The SIKKIM SUCCESSION ACT,2008

GOVERNMENT GAZETTE
ExtRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday 281~ July, 2008 No.308
The tollowing Act passed by the Sikkirn
Governor on 20lh day of June, 2008 is hereby publis
Date: 24.07.2008No. 22JLD/P/2008
.' alive Assembly and having received the assent of the
for general lnfcrrnatloru-
THE SIKKIM SU~ESSION ACT, 2008
(Act NJf22of 2008)
Aii'!ACT
to provide tor law relatinq \0 successlori to movable and immovahle properties of Sikkimese people.
Be it enacted by the legislature of Sikkim in the Fifty-ninth Year of the Republic of India as follows:-
PRELIMINARY
Stiort title,
extent and
commencement.
1. (1) This Act may be called The Sikkim Successlon Act, 2008.
(2) \.textends to the w, of Sikkim.
(3) It shalt come into' on such date as the State Government may by
Gazette appoint and different dates may be appointed
App!ication
of the Act.
for dilferent provl
2. The Act shalt apply :il
a) anypersonwho :
b) descendents of Si .
SikkimSubject Certificate/Certificateof tdentification(COI):
Subject Certificate holder identified through COI.
Note:- A woman who f married a non- Sikkimese or has acquired foreign
citizenship shall not beeligible toenloy the rights of descendants and heirs held as
descer.dants under II" Act. ;!!

Definitions.
Act not to
apply to certain
personiclass or
community.
lntestete
property.
Devolution of
property.
,~ ~ ,
Nole:- Descenderiis include sons or daughters and their lineal descendents and include
those as specified in Schedule I.
Note:- Descendants include sons or daughters and their lineal descendants and include
those as specified in Schedule t.
3. In this Act. unless the context otherwise requires.-
(a) "Act" means The Sikkim Succession Act, 2008;
(b) "administrator" means a person appointed by competent authority to administer the
estate of a deceased person; ,
(c) "Government' means State Government of Sikkim;
(d) "heir" mean':any person male or female who is entitled to succeed to the property
of an intes "te under this Act:
(e) "intestate'! :ans a person is deemed to die Intestate in respect of property of
which he he has not made testamentary; disposition capable of taking effect;
(f) "minor",.: l'is a person who (has not attained the age of majority) or has not
complet<t, re age of eighteen years;
(g) "probate"! .ans copy of a witl certified under the seat of court of competent
jurisdictioQ' ith a grant of administration to the estate of the testator;
(h) "Sikkimese':,I'means persons belonging to Bhutia, Lepcha and Nepali Community of
Sikkimese.:Origin identified through Sikkim Subject Certificate or Certificate of
ldentllicatfon: ,
(i) "will" me~lJfthe legal declaration of the Intention of a testator with respect to his
property 'riCh he desires to be carried out after his death. i. ,
4. (1) The StateGovernment may by notification in the Official Gaz.ette exempt
the applicablllly of this Act to the members of community or tribe or sect or such
other cat~gory etc. as may be specilied if it is considered expedient to do so,
(2) The State Government may by notification withdraw or revoke such exemption
prospectively. '
PART I
Intestate Succession
is deemed to dle Intestate in respect of all property of which he has
tamentary disposition.
; the intestate has left no widow his property shall go to his lineal
:to those not being lineal descendants according to rules of succession
In after and if he has left none shall go to the next of descendants from
sister if unmarried or abandoned by husband.
and shall have the same right Inrespect of his wife's property, Ifshe dies
,widow has In respect of her husband's property if he dies intestate.
6. (1) a mate Sikkimese who dies after the commencement of this Act having
at the time ot his death an Interest In the property or has a self-acquired property, the
prcperty shall devolve to the extent of his Interest by survivorship upon the surviving
.rnembors olhls family which includes his wife, sons and daughters ifunmarried in equal
proportion: "
Prq~lded that if the deceased has left behind him a surviving female relative
'who claim~lnterest in such property In such cases the property shall devolve to the
extent she,h entitled,
5. (1)
(2)
,, '
i'
,2

