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Indian Succession Act, 1925 Complete Act - Bare Act

StateCentral Government
Year
Act Info:
Preamble1 - INDIAN SUCCESSION ACT, 1925
Part 1
Section1 - Short title
Section2 - Definitions
Section3 - Power of State Government to exempt any race, sect or tribe in the State from operation of Act
Part 2
Section4 - Application of Part
Section5 - Law regulating succession to deceased person's immovable and movable property, respectively
Section6 - One domicile only affects succession to movables
Section7 - Domicile of origin of person of legitimate birth
Section8 - Domicile of origin of illegitimate child
Section9 - Continuance of domicile of origin
Section10 - Acquisition of new domicile
Section11 - Special mode of acquiring domicile in India
Section12 - Domicile not acquired by residence as representative of foreign Government, or as part of his family
Section13 - Continuance of new domicile
Section14 - Minor's domicile
Section15 - Domicile acquired by woman on marriage
Section16 - Wife's domicile during marriage
Section17 - Minor's acquisition of new domicile
Section18 - Lunatic's acquisition of new domicile
Section19 - Succession to movable property in India in absence of proof of domicile elsewhere
Part 3
Section20 - Interests and powers not acquired nor lost by marriage
Section21 - Effect of marriage between person domiciled and one not domiciled in India
Section22 - Settlement of minor's property in contemplation of marriage
Part 4
Section23 - Application of Part
Section24 - Kindred or consanguinity
Section25 - Lineal consanguinity
Section26 - Collateral consanguinity
Section27 - Persons held for purpose of succession to be similarly related to deceased
Section28 - Mode of computing of degrees of kindred
Part 5 Chapter 1
Section29 - Application of Part
Section30 - As to what property deceased considered to have died intestate
Chapter 2
Section31 - Chapter not to apply to Parsis
Section32 - Devolution of such property
Section33 - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
Section33A - Special provision where intestate has left widow and no lineal descendants
Section34 - Where intestate has left no widow, and where he has left no kindred
Section35 - Rights of widower
Section36 - Rules of distribution
Section37 - Where intestate has left child or children only
Section38 - Where intestate has left no child, but grand-child or grand-children
Section39 - Where intestate has left only great-grand-children or remoter lineal descendants
Section40 - 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
Section41 - Rules of distribution where intestate has left no lineal descendants
Section42 - Where intestate's father living
Section43 - Where intestate's father dead, but his mother, brothers and sisters living
Section44 - Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister living
Section45 - Where intestate's father dead and his mother and children of any deceased brother or sister living
Section46 - Where intestate's father dead, but his mother living and no brother, sister, nephew or niece
Section47 - Where intestate has left neither lineal descendant, nor father, nor mother
Section48 - Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
Section49 - Children's advancements not brought into hotchpot
Chapter 3
Section50 - General principles relating to intestate succession
Section51 - Division of intestate's property among widow, widower, children and parents
Section52 - [Repealed]
Section53 - Division of share of predeceased child of intestate leaving lineal descendants
Section54 - Division of property where intestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant
Section55 - Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant
Section56 - Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
Part 6 Chapter 1
Section57 - Application of certain provisions of Part to a class of wills made by Hindus, etc.
