Indian Succession Act, 1925- Bare Act

Indian Succession Act, 1925: Bare Act

Indian Succession Act, 1925

PART I: PRELIMINARY

Section-2: Definitions

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

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

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

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: 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

Kindly CLICK HERE, call our helpline at (+91) 98-712-712-05, or e-mail us at hellocounsel@gmail.com if you wish to talk to a lawyer or are facing any other Legal Issue and want to have Legal Consultations with the empaneled Lawyers at Hello Counsel.

Need A Lawyer? We Can Get You One.

Fill This Form If You Wish To Hire A Lawyer
Know More

Fill This Form If You Wish To Retain A Lawyer
Know More

Indian Succession Act, 1925: Bare Act

Need A Lawyer? We Can Get You One.

Like us? Leave us a review.