The INDIAN SUCCESSION ACT, 1925

PRELIMINARY

Section 1 — Short title.

This Act may be called the Indian Succession Act, 1925.

Browse all 247 sections
  1. 1.Short title.
  2. 2.Definitions.
  3. 3.Power of State Government to exempt any race, sect or tribe in the State from operation of Act.
  4. 4.Application of Part.
  5. 5.Law regulating succession to deceased person’s immoveable and moveable property, respectively.
  6. 6.One domicile only affects succession to moveables.
  7. 7.Domicile of origin of person of legitimate birth.
  8. 8.Domicile of origin of illegitimate child.
  9. 9.Continuance of domicile of origin.
  10. 10.Acquisition of new domicile.
  11. 11.Special mode of acquiring domicile in India.
  12. 12.Domicile not acquired by residence as representative of foreign Government, or as part of his family.
  13. 13.Continuance of new domicile.
  14. 14.Minor’s domicile.
  15. 15.Domicile acquired by woman on marriage.
  16. 16.Wife’s domicile during marriage.
  17. 17.Minor’s acquisition of new domicile.
  18. 18.Lunatic’s acquisition of new domicile.
  19. 19.Succession to moveable property in India in absence of proof of domicile elsewhere.
  20. 20.Interests and powers not acquired nor lost by marriage.
  21. 21.Effect of marriage between person domiciled and one not domiciled in India.
  22. 22.Settlement of minor’s property in contemplation of marriage.
  23. 23.Application of Part.
  24. 24.Kindred or consanguinity.
  25. 25.Lineal consanguinity.
  26. 26.Collateral consanguinity.
  27. 27.Persons held for purpose of succession to be similarly related to deceased.
  28. 28.Mode of computing of degrees of kindred.
  29. 29.Application of Part.
  30. 30.As to what property deceased considered to have died intestate.
  31. 31.Chapter not to apply to Parsis.
  32. 32.Devolution of such property.
  33. 33.Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.
  34. 33A.Special provision where intestate has left widow and no lineal descendants.
  35. 34.Where intestate has left no widow, and where he has left no kindred.
  36. 35.Rights of widower.
  37. 36.Rules of distribution.
  38. 37.Where intestate has left child or children only.
  39. 38.Where intestate has left no child, but grandchild or grandchildren.
  40. 39.Where intestate has left only great-grandchildren or remoter lineal descendants.
  41. 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.
  42. 41.Rules of distribution where intestate has left no lineal descendants.
  43. 42.Where intestate’s father living.
  44. 43.Where intestate’s father dead, but his mother, brothers and sisters living.
  45. 44.Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.
  46. 45.Where intestate’s father dead and his mother and children of any deceased brother or sister living.
  47. 46.Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.
  48. 47.Where intestate has left neither lineal descendant, nor father, nor mother.
  49. 48.Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.
  50. 49.Children’s advancements not brought into hotchpot.
  51. 50.General principles relating to intestate succession.
  52. 51.Division of intestate’s property among widow, widower, children and parents.
  53. 53.Division of share of predeceased child of intestate leaving lineal descendants.
  54. 54.Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant.
  55. 55.Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant.
  56. 56.Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.
  57. 57.Application of certain provisions of Part to a class of wills made by Hindus, etc.
  58. 58.General application of Part.
  59. 59.Person capable of making wills.
  60. 60.Testamentary guardian.
  61. 61.Will obtained by fraud, coercion or importunity.
  62. 62.Will may be revoked or altered.
  63. 63.Execution of unprivileged wills.
  64. 64.Incorporation of papers by reference.
  65. 65.Privileged wills.
  66. 66.Mode of making, and rules for executing, privileged wills.
  67. 67.Effect of gift to attesting witness.
  68. 68.Witness not disqualified by interest or by being executor.
  69. 69.Revocation of will by testator’s marriage.
  70. 70.Revocation of unprivileged will or codicil.
  71. 71.Effect of obliteration, interlineation or alteration in unprivileged will.
  72. 72.Revocation of privileged will or codicil.
  73. 73.Revival of unprivileged will.
  74. 74.Wording of wills.
  75. 75.Inquiries to determine questions as to object or subject of will.
  76. 76.Misnomer or misdescription of object.
  77. 77.When words may be supplied.
  78. 78.Rejection of erroneous particulars in description of subject.
  79. 79.When part of description may not be rejected as erroneous.
  80. 80.Extrinsic evidence admissible in cases of patent ambiguity.
  81. 81.Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.
  82. 82.Meaning or clause to be collected from entire Will.
  83. 83.When words may be understood in restricted sense, and when in sense wider than usual.
  84. 84.Which of two possible constructions preferred.