Section58 - General application of Part
Chapter 2
Section59 - Person capable of making Wills
Section60 - Testamentary guardian
Section61 - Will obtained by fraud, coercion or importunity
Section62 - Will may be revoked or altered
Chapter 3
Section63 - Execution of unprivileged Wills
Section64 - Incorporation of papers by reference
Chapter 4
Section65 - Privileged Wills
Section66 - Mode of making, and rules for executing, privileged Wills
Chapter 5
Section67 - Effect of gift to attesting witness
Section68 - Witness not disqualified by interest or by being executor
Section69 - Revocation of Will by testator's marriage
Section70 - Revocation of unprivileged Will or codicil
Section71 - Effect of obliteration, interlineation or alteration in unprivileged Will
Section72 - Revocation of privileged Will or codicil
Section73 - Revival of unprivileged Will
Chapter 6
Section74 - Wording of Will
Section75 - Inquiries to determine questions as to object or subject of Will
Section76 - Misnomer or misdescription of object
Section77 - When words may be supplied
Section78 - Rejection of erroneous particulars in description of subject
Section79 - When part of description may not be rejected as erroneous
Section80 - Extrinsic evidence admissible in cases of patent ambiguity
Section81 - Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
Section82 - Meaning or clause to be collected from entire Will
Section83 - When words may be understood in restricted sense, and when in sense wider than usual
Section84 - Which of two possible constructions preferred
Section85 - No part rejected, if it can be reasonably construed
Section86 - Interpretation of words repeated in different parts of Will
Section87 - Testator's intention to be effectuated as far as possible
Section88 - The last of two inconsistent clauses prevails
Section89 - Will or bequest void for uncertainty
Section90 - Words describing subject refer to property answering description at testator's death
Section91 - Power of appointment executed by general bequest
Section92 - Implied gift to objects of power in default of appointment
Section93 - Bequest to "heirs", etc., of particular person without qualifying terms
Section94 - Bequest to "representatives", etc., of particular person
Section95 - Bequest without words of limitation
Section96 - Bequest in alternative
Section97 - Effect of words describing a class added to bequest to person
Section98 - Bequest to class of persons under general description only
Section99 - Construction of terms
Section100 - Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
Section101 - Rules of construction where Will purports to make two bequests to same person
Section102 - Constitution of residuary legatee
Section103 - Property to which residuary legatee entitled
Section104 - Time of vesting legacy in general terms
Section105 - In what case legacy lapses
Section106 - Legacy does not lapse if one of two joint legatees die before testator
Section107 - Effect of words showing testator's intention to give distinct shares
Section108 - When lapsed share goes as undisposed of
Section109 - When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
Section110 - Bequest to A for benefit of B does not lapse by A's death
Section111 - Survivorship in case of bequest to described class
Chapter 7
Section112 - Bequest to person by particular description, who is not in existence at testator's death
Section113 - Bequest to person not in existence at testator's death subject to prior bequest
Section114 - Rule against perpetuity
Section115 - Bequest to a class some of whom may come under rules in sections 113 and 114
Section116 - Bequest to take effect on failure of prior bequest
Section117 - Effect of direction for accumulation
Section118 - Bequest to religious or charitable uses
Chapter 8
Section119 - Date of vesting of legacy when payment or possession postponed
Section120 - Date of vesting when legacy contingent upon specified uncertain event
Section121 - Vesting of interest in bequest to such members of a class as shall have attained particular age
Chapter 9
Section122 - Onerous bequests
Section123 - One of two separate and independent bequests to same person may be accepted, and other refused
Chapter 10
Section124 - Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence
Section125 - Bequest to such of certain persons as shall be surviving at some period not specified
Chapter 11
Section126 - Bequest upon impossible condition
Section127 - Bequest upon illegal or immoral condition
Section128 - Fulfilment of condition precedent to vesting of legacy
Section129 - Bequest to A and on failure of prior bequest to B
Section130 - When second bequest not to take effect on failure of first
Section131 - Bequest over conditional upon happening or not happening of specified uncertain event
Section132 - Condition must be strictly fulfilled
Section133 - Original bequest not affected by invalidity of second
Section134 - Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
Section135 - Such condition must not be invalid under section 120
Section136 - 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
Section137 - Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud
Chapter 12
Section138 - Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person
Section139 - Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee
Section140 - Bequest of fund for certain purposes, some of which cannot be fulfilled
Chapter 13
Section141 - Legatee named as executor cannot take unless he shows intention to act as executor
Chapter 14
Section142 - Specific legacy defined
Section143 - Bequest of certain sum where stocks, etc., in which invested are described
Section144 - Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind
Section145 - Bequest of money where not payable until part of testator's property disposed of in certain way
