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The Indian Succession Act, 1925 outlines the legal framework for the succession of property in India, including provisions for domicile, marriage, consanguinity, intestate and testamentary succession. It details the rights and rules governing the distribution of a deceased person's estate, both for intestates and those who leave a will, along with specific rules for different communities such as Parsis. The Act also establishes procedures for the protection of the property of the deceased and the roles of executors and administrators in managing the estate.
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0% found this document useful (0 votes)
31 views99 pagesIndian Succession Act
The Indian Succession Act, 1925 outlines the legal framework for the succession of property in India, including provisions for domicile, marriage, consanguinity, intestate and testamentary succession. It details the rights and rules governing the distribution of a deceased person's estate, both for intestates and those who leave a will, along with specific rules for different communities such as Parsis. The Act also establishes procedures for the protection of the property of the deceased and the roles of executors and administrators in managing the estate.
Uploaded by
Srishti GargCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
/ 99
THE INDIAN SUCCESSION ACT, 1925
ARRANGEMENT OF SECTIONS
PARTI
PRELIMINARY
SECTIONS
1. Short title
2. Definitions.
3, Power of State Government to exempt any race, sect or tribe in the State from operation of Act.
PART IL
OF DoMiciLe.
4, Application of Part
5. Law regulating succession to deceased person’s immoveable and moveable property, respectively.
6. One domicile only affects succession to moveables.
7, Domicile of origin of person of legitimate birth.
8, Domicile of origin of illegitimate child.
9. Continuance of domicile of origin
10. Acquisition of new domicile.
11. Special mode of acquiring domicile in India.
12. Domicile not acquired by residence as representative of foreign Government, or as part of his
family.
13, Continuance of new domicile.
14, Minor’s domicile.
15, Domicile acquired by woman on marriage.
16, Wife's domicile during marriage.
17. Minor’s acquisition of new domicile.
18, Lunatic’s acquisition of new domicile.
19, Succession to moveable property in India in absence of proof of domicile elsewhere.
PART III
‘Marriacr
20, Interests and powers not acquired nor lost by marriage.
21. Effect of marriage between person domiciled and one not domiciled in India.
22. Settlement of minor’s property in contemplation of marriage.
PARTIV
OF ConsanGuiniry
23. Application of Part.
24, Kindred or consanguinity.
25. Lineal consanguinity. SECTIONS
26. Collateral consanguinity.
27. Persons held for purpose of succession to be similarly related to deceased.
28. Mode of computing of degrees of kindred.
PART V
INTESTATE SUCCESSION
(CHAPTER L—Preliminary
29. Application of Part.
30. As to what property deceased considered to have died intestate
CHAPTER II_—Rules in cases of Intestates other than Parsis
31. Chapter not to apply to Parsis
32. Devolution of such property.
33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and
no kindred.
33A. Special provision where intestate has left widow and no lineal descendants.
34, Where intestate has left no widow, and where he has left no kindred.
35. Rights of widower.
Distribution where there are lineal descendants
36. Rules of distribution.
37. Where intestate has left child or children only.
38, Where intestate has left no child, but grandchild or grandchildren.
39. Where intestate has left only great-grandchildren or remoter lineal descendants.
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.
Distribution where there are no lineal descendants
41. Rules of distribution where intestate has left no lineal descendants.
42. Where intestate’s father living
43. Where intestate’s father dead, but his mother, brothers and sisters living,
44. Where intestate’s father dead and his mother, a brother of sister, and children of any deceased
brother or sister, living.
45. Where intestate’s father dead and his mother and children of any dei
sed brother or sister living,
46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.
47. Where intestate has left neither lineal descendant, nor father, nor mother.
48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister,
49. Children’s advancements not brought into hotchpot.
CHAPTER —Special Rules for Parsi Intestates
50. General principles relating to intestate su
51. Division of intestate’s property among widow, widower, children and parents, SECTIONS
53, Division of share of predeceased child of intestate leaving lineal descendants,
54, Division of property where intestate leaves no lineal descendant but leaves a widow or widower
or a widow ot widower of any lineal descendant
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. Division of property where there is no relative entitled to succeed under the other provisions of
this Chapter.
PART VI
‘TESTAMENTARY SUCCESSION
CHAPTER L—Introductory
57. Application of certain provisions of Part to a class of wills made by Hindus, ete.
58. General application of Part.
Cuaprer IL_Of Wills and Codicils
59. Person capable of making wills.
60, Testamentary guardian,
61. Will obtained by fraud, coercion or importunity.
62. Will may be revoked or altered.
CHAPTER IIL—Of the Execution of unprivileged Wills
63. Execution of unprivileged wills.
64. Incorporation of papers by reference.
CHAPTER IV.—Of privileged Wills
65. Privileged wills.
66, Mode of making, and rules for executing, privileged wills.
CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills
67. Effect of gifl to attesting witness,
68. Witness not disqualified by interest or by being executor.
69. Revocation of will by testator’s marriage.
70. Revocation of unprivileged will or codicil
71. Effect of obliteration, interlincation or alteration in unprivileged will,
72, Revocation of privileged will ot codicil.
73. Revival of unprivileged will
(CHAPTER VI—Of the construction of Wills
74, Wording of wills.
75. Inquiries to determine questions as to object or subject of will.
76. Misnomer or misdescription of object.
77. When words may be supplied.
78, Rejection of erroneous particulars in description of subject.