  85. 85.No part rejected, if it can be reasonably construed.
  86. 86.Interpretation of words repeated in different parts of will.
  87. 87.Testator’s intention to be effectuated as far as possible.
  88. 88.The last of two inconsistent clauses prevails.
  89. 89.Will or bequest void for uncertainty.
  90. 90.Words describing subject refer to property answering description at testator’s death.
  91. 91.Power of appointment executed by general bequest.
  92. 92.Implied gift to objects of power in default of appointment.
  93. 93.Bequest to “heirs,” etc., of particular person without qualifying terms.
  94. 94.Bequest to “representatives”, etc., of particular person.
  95. 95.Bequest without words of limitation.
  96. 96.Bequest in alternative.
  97. 97.Effect of words describing a class added to bequest to person.
  98. 98.Bequest to class of persons under general description only.
  99. 99.Construction of terms.
  100. 100.Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate.
  101. 101.Rules of construction where will purports to make two bequests to same person.
  102. 102.Constitution of residuary legatee.
  103. 103.Property to which residuary legatee entitled.
  104. 104.Time of vesting legacy in general terms.
  105. 105.In what case legacy lapses.
  106. 106.Legacy does not lapse if one of two joint legatees die before testator.
  107. 107.Effect of words showing testator’s intention to give distinct shares.
  108. 108.When lapsed share goes as undisposed of.
  109. 109.When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime.
  110. 110.Bequest to A for benefit of B does not lapse by A’s death.
  111. 111.Survivorship in case of bequest to described class.
  112. 112.Bequest to person by particular description, who is not in existence at testator’s death.
  113. 113.Bequest to person not in existence at testator’s death subject to prior bequest.
  114. 114.Rule against perpetuity.
  115. 115.Bequest to a class some of whom may come under rules in sections 113 and 114.
  116. 116.Bequest to take effect on failure of prior bequest.
  117. 117.Effect of direction for accumulation.
  118. 118.Bequest to religious or charitable uses.
  119. 119.Date of vesting of legacy when payment or possession postponed.
  120. 120.Date of vesting when legacy contingent upon specified uncertain event.
  121. 121.Vesting of interest in bequest to such members of a class as shall have attained particular age.
  122. 122.Onerous bequests.
  123. 123.One of two separate and independent bequests to same person may be accepted, and other refused.
  124. 124.Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.
  125. 125.Bequest to such of certain persons as shall be surviving at some period not specified.
  126. 126.Bequest upon impossible condition.
  127. 127.Bequest upon illegal or immoral condition.
  128. 128.Fulfilment of condition precedent to vesting of legacy.
  129. 129.Bequest to A and on failure of prior bequest to B.
  130. 130.When second bequest not to take effect on failure of first.
  131. 131.Bequest over, conditional upon happening or not happening of specified uncertain event.
  132. 132.Condition must be strictly fulfilled.
  133. 133.Original bequest not affected by invalidity of second.
  134. 134.Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.
  135. 135.Such condition must not be invalid under section 120.
  136. 136.Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over.
  137. 137.Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud.
  138. 138.Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.
  139. 139.Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.
  140. 140.Bequest of fund for certain purposes, some of which cannot be fulfilled.
  141. 141.Legatee named as executor cannot take unless be shows intention to act as executor.
  142. 142.Specific legacy defined.
  143. 143.Bequest of certain sum where stocks, etc., in which invested are described.
  144. 144.Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.
  145. 145.Bequest of money where not payable until part of testator’s property disposed of in certain way.
  146. 146.When enumerated articles not deemed specifically bequeathed.
  147. 147.Retention, in form, of specific bequest to several persons in succession.
  148. 148.Sale and investment of proceeds of property bequeathed to two or more persons in succession.
  149. 149.Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.
  150. 150.Demonstrative legacy defined.
  151. 151.Order of payment when legacy directed to be paid out of fund the subject of specific legacy.
  152. 152.Ademption explained.
  153. 153.Non-ademption of demonstrative legacy.
  154. 154.Ademption of specific bequest of right to receive something from third party.
  155. 155.Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.
  156. 156.Ademptionpro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed.
  157. 157.Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies.
  158. 158.Ademption where stock, specifically bequeathed, does not exist at testator’s death.
  159. 159.Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's death.
  160. 160.Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.
  161. 161.When removal of thing bequeathed does not constitute ademption.
  162. 162.When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.
  163. 163.Change by operation of law of subject of specific bequest between date of will and testator’s death.
  164. 164.Change of subject without testator’s knowledge.
  165. 165.Stock specifically bequeathed lent to third party on condition that it be replaced.
  166. 166.Stock specifically bequeathed sold but replaced, and belonging to testator at his death.
