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THE INDIAN SUCCESSION ACT, 1925

ACT NO. 39 OF 1925 · Enacted [30th September, 1925.] · 392 sections

PRELIMINARY

OF DOMICILE

MARRIAGE

OF CONSANGUINITY

CHAPTER I.—Preliminary

CHAPTER II.—Rules in cases of Intestates other than Parsis

Distribution where there are lineal descendants

Distribution where there are no lineal descendants

CHAPTERIII.—Special Rules for Parsi Intestates

CHAPTER I.—Introductory

CHAPTER II—Of Wills and Codicils

CHAPTER III.—Of the Execution of unprivileged Wills

CHAPTER IV.—Of privileged Wills

CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills

CHAPTER VI.—Of the construction of Wills

Section 74.Wording of wills.
Section 75.Inquiries to determine questions as to object or subject of will.
Section 76.Misnomer or misdescription 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 or 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 it can be 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.

CHAPTER VII.—Of void Bequests

CHAPTER VIII.—Of the vesting of Legacies

CHAPTER IX.—Of Onerous Bequests

CHAPTER X.—Of Contingent Bequests

CHAPTER XI.—Of Conditional Bequests

CHAPTER XII.—Of Bequests with Directions as to Application or Enjoyment

CHAPTER XIII.—Of Bequests to an Executor

CHAPTER XIV.—Of Specific Legacies

CHAPTER XV.—Of Demonstrative Legacies

CHAPTER XVI.—Of Ademption of Legacies

Section 152.Ademption explained.
Section 153.Non-ademption of demonstrative legacy.
Section 154.Ademption of specific bequest of right to receive something from third party.
Section 155.Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.
Section 156.Ademptionpro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed.
Section 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.
Section 158.Ademption where stock, specifically bequeathed, does not exist at testator’s death.
Section 159.Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's death.
Section 160.Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.
Section 161.When removal of thing bequeathed does not constitute ademption.
Section 162.When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.
Section 163.Change by operation of law of subject of specific bequest between date of will and testator’s death.
Section 164.Change of subject without testator’s knowledge.
Section 165.Stock specifically bequeathed lent to third party on condition that it be replaced.
Section 166.Stock specifically bequeathed sold but replaced, and belonging to testator at his death.
Section 167.Non-liability of executor to exonerate specific legatees.
Section 168.Compeletion of testator’s title to things bequeathed to be at cost of his estate.
Section 169.Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically.
Section 170.Exoneration of specific legatee’s stock in joint-stock company.

CHAPTER XVIII.—Of Bequests of Things described in General Terms

CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund

CHAPTER XX.—Of Bequests of Annuities

CHAPTER XXI.—Of Legacies to creditors and Portioners

CHAPTER—XXII.—Of Election

CHAPTER XXIII.—Of Gifts in Contemplation of Death

PROTECTION OF PROPERTY OF DECEASED

REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION

PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED

CHAPTER I.—Of Grant of Probate and Letters of Administration

CHAPTER II—Of Limited Grants Grants limited in duration

Grants for the use and benefit of others having right

Grants for special purposes

Grants with exception

Grants of the rest

Grant of effects unadministered

CHAPTER III.—Alteration and Revocation of Grants

CHAPTER IV.—Of the Practice in granting and revoking Probates and Letters of Administration

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 of 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 with 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 administration 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.

CHAPTER V.—Of Executors of their own Wrong

CHAPTER VI.—Of the Powers of an Executor or Administrator

CHAPTER VII.—Of the Duties of an Executor or Administrator

CHAPTER VIII.—Of assent to a legacy by Executor or Administrator

CHAPTER IX.—Of the Payment and Apportionment of Annuities

CHAPTER X.—Of the Investment of Funds to Provide for Legacies

CHAPTER XL.—Of the Produce and Interest of Legacies

CHAPTER XII.—Of the Refunding of Legacies

CHAPTER XIII.—Of the Liability of an Executor or Administrator for Devastation

SUCCESSION CERTIFICATES

MISCELLANEOUS