Right of child
in womb
Preference
of heir.
Disqualification
of heirs.
Escheet,
Testamentary
succes sioti.
Will obtained by
fraud etc.
(2) If lWO OJ more heirs succeed together to the property of an intestate they shalt
take property per capita and 8S inheriting respective shares in equal
proportion.
(3) The property of an intestate devolves upon the wife or the husband or upon those
who are of the kindred of the deceased as per the Schedule.
(4) Where an Intestate has left a widow without any lineal descendants. the property
shall devolve to the of the descendents of the brolher of the deceased husband
in the manner as in the Schedule.
(5) Where a femal
Sikkim Subject Ce
110irl descendant
or descendant marries a person who does not possess
elCOt or has acquired forE'!ign citizenship, such female
1119personal law of her husband and as such shall not
e property:
(6) ts of a minor die intestate such property shall be looked
after by administrator ~ none of the relatives of the deceased within the eligible. ,category of heir comes forward to look after the property.
(7) Where a per;son has no son, the property will devolve on the daughter,
subject to sUb-~ectio~1(5) of Section 6.
(8) An abandoned or divorced woman having the llability to take care of the
children and has no 'source of income, shall have the right to. a share in equal
proportion along with other heirs to the property of the husband:
Provided that where woman has deserted her husband with or without children and
has remarried shall forfeit her right to her share in the husband's property. However,
the children shall be eligible to their share of property as per the law.
• (9) The properly of an intestate shatl devolve in equal shares among a\l the heirs.
7. Nolwithstanding anything contained in SUb-section (1) 01Seclion 6, a child who was
in the womb at Ihe time at Ihe death of an intestate and who is subsequently born
alive shall have the same rigl1t to succeed to Ihe intestate as If he or she had been
born before the deal\t'0f the intestate.
8. Heir related to an inti ,. tale by ful\ blood shall be preferred to heirs retated by half
blood, if the nature: [elatlonshlp is {he same in olher respect.
9. (1) A person, cornmits murder or abets the commission of murder shatl be
disqualified Irom iri" , lting the property 01the person murdered.
(2) If any per~':' is disqualified lrom inheriting any property under this Act, il
shall devolve as if 5; hperson had died before the intestate .
.!
10. If an intestate has Igf' no heir 10succeed to his or her property in accordance with
the provisions of thiS!Act, such property shall devolve on the Government and the
Government shall t~ke the property subject 10all the obligations and liabilities to
which an heir wouidhave been subject to.
The State Government may, by Notification. make rules for carrying oullhs purposes
of Ihis Act.
PART II
Testamentary succession
11. Every person of soU'Mrj mind not being a minor may dispose 01 his property by Will.. I
.',' .
A Will or any partol a Will, the making of which has been caused by fraud or
12. coercion or importuhity is void. .
3 .~"

Will may be revoked
or altered.
Execution
of Will.
13. A will m3Y be revoked or altered by the maker of it at any time when he is competent
to dispose olliis property by Will.
14. A Will sh
!
G executed according 10 the following rules:-
!i
(a) \" . ,estator shall sign or shall affix his mark to the Will or it shalt be signed
bY~' :;me other person in his presence by his direction.. . .
Tt1e:signature or the mark of the testator or Ihe signalure of Ihe person
signing for him shall be so placed that it shalf appear Ihat il was intended to
give affect to the Will.
(b)
(c) Th~ Will shalf be attested by two or more witnesses.
,~
SCHEDULE
Heirs In Class I
1. Son, daughter, widow, mother, son of predeceased son, daughter of a
predeceased son, widow of a predeceased son.
, Heirs In Class II
i. •'s daughter's son
2. .'s daughter's daughter
3. 'ghter'sson's son
4. sr'sson's daughter
5. ther's son
6.
7.
8, ~3:,~ier'8tir1.U9htt!1
Class II heirs shall come into piny only in Ihe event of Class I heir not
being available.
By Order.
I
R..K PURKAYASTHA (SSJS)
LR-cum-Secretary
Law Department
File No. 16 (82) LD/P/2008
-s.:·~·i(G. '30-8/ Gazette /150 Nos./Dt:- 28.7.2008.
~~l ! ,.';H:

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