The Indian Succession Act, 1925

Sections

1. 0Section 0
2. XIII — .— Of the Liability of an Executor or Administrator for Devastation
3. 1Nothing therein contained shall authorise a testator to bequeath property which he could not have al
4. 2Definitions
5. 3Nothing therein contained shall affect any law of adoption or intestate succession,
6. IV — .— Of the Practice in granting and revoking Probates and
7. 4Application of Part
8. 5Law regulating succession to deceased person's immoveable and moveable property, respectively
9. IV — .— Of the Practice in granting and revoking Probates and Letters of Administration
10. 615th August, 1947
11. IV — .— Of the Practice in granting and revoking Probates and
12. 7Domicile of origin of person of legitimate birth
13. XIII — .— Of the Liability of an Executor or Administrator for Devastation
14. 8Subs. by Act 1957, s. 2 for s. 382
15. IV — .— Of the Practice in granting and revoking Probates and
16. 9Continuance of domicile of origin
17. 10Acquisition of new domicile
18. 11Special mode of acquiring domicile in India
19. 12Domicile not acquired by residence as representative of foreign Government, or as part of his family
20. 13Continuance of new domicile
21. 14Minor's domicile
22. 15Domicile acquired by woman on marriage
23. 16Wife's domicile during marriage
24. 17Minor's acquisition of new domicile
25. 18Lunatic's acquisition of new domicile
26. 19Succession to moveable property in India in absence of proof of domicile elsewhere
27. 20Interests and powers not acquired nor lost by marriage
28. 21Effect of marriage between person domiciled and one not domiciled in India
29. 22Settlement of minor's property in contemplation of marriage
30. 23Application of Part
31. 24Kindred or consanguinity
32. 25Lineal consanguinity
33. 26Collateral consanguinity
34. 27Persons held for purpose of succession to be similarly related to deceased
35. 28Mode of computing of degrees of kindred
36. I — .—Preliminary
37. 29Application of Part
38. 30As to what property deceased considered to have died intestate
39. 31Chapter not to apply to Parsis
40. 32Devolution of such property
41. 33Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
42. 33ASpecial provision where intestate has left widow and no lineal descendants
43. 34Where intestate has left no widow, and where he has left no kindred
44. 35Rights of widower
45. 36Rules of distribution
46. 37Where intestate has left child or children only
47. 38Where intestate has left no child, but grandchild or grandchildren
48. 39Where intestate has left only great-grandchildren or remoter lineal descendants
49. 40Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead
50. 41Rules of distribution where intestate has left no lineal descendants
51. 42Where intestate's father living
52. 43Where intestate's father dead, but his mother, brothers and sisters living
53. 44Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
54. 45Where intestate's father dead and his mother and children of any deceased brother or sister living
55. 46Where intestate's father dead, but his mother living and no brother, sister, nephew or niece
56. 47Where intestate has left neither lineal descendant, nor father, nor mother
57. 48Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
58. 49Children's advancements not brought into hotchpot
59. III — .— Special Rules for Parsi Intestates
60. 50General principles relating to intestate succession
61. 51Division of intestate's property among widow, widower, children and parents
62. 53Division of share of predeceased child of intestate leaving lineal descendants
63. 54Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant
64. 55Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant
65. 56Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
66. I — .— Introductory
67. 57Application of certain provisions of Part to a class of wills made by Hindus, etc
68. 58General application of Part
69. II — — Of Wills and Codicils
70. 59Person capable of making wills
71. 60Testamentary guardian
72. 61Will obtained by fraud, coercion or importunity
73. 62Will may be revoked or altered
74. III — .— Of the Execution of unprivileged Wills
75. 63Execution of unprivileged wills
76. 64Incorporation of papers by reference
77. IV — .— Of privileged Wills
78. 65Privileged wills
79. 66Mode of making, and rules for executing, privileged wills
80. V — .— Of the Attestation, Revocation, Alteration and Revival of Wills
81. 67Effect of gift to attesting witness
82. 68Witness not disqualified by interest or by being executor
83. 69Revocation of will by testator's marriage
84. 70Revocation of unprivileged will or codicil
85. 71Effect of obliteration, interlineation or alteration in unprivileged will
86. 72Revocation of privileged will or codicil
87. 73Revival of unprivileged will
88. VI — .— Of the construction of Wills
89. 74Wording of wills
90. 75Inquiries to determine questions as to object or subject of will
91. 76Misnomer or misdescription of object
92. 77When words may be supplied
93. 78Rejection of erroneous particulars in description of subject
94. 79When part of description may not be rejected as erroneous
95. 80Extrinsic evidence admissible in cases of patent ambiguity
96. 81Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
97. 82Meaning or clause to be collected from entire Will
98. 83When words may be understood in restricted sense, and when in sense wider than usual
99. 84Which of two possible constructions preferred
100. 85No part rejected, if it can be reasonably construed