79. When part of description may not be rejected as erroneous. SECTIONS
80. Extrinsic evidence admissible in cases of patent ambiguity.
81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.
82, Meaning or clause to be collected from entire Will
83. When words may be understood in restricted sense, and when in sense wider than usual
84, Which of two possible constructions preferred.
85. No part rejected, iit can be reasonably construed
86, Interpretation of words repeated in different parts of will
87. Testator’s intention to be effectuated as far as possible
8. The last of two inconsistent clauses prevails.
89. Will or bequest void for uncertainty.
90. Words describing subject refer to property answering description at testator’s death
91. Power of appointment executed by general bequest.
92. Implied gift to objects of power in default of appointment.
93. Bequest to “heirs,” etc., of particular person without qualifying terms.
94. Bequest to “representatives”, ete., of particular person.
95. Bequest without words of limitation
96, Bequest in alternative.
97. Effect of words describing a class added to bequest to person,
98. Bequest to class of persons under general description only.
99. Construction of terms,
100. Words expressing relationship denote only legitimate relatives or failing such relatives reputed,
legitimate.
101. Rules of construction where will purports to make two bequests to same person.
102. Constitution of residuary legatee.
103. Property to which residuary legatee entitled.
104, Time of vesting legacy in general terms.
105. In what case legacy lapses.
106, Legacy does not lapse if one of two joint legatees die before testator.
107.E
1 of words showing testator’s intention to give distinct shares.
108, When lapsed share goes as undisposed of.
109, When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s
lifetime,
110, Bequest to A for benefit of B does not lapse by A’s death.
111, Survivorship in case of bequest to described class.
CHAPTER VIL—Of void Bequests
112, Bequest to person by particular description, who is not in existence at testator’s death
113, Bequest to person not in existence at testator’s death subject to prior bequest. SECTIONS
114, Rule against perpetuity
115, Bequest to a class some of whom may come under rules in sections 113 and 114.
116, Bequest to take effect on failure of prior bequest.
117. Bffect of direction for accumulation.
118, Bequest to religious or charitable uses.
CHAPTER VIIL_—Of the vesting of Legacies
119. Date of vesting of legacy when payment or possession postponed.
120. Date of vesting when legacy contingent upon specified uncertain event.
121. Vesting of interest in bequest to such members of a class as shall have attained particular age.
CHAPTER IX.—Of Onerous Bequests
122, Onerous bequests.
123. One of two separate and independent bequests to same person may be accepted, and other
refused,
CHAPTER X.—Of Contingent Bequests
124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence,
125, Bequest to such of certain persons as shall be surviving at some period not specified,
CHAPTER XI —Of Conditional Bequests
126. Bequest upon impossible condition,
127. Bequest upon illegal or immoral condition.
128. Fulfilment of condition precedent to vesting of legacy.
129. Bequest to A and on failure of prior bequest to B.
130, When second bequest not to take effect on failure of first
131, Bequest over, conditional upon happening or not happening of specified uncertain event.
132. Condition must be strictly fulfilled.
133. Original bequest not affected by invalidity of second.
134, Bequest conditioned that it shall «
happen, or not happen.
se to have effect in case a specified uncertain event shall
135. Such condition must not be invalid under section 120.
136. Result of legate rendering impossible or indefinitely postponing act for which no time
specified, and on non-performance of which subject-matter to go over.
137. Performance of condition, precedent or subsequent, within specified time, Further time In case
of fraud,
(CHAPTER XIL—Of Bequests with Directions as to Application or Enjoyment
138, Direction that fund be employed in particular manner following absolute bequest of same to or
for benefit of any person.
139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified
benefit for legatee. SECTIONS
140, Bequest of fund for certain purposes, some of which cannot be fulfilled.
CHAPTER XIIL—Of Bequests to an Executor
141. Legatee named as executor cannot take unless be shows intention to act as executor.
CHAPTER XIV.—Of Specific Legacies
142. Specific legacy defined.
143. Bequest of certain sum where stocks, etc., in which invested are described,
144, Bequest of stock where testator had, at date of will, equal or greater amount of stock of same
kind
145. Bequest of money where not payable until part of testator’s property disposed of in certain way.
146, When enumerated articles not deemed specifically bequeathed.
147. Retention, in form, of specific bequest to several persons in succession.
148, Sale and investment of proceeds of property bequeathed to two or more persons in succession.
149, Where deficiency of assets to pay legacies, specific legacy not to abate with general le
CHAPTER XV.—Of Demonstrative Legacies
150. Demonstrative legacy defined.
151. Order of payment when legacy directed to be paid out of fund the subject of sp
CHAPTER XVI-—Of Ademption of Legacies
152. Ademption explained.
153. Non-ademption of demor
trative legacy
154, Ademption of specific bequest of right to receive something from third party
155. Ademptionpro tanto by testator's receipt of part of entire thing specifically bequeathed.
156. Ademptionpro tanto by testator’s receipt of portion of entire fund of which portion has been
specically bequeathed,
157. Order of payment where portion of fund specifically bequeathed to one legatec, and legacy
charged on same fund to another, and, testator having received portion of that fund, remainder
insufficient to pay both legacies.