Section146 - When enumerated articles not deemed specifically bequeathed
Section147 - Retention, in form, of specific bequest to several persons in succession
Section148 - Sale and investment of proceeds of property bequeathed to two or more persons in succession
Section149 - Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies
Chapter 15
Section150 - Demonstrative legacy defined
Section151 - Order of payment when legacy directed to be paid out of fund the subject of specific legacy
Chapter 16
Section152 - Ademption explained
Section153 - Non-ademption of demonstrative legacy
Section154 - Ademption of specific bequest of right to receive something from third party
Section155 - Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed
Section156 - Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed
Section157 - 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
Section158 - Ademption where stock, specifically bequeathed, does not exist at testator's death
Section159 - Ademption pro tanto where stock specifically bequeathed, exists in part only at testator's death
Section160 - Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal
Section161 - When removal of thing bequeathed does not constitute ademption
Section162 - When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it
Section163 - Change by operation of law of subject of specific bequest between date of will and testator's death
Section164 - Change of subject without testator's knowledge
Section165 - Stock specifically bequeathed lent to third party on condition that it be replaced
Section166 - Stock specifically bequeathed sold but replaced, and belonging to testator at his death
Chapter 17
Section167 - Non-liability of executor to exonerate specific legatees
Section168 - Completion of testator's title to things bequeathed to be at cost of his estate
Section169 - Exoneration of legatee's immovable property for which land-revenue or rent payable periodically
Section170 - Exoneration of specific legatee's stock in joint stock company
Chapter 18
Section171 - Bequest of thing described in general terms
Chapter 19
Section172 - Bequest of interest or produce of fund
Chapter 20
Section173 - Annuity created by Will payable for life only unless contrary intention appears Will
Section174 - 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
Section175 - Abatement of annuity
Section176 - Where gift of annuity and residuary gift, whole annuity to be first satisfied
Chapter 21
Section177 - Creditor prima facie entitled to legacy as well as debt
Section178 - Child prima facie entitled to legacy as well as portion
Section179 - No ademption by subsequent provision for legatee
Chapter 22
Section180 - Circumstances in which election takes place
Section181 - Devolution of interest relinquished by owner
Section182 - Testator's belief as to his ownership immaterial
Section183 - Bequest for man's benefit how regarded for purpose of election
Section184 - Person deriving benefit indirectly not put to election
Section185 - Person taking in individual capacity under Will may in other character elect to take in opposition
Section186 - Exception to provisions of last six sections
Section187 - When acceptance of benefit given by Will constitutes election to take under Will
Section188 - Circumstances in which knowledge or waiver is presumed or inferred
Section189 - When testator's representatives may call upon legatee to elect
Section190 - Postponement of election in case of disability
Chapter 23
Section191 - Property transferable by gift made in contemplation of death
Part 7
Section192 - Person claiming right by succession to property of deceased may apply for relief against wrongful possession
Section193 - Inquiry made by judge
Section194 - Procedure
Section195 - Appointment of curator pending determination of proceeding
Section196 - Powers conferrable on curator
Section197 - Prohibition of exercise of certain powers by curators
Section198 - Curator to give security and may receive remuneration
Section199 - Report from Collector where estate includes revenue-paying land
Section200 - Institution and defence of suit
Section201 - Allowances to apparent owners pending custody by curator
Section202 - Accounts to be filed by curator
Section203 - Inspection of accounts and right of interested party to keep duplicate
Section204 - Bar to appointment of second curator for same property
Section205 - Limitation of time for application for curator
Section206 - Bar to enforcement of Part against public settlement or legal directions by deceased
Section207 - Court of Wards to be made curator in case of minors having property subject to its jurisdiction
Section208 - Saving of right to bring suit
Section209 - Effect of decision of summary proceeding
Section210 - Appointment of public curators
Part 8
Section211 - Character and property of executor or administrator as such
Section212 - Right to intestate's property
Section213 - Right as executor or legatee when established
Section214 - Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons
Section215 - Effect on certificate of subsequent probate or letters of administration
Section216 - Grantee of probate or administration alone to sue, etc., until same revoked
Part 9
Section217 - Application of Part
Chapter 1
Section218 - To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
Section219 - Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
Section220 - Effect of letters of administration
Section221 - Acts not validated by administration
Section222 - Probate only to appointed executor
Section223 - Persons to whom probate cannot be granted
Section224 - Grant of probate to several executors simultaneously or at different times
Section225 - Separate probate of codicil discovered after grant of probate
Section226 - Accrual of representation to surviving executor
Section227 - Effect of probate