101. 86Interpretation of words repeated in different parts of will
102. 87Testator's intention to be effectuated as far as possible
103. 88The last of two inconsistent clauses prevails
104. 89Will or bequest void for uncertainty
105. 90Words describing subject refer to property answering description at testator's death
106. 91Power of appointment executed by general bequest
107. 92Implied gift to objects of power in default of appointment
108. 93Bequest to "heirs," etc., of particular person without qualifying terms
109. 94Bequest to "representatives", etc., of particular person
110. 95Bequest without words of limitation
111. 96Bequest in alternative
112. 97Effect of words describing a class added to bequest to person
113. 98Bequest to class of persons under general description only
114. 99Construction of terms
115. 100Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
116. 101Rules of construction where will purports to make two bequests to same person
117. 102Constitution of residuary legatee
118. 103Property to which residuary legatee entitled
119. 104Time of vesting legacy in general terms
120. 105In what case legacy lapses
121. 106Legacy does not lapse if one of two joint legatees die before testator
122. 107Effect of words showing testator's intention to give distinct shares
123. 108When lapsed share goes as undisposed of
124. 109When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
125. 110Bequest to A for benefit of B does not lapse by A's death
126. 111Survivorship in case of bequest to described class
127. VII — .— Of void Bequests
128. 112Bequest to person by particular description, who is not in existence at testator's death
129. 113Bequest to person not in existence at testator's death subject to prior bequest
130. 114Rule against perpetuity
131. 115Bequest to a class some of whom may come under rules in sections 113 and 114
132. 116Bequest to take effect on failure of prior bequest
133. 117Effect of direction for accumulation
134. 118Bequest to religious or charitable uses
135. VIII — .— Of the vesting of Legacies
136. 119Date of vesting of legacy when payment or possession postponed
137. 120Date of vesting when legacy contingent upon specified uncertain event
138. 121Vesting of interest in bequest to such members of a class as shall have attained particular age
139. IX — .— Of Onerous Bequests
140. 122Onerous bequests
141. 123One of two separate and independent bequests to same person may be accepted, and other refused
142. X — .— Of Contingent Bequests
143. 124Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence
144. 125Bequest to such of certain persons as shall be surviving at some period not specified
145. XI — .— Of Conditional Bequests
146. 126Bequest upon impossible condition
147. 127Bequest upon illegal or immoral condition
148. 128Fulfilment of condition precedent to vesting of legacy
149. 129Bequest to A and on failure of prior bequest to B
150. 130When second bequest not to take effect on failure of first
151. 131Bequest over, conditional upon happening or not happening of specified uncertain event
152. 132Condition must be strictly fulfilled
153. 133Original bequest not affected by invalidity of second
154. 134Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
155. 135Such condition must not be invalid under section 120
156. 136Section 136
157. 137Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud
158. XII — .— Of Bequests with Directions as to Application or Enjoyment
159. 138Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person
160. 139Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee
161. 140Bequest of fund for certain purposes, some of which cannot be fulfilled
162. XIII — .— Of Bequests to an Executor
163. 141Legatee named as executor cannot take unless be shows intention to act as executor
164. XIV — .—Of Specific Legacies
165. 142Specific legacy defined
166. 143Bequest of certain sum where stocks, etc., in which invested are described
167. 144Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind
168. 145Bequest of money where not payable until part of testator's property disposed of in certain way
169. 146When enumerated articles not deemed specifically bequeathed
170. 147Retention, in form, of specific bequest to several persons in succession
171. 148Sale and investment of proceeds of property bequeathed to two or more persons in succession
172. 149Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies
173. XV — .— Of Demonstrative Legacies
174. 150Demonstrative legacy defined
175. 151Order of payment when legacy directed to be paid out of fund the subject of specific legacy
176. XVI — .— Of Ademption of Legacies
177. 152Ademption explained
178. 153Non-ademption of demonstrative legacy
179. 154Ademption of specific bequest of right to receive something from third party
180. 155Ademption
181. 156Ademption
182. 157Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on
183. 158Ademption where stock, specifically bequeathed, does not exist at testator's death
184. 159Ademption
185. 160Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal
186. 161When removal of thing bequeathed does not constitute ademption
187. 162When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it
188. 163Change by operation of law of subject of specific bequest between date of will and testator's death
189. 164Change of subject without testator's knowledge
190. 165Stock specifically bequeathed lent to third party on condition that it be replaced
191. 166Stock specifically bequeathed sold but replaced, and belonging to testator at his death