158. Ademption where stock, specifically bequeathed, does not exist at testator’s death.
159, Ademptionpra tanto where stock, specifically bequeathed, exists in part only at testator’s death,
160. Non-ademption of specific bequest of goods described as connected with certain place, by
reason of removal,
161. When removal of thing bequeathed does not constitute ademption.
162. When thing bequeathed is a valuable to be received by testator from third person; and testator
himself, or his representative, receives it.
163. Change by operation of law of subject of specific bequest between date of will and testator’s
death.
164. Change of subject without testator’s knowledge.
165. Stock specifically bequeathed lent to third party on condition that it be replaced
166, Stock specifically bequeathed sold but replaced, and belonging to testator at his death
167. Non-liability of executor to exonerate specific legatees. SECTIONS
168. Compeletion of testator’s ttle to things bequeathed to be at cost of his estate.
169. Exoneration of legatee’s immoveable property for which land-revenue or rent payable
periodically.
170. Exoneration of specific legatee’s stock in joint-stock company.
(CHAPTER XVII_—Of Bequests of Things described in General Terms
171. Bequest of thing described in general terms.
CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund
172, Bequest of interest or produce of fund
CHAPTER XX.—Of Bequests of Annuities
173. Annuity created by will payable for life only unless contrary intention appears by will.
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, Abatement of annuity.
176. Where gift of annuity and residuary gift, whole annuity to be first satisfied.
CHAPTER XXL—Of Legacies to creditors and Portioners
177. Creditor prima facie entitled to legacy as well as debt.
178. Child prima facie entitled to legacy as well as portion
179, No ademption by-subsequent provision for legatee.
(CHAPTERXXIL—OF
180, Circumstances in which election takes place.
181. Devolution of interest relinquished by owner.
182, Testator’s belief as to his ownership immaterial
183. Bequest for man’s benefit how regarded for purpose of election,
184, Person deriving benefit indirectly not put to election.
185, Person taking in individual capacity under will may In other character clect to take in opposition.
186, Exception to provisions of last six sections.
187. When acceptance of benefit given by will constitutes election to take under will.
188, Circumstances in which knowledge or waiver is presumed or inferred
189, When testator’s representatives may call upon legatee to elect
190, Postponement of election in case of disability
(CHAPTER XXII.—Of Gifts in Contemplation of Death
191. Property transferable by gift made in contemplation of death.
PART VIL
PROTECTION OF PROPERTY OF DECEASED
192, Person claiming right by succession to property of deceased may apply for relief against
wrongful possession.
193, Inquiry made by Judge. SECTIONS
194, Procedure.
195. Appointment of curator pending determination of proceeding,
196, Powers conferrable on curator.
197. Prohibition of exercise of certain powers by curators.
198, Curator to give security and may receive remuneration.
199. Report from Collector where estate includes revenue paying land.
200. Institution and defence of suits
201. Allowances to apparent owners pending custody by curator.
202. Accounts to be filed by curator.
203. Inspection of accounts and right of interested party to keep duplicate.
204. Bar to appointment of second curator for same property.
205. Limitation of time for application for curator.
206. Bar to enforcement of Part against public settlement or legal directions by deceased.
207. Court of Wards to be made curator in case of minors having property subject to its jurisdiction.
208. Saving of right to bring suit.
209. E
fect of decision of summary proceeding,
210, Appointment of public curators.
PART Vill
REI
NTATIVE TITLE TO PROPERTY OF DECEASED ON SUC
211, Character and property of executor or administrator as such.
212. Right to intestate’s property.
213. Right as executor or legatee when established.
214. Proof of representative title a condition precedent to recovery through the Courts of debts from
debtors of deceased persons,
215, Effection certificate of subsequent probate or letters of administration.
216. Grantee of probate or administration alone to sue, etc., until same revoked.
PART IX
PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
217. Application of Part
(CHAPTER L—Of Grant of Probate and Letters of Administration
218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist,
Sikh, Jaina or exempted person.
219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.
220, Effect of letters of administration.
221. Acts not validated by administration,
222, Probate only to appointed executor.
223. Persons to whom probate cannot be granted. SECTIONS
224. Grant of probate to several executors simultaneously or at different times.
225. Separate probate of codicil discovered after grant of probate.
226. Acerual of representation to surviving executor.
227. Effect of probate.
228. Administration, with copy annexed, of authenticated copy of will proved abroad.
229, Grant of administration where executor has not renounced.
230, Form and effect of renunciation of executorship.
231. Procedure where executor renounces or fails to accept within time limited,
252, Grant of administration to universal or residuary legatees.
233. Right to administration of representative of deceased residuary legat
234, Grant of administration where no executor, nor residuary legate nor representative of such
legatee.
235, Citation before grant of administration to legatee other than universal or residuary.
236. To whom administration may not be granted.
236A. Laying of rules before State Legislature.
CHAPTER LI—Of Limited Grants
Grants limited in duration
237, Probate of copy or draft of lost will.
238. Probate of contents or lost of destroyed will.
239, Probate of copy where original exists.
240, Administration until will produced,
Grants for the use and benefit of others having right
241. Administration, with will annexed, to attorney of absent executor.
242. Administration, with will annexed to attorney of a absent person who, if present, would be
entitled to administer.
243. Administration to attorney of absent person entitled to administer in case of intestacy.
244. Administration during minority of sole executor or residuary legatee.
245. Administration during minority of several executors or residuary legatee.
246. Administration for use and benefit of lunatic or minor.
247. Administration pendente lite.
Grants for special purposes
248. Probate limited to purpose specified in will
© sp
249. Administration, with will annexed, limited to particular purpose.
250, Administration limited to property in which person has beneficial interest.
