355

Section 349

Legatee?s title to produce of specific legacy.

Section 350

Residuary legatee?s title to produce of residuary fund.

Section 351

Interest when no time fixed for payment of general legacy.

Section 352

Interest when time fixed.

Section 353

Rate of interest.

Section 354

No interest on arrears of annuity within first year after testator?s death.

Section 355

Interest on sum to be invested produce annuity.

CHAPTER XII.--Of the Refunding of Legacies

Section 356 to Section 367

Section 356

Refund of legacy paid under Court?s orders.

Section 357

No refund if paid voluntarily.

Section 358

Refund when legacy has become due on performance of condition within further time allowed under section 137.

Section 359

When each legatee compellable to refund in proportion.

Section 360

Distribution of assets.

Section 361

Creditor may call upon legatee to refund.

Section 362

When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund.

Section 363

When unsatisfied legatee must first proceed against executor, if solvent.

Section 364

Limit to refunding of one legatee to another.

Section 365

Refunding to be without interest.

Section 366

Residue after usual payments to be paid to residuary legatee.

Section 367

Transfer 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

Section 368 to Section 369

Section 368

Liability of executor or administrator for devastation.

Section 369

Liability of executor or administrator for neglect to get any part of property.

SUCCESSION CERTIFICATES

Section 370 to Section 390

Section 370

Restriction on grant of certificates under this part.

Section 371

Court having jurisdiction to grant certificate.

Section 372

Application for certificate.

Section 373

Procedure on application.

Section 374

Contents of certificate.

Section 375

Requisition of security from grantee of certificate.

Section 376

Extension of certificate.

Section 377

Forms of certificate and extended certificate.

Section 378

Amendment of certificate in respect of powers as to securities.

Section 379

Mode of collecting court-fees on certificates.

Section 380

Local extent of certificate.

Section 381

Effect of certificate.

Section 382

Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases.

Section 383

Revocation of certificate.

Section 384

Appeal.

Section 385

Effect on certificate of previous certificate, probate or letters of administration.

Section 386

Validation of certain payments made in good faith to holder of invalid certificate.

Section 387

Effect of decisions under this Act, and liability of holder of certificate thereunder.

Section 388

Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.

Section 389

Surrender of superseded and invalid certificates.

Section 390

Provisions with respect to certificates under Bombay Regulation VIII of 1827.

MISCELLANEOUS

Section 391 to Section 392

Section 391

Saving.

Section 392

[Repealed.].