Acts › The Indian Succession Act, 1925The Indian Succession Act, 1925 393 sections.
Open in Lexace · Ask the AI 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. 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. 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. 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. Section 29 — Application of Part. Section 30 — As to what property deceased considered to have died intestate. 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. 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. 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. 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. Section 57 — Application of certain provisions of Part to a class of wills made by Hindus, etc. Section 58 — General application of Part. 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. Section 63 — Execution of unprivileged wills. Section 64 — Incorporation of papers by reference. Section 65 — Privileged wills. Section 66 — Mode of making, and rules for executing, privileged wills. 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. 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. 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. 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. Section 122 — Onerous bequests. Section 123 — One of two separate and independent bequests to same person may be accepted, and other refused. 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. 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. 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. Section 141 — Legatee named as executor cannot take unless be shows intention to act as executor. 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. Section 150 — Demonstrative legacy defined. Section 151 — Order of payment when legacy directed to be paid out of fund the subject of specific legacy. 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. Section 171 — Bequest of thing described in general terms. Section 172 — Bequest of interest or produce of fund. 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. 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. 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. Section 191 — Property transferable by gift made in contemplation of death. 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. 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. Section 217 — Application of Part. 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. 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. Section 241 — Administration, with will annexed, to attorney of absent executor. Section 242 — Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer. Section 243 — Administration to attorney of absent person entitled to administer in case of intestacy. Section 244 — Administration during minority of sole executor or residuary legatee. Section 245 — Administration during minority of several executors or residuary legatee. Section 246 — Administration for use and benefit of lunatic or minor. Section 247 — Administration pendente lite. Section 248 — Probate limited to purpose specified in will. Section 249 — Administration, with will annexed, limited to particular purpose. Section 250 — Administration limited to property in which person has beneficial interest. Section 251 — Administration limited to suit. Section 252 — Administration limited to purpose of becoming party to suit to be brought against administrator. Section 253 — Administration limited to collection and preservation of deceased’s property. Section 254 — Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration. Section 255 — Probate or administration, with will annexed, subject to exception. Section 256 — Administration with exception. Section 257 — Probate or administration of rest. Section 258 — Grant of effects unadministered. Section 259 — Rules as to grants of effects unadministered. Section 260 — Administration when limited grant expired and still some part of estate unadministered. 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. 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. Section 303 — Executor of his own wrong. Section 304 — Liability of executor of his own wrong. 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. 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. 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. 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. 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. 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. 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. Section 368 — Liability of executor or administrator for devastation. Section 369 — Liability of executor or administrator for neglect to get any part of property. 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. Section 391 — Saving. Section 392 — [Repealed.]. Lexace India is a legal-information & technology platform — not a law firm. It does not advertise, solicit work, or provide legal advice, and no advocate–client relationship is created. 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