251. Administration limited to suit,
252, Administration limited to purpose of becoming party to suit to be brought against administrator,
253. Administration limited to collection and preservation of deceased’s property. SECTIONS
234.
be entitled to administration,
255,
256.
257,
258,
259.
260.
261
262.
263
264,
265.
266.
267,
268.
269.
270,
2m.
272
273
274.
275
276.
277,
218,
279.
280.
281
282,
Appointment, as administrator, of person other than one who, in ordinary circumstances, would
Grants with exception
Probate or administration, with will annexed, subject to exception.
Administration with exception.
Grants of the rest
Probate or administration of rest
Grant of effects unadministered
Grant of effects unadministered.
Rules as to grants of effects unadministered.
Administration when limited grant expired and still some part of estate unadministered.
CHAPTER IIL—Alteration and Revocation of Grants
- What errors may be rectified by Court
Procedure where codicil discovered after grant of administration with will annexed,
Revocation or annulment for just cause.
CHAPTER IV —Of the Practice in granting and revoking Probates and
Letters of Administration
Jurisdiction of District Judge in granting and revoking probates, ete.
Power to appoint delegate of District Judge to deal with non-contentious cases.
District Judge’s powers as to grant of probate and administration.
District Judge may order person to produce testamentary papers,
Proceedings of District Judge’s Court in relation to probate and administration.
‘When and how District Judge to interfere for protection of property
When probate or administration may be granted by District Judge.
Disposal of application made to Judge of district in which deceased had no fixed abode.
Probate and letters of administration may be granted by Delegate.
Conclusiveness of probate or letters of administration,
Transmission to High Courts of certificate of grants under proviso to section 273
Conclusiveness of application for probate or administration if properly made and veri
Petition for probate.
‘In what cases translation of will to be annexed to petition. Verification of translation by person
other than Court translator,
Petition for letters of administration.
Addition to statement in petition, etc., for probate or letters of administration in certain cases,
Petition for probate, etc, to be signed and verified
Verification of petition for probate, by one witness to will.
Punishment for false averment in petition or declaration SECTIONS
283. Powers of District Judge.
284,
Caveats against grant of probate or administration,
285, After entry of caveat, no proceeding taken on petition until after notice to caveator,
286,
287,
District Delegate when not to grant probate or administration.
Power to transmit statement to District Judge in doubtful cases where no contention.
288, Procedure where there is contention of District Delegate thinks probate or letters of
303,
304,
305
306,
administration should be refused in his Court
289,
290,
291.
292,
293
294,
295
296.
297.
298,
299,
300.
301
302,
Grant of probate to be under seal of Court
Grant of letters of administration to be under seal of Court
Administration-bond
Assignment of administration-bond.
Time for grant of probate and administration
Filing of original wills of which probate or administration with will annexed granted,
Procedure in contentious cases.
Surrender of revoked probate or letters of administration,
Payment to executor ot administrator before probate or administration revoked.
Power to refuse letters of administration.
Appeals from orders of District Judge.
Concurrent jurisdiction of High Court
Removal of executor or administrator and provision for successor.
Directions to executor or administrator
CHAPTER V—Of Executors of their own Wrong
Executor of his own wrong,
Liability of executor of his own wrong.
CHAPTER VI.—Of the Powers of an Executor or Administrator
ed and debts due at death.
In respect of causes of action surviving dei
Demands and rights of action of or against deceased survive to and against executor or
administrator.
307.
308,
309,
310.
ail
312,
313
314,
315
Power of executor ot administrator to dispose of property,
General powers of administration.
Commission or agency charges.
Purchase by executor or administrator of deceased’s property.
Powers of several executors ot administrators exercisable by one.
Survival of powers on death of one of several executors or administrators,
Powers of administrator of effects unadministered,
Powers of administrator during minority
Powers of married executrix or administratrix. CHAPTER VIL—Of the Duties of an Executor or Administrator
SECTIONS
316. As to deceased's funeral
317. Inventory and account,
318. Inventory to include property in any part of India in certain cases.
319. As to property of, and debts owing to, deceased.
320, Expenses to be paid before all debts.
321
322
323,
324
325
Expenses to be paid next after such expenses.
Wages for certain services to be next paid, and then other debts.
. Save as aforesaid, all debts to be paid equally and rateably.
Application of moveable property to payment of debts where domicile not in India.
Debts to be paid before legacies,
326. Executor or administrator not bound to pay legacies without indemnity.
327. Abatement of general legacies.
328. Non-abatement of specific legacy when assets sufficient to pay debts.
329, Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
330, Rateable abatement of specifi
331
legacies,
Legacies treated as general for purpose of abatement.
CHAPTER VILL.
Of assent 10 a legacy by Executor or Administrator
Assent necessary to complete legatee’s title.
Effect of executor’s assent to specific legacy.
334. Conditional assent.
340,
341.
342,
343
344,
345
346,
347,
Assent of executor to his own legacy.
Effect of executor’s assent.
Executor when to deliver legacies,
CHAPTER IX.—Of the Payment and Apportionment of Annuities
. Commencement of annuity when no time fixed by will.
‘When annuity, to be paid quarterly or monthly, first falls due.
Dates 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.