  167. 167.Non-liability of executor to exonerate specific legatees.
  168. 168.Compeletion of testator’s title to things bequeathed to be at cost of his estate.
  169. 169.Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically.
  170. 170.Exoneration of specific legatee’s stock in joint-stock company.
  171. 171.Bequest of thing described in general terms.
  172. 172.Bequest of interest or produce of fund.
  173. 173.Annuity created by will payable for life only unless contrary intention appears by will.
  174. 174.Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity.
  175. 175.Abatement of annuity.
  176. 176.Where gift of annuity and residuary gift, whole annuity to be first satisfied.
  177. 177.Creditor prima facie entitled to legacy as well as debt.
  178. 178.Child prima facie entitled to legacy as well as portion.
  179. 179.No ademption by-subsequent provision for legatee.
  180. 180.Circumstances in which election takes place.
  181. 181.Devolution of interest relinquished by owner.
  182. 182.Testator’s belief as to his ownership immaterial.
  183. 183.Bequest for man’s benefit how regarded for purpose of election.
  184. 184.Person deriving benefit indirectly not put to election.
  185. 185.Person taking in individual capacity under will may In other character elect to take in opposition.
  186. 186.Exception to provisions of last six sections.
  187. 187.When acceptance of benefit given by will constitutes election to take under will.
  188. 188.Circumstances in which knowledge or waiver is presumed or inferred.
  189. 189.When testator’s representatives may call upon legatee to elect.
  190. 190.Postponement of election in case of disability.
  191. 191.Property transferable by gift made in contemplation of death.
  192. 192.Person claiming right by succession to property of deceased may apply for relief against wrongful possession.
  193. 193.Inquiry made by Judge.
  194. 194.Procedure.
  195. 195.Appointment of curator pending determination of proceeding.
  196. 196.Powers conferrable on curator.
  197. 197.Prohibition of exercise of certain powers by curators.
  198. 198.Curator to give security and may receive remuneration.
  199. 199.Report from Collector where estate includes revenue paying land.
  200. 200.Institution and defence of suits.
  201. 201.Allowances to apparent owners pending custody by curator.
  202. 202.Accounts to be filed by curator.
  203. 203.Inspection of accounts and right of interested party to keep duplicate.
  204. 204.Bar to appointment of second curator for same property.
  205. 205.Limitation of time for application for curator.
  206. 206.Bar to enforcement of Part against public settlement or legal directions by deceased.
  207. 207.Court of Wards to be made curator in case of minors having property subject to its jurisdiction.
  208. 208.Saving of right to bring suit.
  209. 209.Effect of decision of summary proceeding.
  210. 210.Appointment of public curators.
  211. 211.Character and property of executor or administrator as such.
  212. 212.Right to intestate’s property.
  213. 213.Right as executor or legatee when established.
  214. 214.Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.
  215. 215.Effection certificate of subsequent probate or letters of administration.
  216. 216.Grantee of probate or administration alone to sue, etc., until same revoked.
  217. 217.Application of Part.
  218. 370.Restriction on grant of certificates under this part.
  219. 371.Court having jurisdiction to grant certificate.
  220. 372.Application for certificate.
  221. 373.Procedure on application.
  222. 374.Contents of certificate.
  223. 375.Requisition of security from grantee of certificate.
  224. 376.Extension of certificate.
  225. 377.Forms of certificate and extended certificate.
  226. 378.Amendment of certificate in respect of powers as to securities.
  227. 379.Mode of collecting court-fees on certificates.
  228. 380.Local extent of certificate.
  229. 381.Effect of certificate.
  230. 382.Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases.
  231. 383.Revocation of certificate.
  232. 384.Appeal.
  233. 385.Effect on certificate of previous certificate, probate or letters of administration.
  234. 386.Validation of certain payments made in good faith to holder of invalid certificate.
  235. 387.Effect of decisions under this Act, and liability of holder of certificate thereunder.
  236. 388.Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.
  237. 389.Surrender of superseded and invalid certificates.
  238. 390.Provisions with respect to certificates under Bombay Regulation VIII of 1827.
  239. 392.[Repealed.].
  240. SCH-SCHEDULE I.SCHEDULE I
  241. SCH-SCHEDULE II.SCHEDULE II
  242. SCH-SCHEDULE III.SCHEDULE III
  243. SCH-SCHEDULE IV.SCHEDULE IV
  244. SCH-SCHEDULE V.SCHEDULE V
  245. SCH-SCHEDULE VI.SCHEDULE VI
  246. SCH-SCHEDULE VII.SCHEDULE VII
  247. SCH-SCHEDULE VIII.SCHEDULE VIII