192. XVII — — Of the payment of liabilities in respect of the subject of a bequest.
193. 167Non-liability of executor to exonerate specific legatees
194. 168Completion of testator's title to things bequeathed to be at cost of his estate
195. 169Exoneration of legatee's immoveable property for which land-revenue or rent payable periodically
196. 170Exoneration of specific legatee's stock in joint-stock company
197. XVIII — .— Of Bequests of Things described in General Terms
198. 171Bequest of thing described in general terms
199. XIX — .— Of Bequests of the Interest or Produce of a Fund
200. 172Bequest of interest or produce of fund
201. XX — .— Of Bequests of Annuities
202. 173Annuity created by will payable for life only unless contrary intention appears by will
203. 174Section 174
204. 175Abatement of annuity
205. 176Where gift of annuity and residuary gift, whole annuity to be first satisfied
206. XXI — .— Of Legacies to creditors and Portioners
207. 177Creditor
208. 178Child
209. 179No ademption by-subsequent provision for legatee
210. 180Circumstances in which election takes place
211. 181Devolution of interest relinquished by owner
212. 182Testator's belief as to his ownership immaterial
213. 183Bequest for man's benefit how regarded for purpose of election
214. 184Person deriving benefit indirectly not put to election
215. 185Person taking in individual capacity under will may In other character elect to take in opposition
216. 186Exception to provisions of last six sections
217. 187When acceptance of benefit given by will constitutes election to take under will
218. 188Circumstances in which knowledge or waiver is presumed or inferred
219. 189When testator's representatives may call upon legatee to elect
220. 190Postponement of election in case of disability
221. XXIII — .— Of Gifts in Contemplation of Death
222. 191Property transferable by gift made in contemplation of death
223. 192Person claiming right by succession to property of deceased may apply for relief against wrongful possession
224. 193Inquiry made by Judge
225. 194Procedure
226. 195Appointment of curator pending determination of proceeding
227. 196Powers conferrable on curator
228. 197Prohibition of exercise of certain powers by curators
229. 198Curator to give security and may receive remuneration
230. 199Report from Collector where estate includes revenue paying land
231. 200Institution and defence of suits
232. 201Allowances to apparent owners pending custody by curator
233. 202Accounts to be filed by curator
234. 203Inspection of accounts and right of interested party to keep duplicate
235. 204Bar to appointment of second curator for same property
236. 205Limitation of time for application for curator
237. 206Bar to enforcement of Part against public settlement or legal directions by deceased
238. 207Court of Wards to be made curator in case of minors having property subject to its jurisdiction
239. 208Saving of right to bring suit
240. 209Effect of decision of summary proceeding
241. 210Appointment of public curators
242. 211Character and property of executor or administrator as such
243. 212Right to intestate's property
244. 214Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons
245. 215Effection certificate of subsequent probate or letters of administration
246. 216Grantee of probate or administration alone to sue, etc., until same revoked
247. 217Application of Part
248. I — .— Of Grant of Probate and Letters of Administration
249. 218To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person
250. 219Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
251. 220Effect of letters of administration
252. 221Acts not validated by administration
253. 222Probate only to appointed executor
254. 223Persons to whom probate cannot be granted
255. 224Grant of probate to several executors simultaneously or at different times
256. 225Separate probate of codicil discovered after grant of probate
257. 226Accrual of representation to surviving executor
258. 227Effect of probate
259. 228Administration, with copy annexed, of authenticated copy of will proved abroad
260. 229Grant of administration where executor has not renounced
261. 230Form and effect of renunciation of executorship
262. 231Procedure where executor renounces or fails to accept within time limited
263. 232Grant of administration to universal or residuary legatees
264. 233Right to administration of representative of deceased residuary legatee
265. 234Grant of administration where no executor, nor residuary legatee nor representative of such legatee
266. 235Citation before grant of administration to legatee other than universal or residuary
267. 236To whom administration may not be granted
268. 236ALaying of rules before State Legislature
269. II — — Of Limited Grants Grants limited in duration
270. 237Probate of copy or draft of lost will
271. 238Probate of contents or lost of destroyed will
272. 239Probate of copy where original exists
273. 240Administration until will produced