CHAPTER X.—Of the Investment of Funds to Provide for Legacies
Investment of sum bequeathed, where legacy, not specific, given for life.
Investment of general legacy, to be paid at future time: disposal of intermediate, interest.
Procedure when no fund charged with, or appropriated to, annuity.
. Transfer to residuary legatee of contingent bequest.
Investment of residue bequeathed for life, without direction to invest in particular securities.
. Investment of residue bequeathed for life, with direction to invest in specified securities.
. Time and manner of conversion and investment. SECTIONS
348,
349,
350.
351
352,
353.
354,
355.
356,
357.
358,
359,
360,
. Procedure where minor entitled to immediate payment or possession of bequest, and no direction
to pay to person on his behalf.
‘CHAPTER XL—Of the Produce and Interest of Legacies
Legatee’s ttle to produce of specific legacy.
Residuary legatee’s title to produce of residuary fund,
Interest when no time
ced for payment of general legacy.
Interest when time fixed.
Rate of interest.
No interest on arrears of annuity within first year after testator’s death.
Interest on sum to be invested produce annuity.
CHAPTER XIL—Of the Refunding of Legacies
Refund of legacy paid under Court's orders,
No refund if paid voluntarily.
Refund when legacy has become due on performance of condition within further time allowed
under section 137.
When each legatce compellable to refund in proportion.
Distribution of assets.
361. Creditor may call upon legatee to refund.
362
363
364.
365,
366,
367.
368
369,
When legate, not satisfied or compelled to refund under section 361, cannot oblige one paid in
full to refund.
When unsatisfied legatee must first proceed against executor, if solvent.
Limit to refunding of one legatee to another.
Refunding to be without interest.
Residue after usual payments to be paid to residuary legatee.
Transfer of assets from India to executor ot administrator in country of domicile for distribution,
CHAPTER XIIL_—Of the Liability of an Executor or Administrator for Devastation
Liability of executor or administrator for devastation,
Liability of executor ot administrator for neglect to get any part of property
PARTX
SUCCESSION CERTIFICATES
|. Restriction on grant of certificates under this part.
Court having jurisdiction to grant certificate.
Application for certificate.
. Procedure on application.
Contents of certificate.
5. Requisition of security from grantee of certificate. SECTIONS
377. Forms of certificate and extended certificate,
378. Amendment of certificate in respect of powers as to securities.
379. Mode of collecting court-fees on certificates.
380. Local extent of certificate.
381. E
fect of certificate.
382. Effect of certificate granted or extended by Indian representative in Foreign State and in certain
other cases,
383. Revocation of certificate
384. Appeal
385, Effect on certificate of previous certificate, probate or letters of administration,
386, Validation of certain payments made in good faith to holder of invalid certificate.
387, Effect of decisions under this Act, and liability of holder of certificate thereunder.
388. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.
389, Surrender of superseded and invalid certificates.
390, Provisions with respect to certificates under Bombay Regulation VIII of 1827.
PART XI
MISCELLANEOUS
391 Saving,
392. [Repealed }
SCHEDULE I TABLE OF CONSANGUINITY.
SCHEDULE I.—
PART J.—ORDER OF NEXT-OF-KIN IN CASE OF PARSI INTESTATES REFERRED TO IN SECTION
54,
PART II_—ORDER OF NEXT-OF-KIN IN CASE OF PARSI INTESTATES REFERRED TO IN §
5s
SCHEDULE II—PRoVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS
DESCRIBED IN SECTION 57.
SCHEDULE IV.—ForM OF CERTIFICATE.
SCHEDULE V.—ForM OF CAVEAT,
SCHEDULE VI—FORM OF PROBATE.
SCHEDULE VII.—FoRM oF LET
OF ADMINISTRATION
SCHEDULE VIII.—FoRMS OF CERTIFICATE AND EXTENDED CERTIFICATE
SCHEDULEIX.—[Repealed. ] THE INDIAN SUCCESSION ACT, 1925
ACT NO. 39 OF 1925!
[300h September, 1925.]
An Act to consolidate the law applicable to intestate and testamentary succession
WHEREASit is expedient to consolidate the law applicable to intestate and testamentary
succession ***. It is hereby enacted as follows-—
PARTI
PRELIMINARY
1, Short title —This Act may be called the Indian Succession Act, 1925.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,
(a) “administrator” means a person appointed by competent authority to administer the estate of a
deceased person when there is no executor;
(6) “codicil” means an instrument made in relation to a Will, and explaining, altering or adding to
its dispositions, and shall be deemed to form part of the Will;
5[(bb) “District Judge” means the Judge of a Principal Civil Court of original jurisdictions]
(c) “executor” means a person to whom the execution of the last Will of a deceased person is, by
the testator’s appointment, confided;
“{(cc) “India” means the territory of India excluding the State of Jammu and Kashmir;]
(@) “Indian Christian” means a native of India who is, or in good faith claims to be, of unmixed
Asiatic descent and who professes any form of the Christian religion;
(c) “minor” means any person subject to the Indian Majority Act, 1875 (9 of 1875) who has not
attained his majority within the meaning of that Act, and any other person who has not completed the
age of eighteen years; and “minority” means the status of any such person;
(f “probate” means the copy of a will certified under the seal of a court of competent jurisdiction
with a grant of administration to the estate of the testator;
5[(g) “State” includes any division of India having a court of the last resort;] and
(A) “will” means the legal declaration of the intention of a testator with respect to his property
which he desires to be carried into effect after his death
3. Power of State Government to exempt any race, sect or tribe in the State from operation of
Act—(I) The State Government may, by notification in the Official Gazette, either retrospectively from
the sixteenth day of March, 1865, or prospectively, exempt from the operation of any of the following
provisions of this Act, namely, sections 5 to 49 , 58 to 191, 212, 213 and 215 to 369, themembers of any
race, sect or tribe in the State, or of any part of such race, sect or tribe, to whom the State Government
considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order
I. The Act has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941), to Manipur by the Union Territories (Laws)
Amendment Act, 1956 (68 of 1956) and to Dadra and Nagar Haveli (we.. 1-7-1965) by Reg. 6 of 1963, s, 2 and the First
Schedule
2. The words “in the Provinces of Indi omitted by the A.O, 1950,
3. Ins. by Act 18 of 1929, 5.2 (we 1-10-1929),
4
Ins, by Act 3 of 1951, s, 3 and the Schedule (w.e.f: 1-4-1951)
Subs. by s.3 and the Schedule, ibid, for clause (ghweL 1-4-1951), (2) The State Government may, by a like notification, revoke any such order, but not so that the
revocation shall have retrospective effect.
