Section 5. Law regulating succession to deceased person's immoveable and moveable property, respectively

5. Law regulating succession to deceased person's immoveable and moveable property, respectively.— (1) Succession to the immoveable property in[2] [India], of a person deceased shall be regulated by the law of[2] [India], wherever such person may have had his domicile at the time of his death. (2) Succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations (i) A, having his domicile in[2] [India], dies in France, leaving moveable property in France, moveable property in England, and property, both moveable and immoveable, in[2] [India]. The succession to the whole is regulated by the law of[2] [India]. (ii) A, an Englishman, having his domicile in France, dies in[2] [India], and leaves property, both moveable and immoveable, in[2] [India]. The succession to the moveable property is regulated by the rules which govern, in France, the succession to the moveable property of an Englishman dying domiciled in France, and the succession to the immoveable property is regulated by the law of[2] [India]. 5. In applying any of the following sections, namely, sections seventy-five, seventy-six, one hundred and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred and sixteen to such wills and codicils, the words "son", "sons", "child", and "children" shall be deemed to include an adopted child; and the word "grand-children" shall be deemed to include the children, whether adopted or naturalborn, of a child whether adopted or natural-born; and the expression "daughter-in-law" shall be deemed to include the wife of an adopted son. SCHEDULE IV [ See section 274(2)] FORM OF CERTIFICATE I, A. B., Registrar (or as the case may be) of the High Court of Judicature at( or as the case may be) hereby certify that on the day of, the High Court of Judicature at ( or as the case may be) granted probate of the will ( or letters of administration of the estate) of C.D., late of , decreased, to E.F. of and G.H. of, and that such probate ( or letters) has ( or have) effect over all the property of the deceased throughout[1] [India][2] *. ==> picture [72 x 13] intentionally omitted <== [ See section 284(4)] FORM OF CAVEAT Let nothing be done in the matter of, the estate of A. B., late of day of at , without notice to C.D. of , deceased, who died on the SCHEDULE VI ==> picture [79 x 13] intentionally omitted <== ==> picture [88 x 13] intentionally omitted <== I, Judge of the District of [ or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate's jurisdiction)], hereby make known that on the day of in the year , the last will of , late of , a copy whereof is hereunto annexed, was proved and registered before me, and that administration of the property and credits of the said deceased, and in any way concerning his will was granted to , the executor in the said will named, he having undertaken to administer the same, and to make a full and true inventory of the said property and credits and exhibit the same in this Court within six months from the date of this grant or within such further time as the Court may, from time to time, appoint, and also to render to this Court a true account of the said property and credits within one year from the same date, or within such further time as the Court may, from time to time, appoint. ==> picture [79 x 13] intentionally omitted <== ==> picture [79 x 13] intentionally omitted <== FORM OF LETTERS OF ADMINISTRATION I, Judge of the District of [ or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate's jurisdiction)], hereby make known that on the day of letters of administration (with or without the will annexed, as the case may be), of the property and credits of , late of ,deceased, were granted to , the father ( or as the case may be) of the deceased, he having undertaken to administer the same and to make a full and true inventory of the said property and credits and exhibit the same in this Court, within six months from the date of this grant or within such further time as the Court may, from time to time, appoint, and also to render to this Court a true account of the said property and credits within one year from the same date, or within such further time as the Court may, from time to time, appoint. 1. Subs. by Act 3 of 1951, s. 3 and the Sch., for "the States". 2. The words "of India" omitted by the A.O. 1950. SCHEDULE VIII ( See section 377) FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE In the Court of To A. B . Whereas you applied on the day of for a certificate under Part X of the Indian Succession Act, 1925, in respect of the following debts and securities, namely:— |||Debts|| |---|---|---|---| |Serial|1[Name] of|Amount of debt,|Description and date of| |Number|debtor|including interest, on date|instrument, if any, by| |||of application for certificate|which the debt is secured| Securities |DESCRIPTION|DESCRIPTION|||| |---|---|---|---|---| |Serial|Distinguishing|Name, title or class of security|Amount or par value of|Market-value of security| |Number|number or letter of||security|on date of application for| ||security|||certificate| This certificate is accordingly granted to you and empowers you to collect those debts [ and ] [ to receive ] [ interest ] [ dividends ] [ on ] [ to negotiate ] [ to transfer ] [ those securities ]. Dated this day of District Judge In the Court of On the application of A. B . made to me on the day of , I hereby extend this certificate to the following debts and securities, namely: — |||Debts||| |---|---|---|---|---| |Serial Number||Name of debtor<br>Amount of debt, including interest, on<br>date of application for extension|Description and date of<br>instrument, if any, by which the<br>debt is secured|| |||||| |Serial Number||Securities||| |||DESCRIPTION||Market-value of<br>security on date of<br>application for<br>extension| |||Distinguishing<br>number or letter of<br>security<br>Name, title or class of<br>security<br>Amount or par value<br>of security||| This extension empowers A. B. to collect those debts [ and ] [ to receive ] [ interest ] [ dividends ] [ on ] [ to negotiate ] [ to transfer ] [ those securities ]. Dated this day of day of District Judge. _____________________________ 1. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for "Number". SCHEDULE IX.—[ Enactments repealed .] Rep. by the Repealing Act , 1927 (12 of 1927), s. 2 and the Sch.