Section228 - Administration, with copy annexed, of authenticated copy of Will proved abroad
Section229 - Grant of administration where executor has not renounced
Section230 - Form and effect of renunciation of executorship
Section231 - Procedure where executor renounces or fails to accept within time limited
Section232 - Grant of administration of universal or residuary legatees
Section233 - Right to administration of representative of deceased residuary legatees
Section234 - Grant of administration where no executor, nor residuary legatee, nor representative of such legatee
Section235 - Citation before grant of administration to legatee other than universal or residuary
Section236 - To whom administration may not be granted
Section236A - Laying of rules before State Legislature
Chapter 2
Section237 - Probate of copy or draft of lost Will
Section238 - Probate of contents of lost or destroyed Will
Section239 - Probate of copy where original exists
Section240 - Administration until Will produced
Section241 - Administration, with Will annexed, to attorney of absent executor
Section242 - Administration, with Will annexed, to attorney of absent person who, if present, would be entitled to administer
Section243 - Administration, to attorney of absent person entitled to administer in case of intestacy
Section244 - Administration, during minority of sole executor or residuary legatee
Section245 - Administration, during minority of several executors or residuary legatees
Section246 - Administration, for use and benefit of lunatic or minor
Section247 - Administration, pendente lite
Section248 - Probate limited to purpose specified in Will
Section249 - Administration, with Will annexed, limited to particular purpose
Section250 - Administration, limited to property in which person has beneficial interest
Section251 - Administration limited to suit
Section252 - Administration limited to purpose of becoming party to suit to be brought against administrator
Section253 - Administration limited to collection and preservation of deceased's property
Section254 - Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
Section255 - Probate or administration, with Will annexed, subject to exception
Section256 - Administration with exception
Section257 - Grants of the rest : Probate or administration of rest
Section258 - Grant of effects unadministered
Section259 - Rules as to grants of effects unadministered
Section260 - Administration when limited grant expired and still some part of estate unadministered
Chapter 3
Section261 - What errors may be rectified by Court
Section262 - Procedure where codicil discovered after grant of administration with Will annexed
Section263 - Revocation or annulment for just cause
Chapter 4
Section264 - Jurisdiction of District Judge in granting and revoking probates, etc.
Section265 - Power to appoint Delegate of District Judge to deal with non-contentious cases
Section266 - District Judge's powers as to grant of probate and administration
Section267 - District Judge may order person to produce testamentary papers
Section268 - Proceedings of District Judge's Court in relation to probate and administration
Section269 - When and how District Judge to interfere for protection of property
Section270 - When probate or administration may be granted by District Judge
Section271 - Disposal of application made to Judge of district in which deceased had no fixed abode
Section272 - Probate and letters of administration may be granted by Delegate
Section273 - Conclusiveness of probate or letters of administration
Section274 - Transmission to High Courts of certificate of grants under proviso to section 273
Section275 - Conclusiveness of application for probate or administration if properly made and verified
Section276 - Petition for probate
Section277 - In what cases translation of Will to be annexed to petition. Verification of translation by person other than Court translator
Section278 - Petition for letters of administration
Section279 - Addition to statement in petition, etc., for probate or letters of administration in certain cases
Section280 - Petition for probate, etc., to be signed and verified
Section281 - Verification of petition for probate, by one witness to Will
Section282 - Punishment for false averment in petition or declaration
Section283 - Powers of District Judge
Section284 - Caveats against grant of probate or administration
Section285 - After entry of caveat, no proceeding taken on petition until after notice to caveator
Section286 - District Delegate when not to grant probate or administration
Section287 - Power to transmit statement to District Judge in doubtful cases where no contention
Section288 - Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court
Section289 - Grant of probate to be under seal of Court
Section290 - Grant of letters of administration to be under seal of Court
Section291 - Administration bond
Section292 - Assignment of administration-bond
Section293 - Time for grant of probate and administration
Section294 - Filing of original Wills of which probate or administration with Will annexed granted
Section295 - Procedure in contentious cases
Section296 - Surrender of revoked probate or letters of administration
Section297 - Payment to executor or administrator before probate or administration revoked
Section298 - Power to refuse letters of administration
Section299 - Appeals from orders of District Judge
Section300 - Concurrent jurisdiction of High Court
Section301 - Removal of executor or administrator and provision for successor
Section302 - Directions to executor or administrator
Chapter 5
Section303 - Executor of his own wrong
Section304 - Liability of executor of his own wrong
Chapter 6
Section305 - In respect of causes of action surviving deceased and debts due at death
Section306 - Demands and rights of action of or against deceased survive to and against executor or administrator