(3) Persons exempted under this section or exempted from the operation of any of the provisions of
the Indian Succession Act, 1865! (10 of 1865), under section 332 of that Act are in this Act referred to as
“exempted persons”
PART IL
OF Dowace
4. Application of Part.—This Part shall not apply if the deceased was a Hindu, Muhammadan,
Buddhist, Sikh or Jaina,
5. Law regulating succession to deceased person’s immoveable and moveable property,
respectively—{/) Succession to the immoveable property in “[India], of a person deceased shall be
regulated by the law of [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
Mlustrations
(0 A, having his domicile in “[India), dies in France, leaving moveable property in France, moveable property
in England, and property, both moveable and immoveable, in *[India]. The succession to the whole is regulated by
the law of “[India},
(i) A, an Englishman, having his domicile in France, dics in *[India], and leaves property, both moveable and
immoveable, in "[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 “India
6. One domicile only affects succession to moveables.—A person can have only one domicile for
the purpose of the succession to his moveable property.
7. Domicile of origin of person of legitimate birth.—The domicile of origin of every person of
legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a
posthumous child, in the country in which his father was domiciled at the time of the father’s death.
Mlustration
At the time of the birth of A, his father was domiciled in England. A’s domicile of origin kiln England,
whatever may be the country in which he was born.
8. Domicile of origin of illegitimate child —The domicile of origin of an illegitimate child is in the
country in which, at the time of his birth, his mother was domiciled.
9. Continuance of domicile of origin.
been acquired,
The domicile of origin prevails until a new domicile has
10. Acquisition of new domicile—A man acquires a new domicile by taking up his fixed habitation
in a country which is not that of his domicile of origin.
Explanation—A man is not to be deemed to have taken up his fixed habitation in “[India} merely by
reason of his residing therein ‘[the civil, military, naval or air force service of Government], or in the
exercise of any profession or calling,
1. Rep. by this Act.
2 Subs. by Act 3 of 1951, 5.3 and the Schedule for “the States”
3. Subs. by the A.O. 1950, for “Tis Majesty's civil, military, naval or air Mlustrations
(i) A, whose domicile of origin is in England, proceeds to [India where he setls asa barister or a merchant,
intending to reside there during the remainder of his life. His domicile is now in '[India)
(i) A, whose domicile is in England, goes to Austria, and enters the Austrian service, intending to remain in
that service. A has acquired a domicile in Austria.
(iit) A, whose domicile of origin is in France, comes to reside in' [India] under an engagement with the Central
Government for a certain number of years. Its his intention to return to France at the end of that period. He does
not acquire a domicile in '[India]
(iv) A, whose domicile is in England, goes to reside in ‘[India] for the purpose of winding up the affairs of «
partnership which has been dissolved, and with the intention of returning to England as soon as that purpose is
accomplished, He does not by such residence acquire a domicile in [India], however, long the residence may last
(0) A, baving gone to reside in '[India] in the circumstances mentioned in the last preceding illustration,
aflerwards alters his intention, and takes up his fixed habitation in [India]. A has acquired a domicile in [India]
(vi) A, whose domicile is in the French Settlement of Chandemagore, is compelled by political events to take
refuge in Calcutta, and resides in Caleutta for many years in the hope of such political changes as may enable him to
return with safety to Chandernagore. He does not by such residence acquire a domicile in [India
(vii) A, having come to Calcutta in the circumstances stated in the last preceding illustration, continues to reside
thereafter such political changes have occurred as would enable him to return with safety to Chandernagore, and he
intends that his residence in Calcutta shall be permanent. A, has acquired a domicile in [India
11, Special mode of acquiring domicile in India —Any person may acquire a domicile in '{India] by
‘making and depositing in some office in [India] appointed in this behalf by the State Government, a
declaration in writing under his hand of his desire to acquire such domicile; provided that he has been
resident in 'fndia] for one year immediately preceding the time of his making such declaration.
12, Domicile not acquired by residence as representative of foreign Government, or as part of
his family.—A person who is appointed by the Government of one country to be its ambassador, consul
or other representative in another country does not acquire a domicile in the latter country by reason only
of residing there in pursuance of his appointment; nor does any other person acquire such domicile by
reason only of residing with such first-mentioned person as part of his family, or as a servant.