274. 241Administration, with will annexed, to attorney of absent executor
275. 242Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer
276. 243Administration to attorney of absent person entitled to administer in case of intestacy
277. 244Administration during minority of sole executor or residuary legatee
278. 245Administration during minority of several executors or residuary legatee
279. 246Administration for use and benefit of lunatic or minor
280. 247Administration
281. 248Probate limited to purpose specified in will
282. 249Administration, with will annexed, limited to particular purpose
283. 250Administration limited to property in which person has beneficial interest
284. 251Administration limited to suit
285. 252Administration limited to purpose of becoming party to suit to be brought against administrator
286. 253Administration limited to collection and preservation of deceased's property
287. 254Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
288. 255Probate or administration, with will annexed, subject to exception
289. 256Administration with exception
290. 257Probate or administration of rest
291. 258Grant of effects unadministered
292. 259Rules as to grants of effects unadministered
293. 260Administration when limited grant expired and still some part of estate unadministered
294. III — .— Alteration and Revocation of Grants
295. 261What errors may be rectified by Court
296. 262Procedure where codicil discovered after grant of administration with will annexed
297. 263Revocation or annulment for just cause
298. IV — .— Of the Practice in granting and revoking Probates and Letters of Administration
299. 264Jurisdiction of District Judge in granting and revoking probates, etc
300. 265Power to appoint delegate of District Judge to deal with non-contentious cases
301. 266District Judge's powers as to grant of probate and administration
302. 267District Judge may order person to produce testamentary papers
303. 268Proceedings of District Judge's Court in relation to probate and administration
304. 269When and how District Judge to interfere for protection of property
305. 270When probate or administration may be granted by District Judge
306. 271Disposal of application made to Judge of district in which deceased had no fixed abode
307. 272Probate and letters of administration may be granted by Delegate
308. 273Conclusiveness of probate or letters of administration
309. 274Transmission to High Courts of certificate of grants under proviso to section 273
310. 275Conclusiveness of application for probate or administration if properly made and verified
311. 276Petition for probate
312. 277In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
313. 278Petition for letters of administration
314. 279Addition to statement in petition, etc., for probate or letters of administration in certain cases
315. 280Petition for probate, etc., to be signed and verified
316. 281Verification of petition for probate, by one witness to will
317. 282Punishment for false averment in petition or declaration
318. 283Powers of District Judge
319. 284Caveats against grant of probate or administration
320. 285After entry of caveat, no proceeding taken on petition until after notice to caveator
321. 286District Delegate when not to grant probate or administration
322. 287Power to transmit statement to District Judge in doubtful cases where no contention
323. 288Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court
324. 289Grant of probate to be under seal of Court
325. 290Grant of letters of administration to be under seal of Court
326. 291Administration-bond
327. 292Assignment of administration-bond
328. 293Time for grant of probate and administration
329. 294Filing of original wills of which probate or administration with will annexed granted
330. 295Procedure in contentious cases
331. 296Surrender of revoked probate or letters of administration
332. 297Payment to executor or administrator before probate or administration revoked
333. 298Power to refuse letters of administration
334. 299Appeals from orders of District Judge
335. 300Concurrent jurisdiction of High Court
336. 301Removal of executor or administrator and provision for successor
337. 302Directions to executor or administrator
338. V — .— Of Executors of their own Wrong
339. 303Executor of his own wrong
340. 304Liability of executor of his own wrong
341. VI — .— Of the Powers of an Executor or Administrator
342. 305In respect of causes of action surviving deceased and debts due at death
343. 306Demands and rights of action of or against deceased survive to and against executor or administrator
344. 307Power of executor or administrator to dispose of property
345. 308General powers of administration
346. 309Commission or agency charges
347. 310Purchase by executor or administrator of deceased's property
348. 311Powers of several executors or administrators exercisable by one
349. 312Survival of powers on death of one of several executors or administrators