Section307 - Power of executor or administrator to dispose of property
Section308 - General powers of administration
Section309 - Commission or agency charges
Section310 - Purchase by executor or administrator of deceased's property
Section311 - Powers of several executors or administrators exercisable by one
Section312 - Survival of powers on death of one of several executors or administrators
Section313 - Powers of administrator of effects unadministered
Section314 - Powers of administrator during minority
Section315 - Powers of married executrix or administratrix
Chapter 7
Section316 - As to deceased's funeral
Section317 - Inventory and account
Section318 - Inventory to include property in any part of India in certain cases
Section319 - As to property of, and debts owing to, deceased
Section320 - Expenses to be paid before all debts
Section321 - Expenses to be paid next after such expenses
Section322 - Wages for certain services to be next paid, and then other debts
Section323 - Save as aforesaid, all debts to be paid equally and rateably
Section324 - Application of movable property to payment of debts where domicile not in India
Section325 - Debts to be paid before legacies
Section326 - Executor or administrator not bound to pay legacies without indemnity
Section327 - Abatement of general legacies
Section328 - Non-abatement of specific legacy when assets sufficient to pay debts
Section329 - Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
Section330 - Rateable abatement of specific legacies
Section331 - Legacies treated as general for purpose of abatement
Chapter 8
Section332 - Assent necessary to complete legatee's title
Section333 - Effect of executor's assent to specific legacy
Section334 - Conditional assent
Section335 - Assent of executor to his own legacy
Section336 - Effect of executor's assent
Section337 - Executor when to deliver legacies
Chapter 9
Section338 - Commencement of annuity when no time fixed by Will
Section339 - When annuity, to be paid quarterly or monthly, first falls due
Section340 - 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 10
Section341 - Investment of sum bequeathed, where legacy, not specific given for life
Section342 - Investment of general legacy, to be paid at future time, disposal of intermediate interest
Section343 - Procedure when no fund charged with, or appropriated to annuity
Section344 - Transfer to residuary legatee of contingent bequest
Section345 - Investment of residue bequeathed for life, without direction to invest in particular securities
Section346 - Investment of residue bequeathed for life, with direction to invest in specified securities
Section347 - Time and manner of conversion and Investment
Section348 - Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf
Chapter 11
Section349 - Legatee's title to produce of specific legacy
Section350 - Residuary legatee's title to produce of residuary fund
Section351 - Interest when no time fixed for payment of general legacy
Section352 - Interest when time fixed
Section353 - Rate of interest
Section354 - No interest on arrears of annuity within first year after testator's death
Section355 - Interest on sum to be invested to produce annuity
Chapter 12
Section356 - Refund of legacy paid under Court's orders
Section357 - No refund if paid voluntarily
Section358 - Refund when legacy has become due on performance of condition within further time allowed under section 137
Section359 - When each legatee compellable to refund in proportion
Section360 - Distribution of assets
Section361 - Creditor may call upon legatee to refund
Section362 - When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
Section363 - When unsatisfied legatee must first proceed against executor, if solvent
Section364 - Limit to refunding of one legatee to another
Section365 - Refunding to be without interest
Section366 - Residue after usual payments to be paid to residuary legatee
Section367 - Transfer of assets from India to executor or administrator in country of domicile for distribution
Chapter 13
Section368 - Liability of executor or administrator for devastation
Section369 - Liability of executor or administrator for neglect to get any part of property
Part 10
Section370 - Restriction on grant of certificates under this Part
Section371 - Court having jurisdiction to grant certificate
Section372 - Application for certificate
Section373 - Procedure on application
Section374 - Contents of certificate
Section375 - Requisition of security from grantee of certificate
Section376 - Extension of certificate
Section377 - Forms of certificate and extended certificate
Section378 - Amendment of certificate in respect of powers as to securities
Section379 - Mode of collecting court-fees on certificates
Section380 - Local extent of certificate
Section381 - Effect of certificate
Section382 - Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases
Section383 - Revocation of certificate
Section384 - Appeal
Section385 - Effect on certificate of previous certificate, probate or letters of administration
Section386 - Validation of certain payments made in good faith to holder of invalid certificate
Section387 - Effect of decisions under this Act, and liability of holder of certificate thereunder
Section388 - Investiture of inferior courts with jurisdiction of District Court for purposes of this Act
Section389 - Surrender of superseded and invalid certificates
Section390 - Provisions with respect to certificates under Bombay Regulation VIII of 1827
Part 11
Section391 - Saving
Section392 - Repeals
Schedule1 - SCHEDULE 1
Schedule2 - SCHEDULE 2
Schedule3 - SCHEDULE 3
Schedule4 - SCHEDULE 4
Schedule5 - SCHEDULE 5
Schedule6 - SCHEDULE 6
Schedule7 - SCHEDULE 7
Schedule8 - SCHEDULE 8
Schedule9 - SCHEDULE 9


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