13. Continuance of new domicile.
resumed or another has been acquired.
A new domicile continues until the former domicile has been
14. Minor’s domicile.
derived his domicile of origin
The domicile of a minor follows the domicile of the parent from whom he
Exception—The domicile of a minor does not change with that of his parent, if the minor is married,
or holds any office or employment in the service of Government, or has set up, with the consent of the
parent, in any distinct business.
15, Domicile acquired by woman on marriage.—By marriage a woman acquires the domicile of
her husband, if she had not the same domicile before
16, Wife's dor
of her husband,
ile during marriage.—A wife’s domicile during her marriage follows the domicile
1. Subs. by Act 3 of 19S1,s.3 and the Schedule for “the States” Exception —Thewife’s domcile no longer follows that of her husband if they are separated by the
sentence of a competent Coutt, or if the husband is undergoing a sentence of transportation.
17. Minor’s acquisition of new domicile.—Save as hereinbefore otherwise provided in this Part, a
person cannot, during minority, acquire a new domicile.
18, Lunatic’s acquisition of new domicile —An insane person cannot acquire a new domicile in any
other way than by his domicile following the domicile of another person.
19, Succession to moveable property in India in absence of proof of domicile elsewhere.—If a
person dies leaving moveable property in [India], in the absence of proof of any domicile elsewhere,
succession to the property is regulated by the law of '[India}
PART III
MARRIAGE
20. Interests and powers not acquired nor lost by marriage—{/) No person shall, by marriage,
acquire any interest in the property of the person whom he or she marries or become incapable of doing
any act in respect of his or her own property which he or she could have done if unmarried.
(2) This section—
shall not apply to any marriage contracted before, the first day of January, 1866;
shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties,
to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh orJaina religion
21. Effect of marriage between person domiciled and one not domiciled in India—If a person
whose domicile is not in ‘[India] marries in ‘[India] a person whose domicile is in '[India}, neither party
acquires by the marriage any rights in respect of any property of the other party not comprised in a
settlement made previous to the marriage, which he or she would not acquire thereby if both were
domiciled in ‘[India] at the time of the marriage.
22, Settlement of minor’s property in contemplation of marriage—() The property of a minor
may be settled in contemplation of marriage, provided the settlement is made by the minor with the
approbation of the minor’s father, or, if the father is dead or absent from [India], with the approbation of
the High Court
(2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before
the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu,
Muhammadan, Buddhist, Sikh or Jaina.
PART IV
OF ConsANGUI
ay
cation of Part—Nothing in this Part shall apply to any will made or intestacy occurring
+t day of January, 1866, or to intestate or testamentary succession to the property of any
Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi
24, Kindred or consanguinity.—Kindred or consanguinity is the connection or relation of persons
descended from the same stock or common ancestor.
25, Lineal consanguinity—(/) Lineal consanguinity is that which subsists between two persons, one
of whom is descended in a direct line from the other, as between a man and his father, grandfather and
‘great-grandfather, and so upwards in the direct ascending line; or between a man andhis son, grandson,
‘great-grandson and so downwards in the direct descending line.
1. Subs. by Act 3 of 1951, s.3 and the Schedule for “the tates” (2) Every generation constitutes a degree, either ascending or descending,
(3) A person’s father is related to him in the first degree, and so likewise is his son; his grandfather
and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so
on,
26. Collateral consanguinity.—(/) Collateral consanguinity is that which subsists between two
persons who are decended from the same stock or ancestor, but neither of whom is descended in a direct
line from the other
(2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person
deceased, it is necessary to reckon upwards from the person deceased to the common stock and then
downwards to the collateral relative, a degree being allowed for each person, both ascending and
descending,
27. Persons held for purpose of succession to be similarly related to deceased.—For the purpose
of succession, there is no distinetion—
(a) between those who are related to a person deceased through his father, and those who are
related to him through his mother; or
(6) between those who are related to a person deceased by the full blood, and those who are
related to him by the half blood; or
(o) between those who were actually born in the lifetime of a person deceased and those who at
the date of his death were only conceived in the womb, but who have been subsequently born alive.
28, Mode of computing of degrees of kindred.—Degrees of kindred are computed in the manner set
forth in the table of kindred set out in Schedule I,
Mlustrations
(The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the
table, related in the fourth degree; there being one degree of ascent to the father, and another to the common
ancestor, the grandfather; and from him one of descent to the uncle, and another to the cousin-german, making in all
four degrees.
(i A grandson of the brother and a son of the uncle, ic., a great-nephew and & cousin-german, are in equal
degree, being each four degrees removed.
(i) A grandson of @ cousin-german is in the same degree as the grandson of a great-uncle, for they are both in
the sixth degree of kindred,
PART V
INTESTATE SUCCESSION
(CHAPTER L—Preliminary
29. Application of Part.—{/) This Part shall not apply to any intestacy occurring before the first day
of January, 1866, or to the property of any Lindu, Muhammadan, Buddhist, Sikh or Jaina.
(2) Save as provided in sub-section (1) or by any other law for the time being in foree, the provisions
of this Part shall constitute the law of “[India] in all cases of intestacy.
