• Indian Succession Act, 1925- Bare Act

  • Indian Succession Act, 1925

    PART I: PRELIMINARY

    PART II: OF DOMICILE

    • 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-15: Domicile acquired by woman on marriage
    • Section-16: Wife's domicile during marriage
    • Section-19: Succession to moveable property in India in absence of proof of domicile elsewhere 

    PART III: MARRIAGE

    • Section-20: Interests and powers not acquired not 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

    PART IV: OF CONSANGUINITY

    PART V: INTESTATE SUCCESSION

    CHAPTER I: Preliminary

    • Section-30: As to what property deceased considered to have died intestate

    CHAPTER II: Rules in cases of Intestates other than 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

     PART VI: TESTAMENTARY SUCCESSION

    CHAPTER I: Introductory

    • 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

    CHAPTER III: Of the Execution of unprivileged Wills

    CHAPTER IV: Of Privileged Wills

    • 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-68.Witness not disqualified by interest or by being executor
    • Section-69: Revocation of will by testator's marriage
    • Section-71: Effect of obliteration, interlineation or alteration in unprivileged will

    CHAPTER VI: Of the construction of Wills

    • Section-74: Wording of will
    • Section-75: Inquiries to determine questions as to object or subject of will
    • Section-76: Misnomer or mi-description 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 of 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 can be it 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

    PART VIII: REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION

    • Section-213: Right as executor or legatee when established.-

    PART IX: 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 whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, 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 executor-ship
    • 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

    CHAPTER II: Of Limited Grants

    Grants limited in duration

    • Section-237: Probate of copy or draft of lost will
    • Section-238: Probate of contents of lost or 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 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 legatees
    • 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 un-administered
    • Section-259: Rules as to grants of effects un-administered
    • Section-260: Administration when limited grant expired and still some part of estate un-administered

    CHAPTER III: Alteration and Revocation of Grants

    • 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, or 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 ith 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 dministration 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

    PART X: SUCCESSION CERTIFICATES

    • 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 8 of 1827

    SCHEDULE I

    SCHEDULE II

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