The Indian Succession Act, 1925 · XXIII — .— Of Gifts in Contemplation of Death

Section 212. Right to intestate's property

In force · As amended up to 2026-08

212. Right to intestate's property.— (1) No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, Jaina,[2] [Indian Christian or Parsi]. 213 . [ Right as executor or legatee when established .] Omitted by the Repealing and Amending Act , 2025 (37 of 2025), s . 3 and Sch. II ( w.e.f. 20-12-2025). 1. Subs. by Act 16 of 1962, s. 2, for "or Jaina". 2. Subs. by s. 3, ibid ., for "or Indian Christian". 3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States". 1[(2) This section shall not apply in the case of wills made by Muhammadans 2[or Indian Christians], and shall only apply— (i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such wills are made within the local limits of the[3] [ordinary-original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.] STATE AMENDMENTS Karela.— Amendment of section 213 .— In sub-section (2) of section 213 of the Indian Succession Act, 1925 (Central Act 39 of 1925), after the word 'Muhammadans', the words 'or Indian Christians' shall be inserted. [ Vide Kerala Act 1 of 1997, sec. 2].

Source: India Code

How this section changed

  1. substituted by Act 16 of 1962, s. 2

    Date not stated in the footnote

    Earlier wording: “or Jaina”

    Footnote: 1. Subs. by Act 16 of 1962, s. 2, for "or Jaina".

  2. substituted by Act 3 of 1951, s. 3

    Date not stated in the footnote

    Earlier wording: “the States”

    Footnote: 3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the States".