350. 313Powers of administrator of effects unadministered
351. 314Powers of administrator during minority
352. 315Powers of married executrix or administratrix
353. VII — . — Of the Duties of an Executor or Administrator
354. 316As to deceased's funeral
355. 317Inventory and account
356. 318Inventory to include property in any part of India in certain cases
357. 319As to property of, and debts owing to, deceased
358. 320Expenses to be paid before all debts
359. 321Expenses to be paid next after such expenses
360. 322Wages for certain services to be next paid, and then other debts
361. 323Save as aforesaid, all debts to be paid equally and rateably
362. 324Application of moveable property to payment of debts where domicile not in India
363. 325Debts to be paid before legacies
364. 326Executor or administrator not bound to pay legacies without indemnity
365. 327Abatement of general legacies
366. 328Non-abatement of specific legacy when assets sufficient to pay debts
367. 329Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
368. 330Rateable abatement of specific legacies
369. 331Legacies treated as general for purpose of abatement
370. VIII — .— Of assent to a legacy by Executor or Administrator
371. 332Assent necessary to complete legatee's title
372. 333Effect of executor's assent to specific legacy
373. 334Conditional assent
374. 335Assent of executor to his own legacy
375. 336Effect of executor's assent
376. 337Executor when to deliver legacies
377. IX — ,— Of the Payment and Apportionment of Annuities
378. 338Commencement of annuity when no time fixed by will
379. 339When annuity, to be paid quarterly or monthly, first falls due
380. 340Dates 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
381. X — .— Of the Investment of Funds to Provide for Legacies
382. 341Investment of sum bequeathed, where legacy, not specific, given for life
383. 342Investment of general legacy, to be paid at future time: disposal of intermediate, interest
384. 343Procedure when no fund charged with, or appropriated to, annuity
385. 344Transfer to residuary legatee of contingent bequest
386. 345Investment of residue bequeathed for life, without direction to invest in particular securities
387. 346Investment of residue bequeathed for life, with direction to invest in specified securities
388. 347Time and manner of conversion and investment
389. 348Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf
390. XL — .— Of the Produce and Interest of Legacies
391. 349Legatee's title to produce of specific legacy
392. 350Residuary legatee's title to produce of residuary fund
393. 351Interest when no time fixed for payment of general legacy
394. 352Interest when time fixed
395. 353Rate of interest
396. 354No interest on arrears of annuity within first year after testator's death
397. 355Interest on sum to be invested produce annuity
398. XII — .— Of the Refunding of Legacies
399. 356Refund of legacy paid under Court's orders
400. 357No refund if paid voluntarily
401. 358Refund when legacy has become due on performance of condition within further time allowed under section 137
402. 359When each legatee compellable to refund in proportion
403. 360Distribution of assets
404. 361Creditor may call upon legatee to refund
405. 362When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
406. 363When unsatisfied legatee must first proceed against executor, if solvent
407. 364Limit to refunding of one legatee to another
408. 365Refunding to be without interest
409. 366Residue after usual payments to be paid to residuary legatee
410. 367Transfer of assets from India to executor or administrator in country of domicile for distribution
411. XIII — .— Of the Liability of an Executor or Administrator for Devastation
412. 368Liability of executor or administrator for devastation
413. 369Liability of executor or administrator for neglect to get any part of property
414. 370Restriction on grant of certificates under this part
415. 371Court having jurisdiction to grant certificate
416. 372Application for certificate
417. 373Procedure on application
418. 374Contents of certificate
419. 375Requisition of security from grantee of certificate
420. 376Extension of certificate
421. 377Forms of certificate and extended certificate
422. 378Amendment of certificate in respect of powers as to securities
423. 379Mode of collecting court-fees on certificates
424. 380Local extent of certificate
425. 381Effect of certificate
426. 383Revocation of certificate
427. 384Appeal
428. 385Effect on certificate of previous certificate, probate or letters of administration
429. 386Validation of certain payments made in good faith to holder of invalid certificate
430. 387Effect of decisions under this Act, and liability of holder of certificate thereunder
431. 388Investiture of inferior courts with jurisdiction of District Court for purposes of this Act
432. 389Surrender of superseded and invalid certificates
433. 390Provisions with respect to certificates under Bombay Regulation VIII of 1827