30. As to what property deceased considered to have died intestate—A person is deemed to die
intestate in respect of all property of which he has not made a testamentary disposition which is capable
of taking effect
1. Subs. by Act3 of 1951, s.3 and the Schedule for “the tates” Ilustrations
(A has left no will. He has died intestate in respect of the whole of his property
(i A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has
ied intestate in respect of the distribution of his property.
(iii) A has bequeathed his whole property for an illegal purpose, A has died intestate in respect of the
distribution of his property.
est son of C, and has made no other bequest;
before A without having ever had a son.
(iv) A as bequeathed 1,000 rupees to B and 1,000 rupees to the eld
‘and has died leaving the sum of 2,000 rupees and no other property. C
‘A has died intestate in respect ofthe distribution of 1,000 rupees.
CHAPTERIL—Rules in cases of Intestates other than Parsis
31. Chapter not to apply to Parsis.—Nothing in this Chapter shall apply to Parsis.
32, Devolution of such property.—The property of an intestate devolves upon the wife or husband,
‘or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter
contained in this Chapter.
33. Where intestate has left widow and lineal descendants, or widow and kindred only, or
widow and no kindred —Where the intestate has left a widow—
(a) if he has also left any lineal descendants, one-third of his property shall belong to his widow,
and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter
contained;
(b) [save as provided by section 33A], if he has left no lineal descendant, but has left persons
who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall
0 to those who are kindred to him, in the order and according to the rules hereinafter contained;
(Clif he has left none who are of kindred to him, the whole of his property shall belong to his
widow.
3[33A. Special provision where intestate has left widow and no lineal descendants.—(/) Where
the intestate has left a widow but no lineal descendants and the nett value of his property does not exceed
five thousand rupees, the whole of his property shall belong to the widow.
the widow shall be
(2) Where the nett value of the property exceeds the sum of five thousand rupee
entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such
sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent
per annum until payment
(3) The provision for the widow made by this section shall be in. addition and without prejudice to
her interest and share in the residue of the estate of such intestate remaining after payment of the said
sum of five thousand rupees with interest as aforesaid, and such residue shall be distributed in
accordance with the provisions of section 33 as if it were the whole of such intestate’s property,
(A) The nett value of the property shall be ascertained by deducting from the gross value thereof all
debts, and all funeral and administration expenses of the intestate, and all other lawful liabilities and
charges to which the property shall be subject.
1. The Explanation omitted by Act 26 of 2002, 2 (w.e£ 27-5-2002),
2 ns. by Act 40 of 1926, s. 2.
3.Ins. by s. 3, ibid. (5) This section shall not apply—
(a) to the property of —
(any Indian Chr
tian,
Gi) any child or grandchild of any male person who is or was at the time of his death an
Indian Christian, or
(ii) any person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to
whose property is, under section 24 of the Special Marriage Act, 1872 (3 of 1872), regulated by
the provisions of this Act;
(b) unless the deceased dies intestate in respect of all his property.]
34, Where intestate has left no widow, and where he has left no kindred.—Where the intestate
has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him,
not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are
of kindred to him, it shall go to the Government.
35. Rights of widower—A husband surviving his wife has the same rights in respect of her property,
if she dies intestate, as a widow has in respect of her husbands property, if he dies intestate.
Distribution where there are lineal descendants
36. Rules of distribution.—The rules for the distribution of the intestate’s property (after deducting
the widow's share, if he has left a widow) amongst his lineal descendants shall be those contained in
sections 37 to 40,
37. Where intestate has left child or children only.—Where the intestate has left surviving him a
child or children, but no more remote lineal descendant through a deceased child, the property shall
belong to his surviving child, if there is only one, or shall be equally divided among all his surviving
children,
38, Where intestate has left no child, but grandchild or grandchildren.—Where the intestate has
not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant
through a deceased grandchild, the property shall belong to his surviving grandchild if there is one, or
shall be equally divided among all his surviving grandchildren.
Mlustrations
(0 A haas three children, and no more, John, Mary and Henry. They all die before the father, John leaving two
children, Mary three and Henry four. Afterwards A dies intestate, leaving those nine grandchildren and no
descendant of any decreased grandchild, Each of his grandfather will have one-ninth.
(i) But if Henry has died, leaving no child, then the whole is equally divided between the intestate's five
‘grandchildren, the children of John and Mary.
39. Where intestate has left only great-grandchildren or remoter lineal descendants.—In like
‘manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate,
where they are all in the degree of great-grandchildren to him, or are all in a more remote degree.
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—{/) If the intestate has left lineal
descendants who do not all stand in the same degree of kindred to him, and the persons through whom the
more remote are descended from him are dead, the property shall be divided into such @ number of equal
shares as may correspond with the number of the lineal descendants of the intestate who either stood in
the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him,
died before him, leaving lineal descendants who survived him. (2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest
degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect ofeach
of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal
descendants shall belong to his surviving child or children or more remote lineal descendants, as the case
‘may be; such surviving child or children or more remote lineal descendants always taking the share which
his or their patent or parents would have been entitled to respectively if such parent or parents bad
survived the intestate,
IMlustrations
(0 A had three children, John, Mary and Henry; John died, leaving four children, and Mary died, leaving one,
and Henry alone survived the father. On the death of A, intestate, one-third is allotted to Henry, one-third to John’s
four children, and the remaining third to Mary’s one child.
(ii) A left no child, but Teft eight grandchildren, and two children of a deceased grandchild, The property is
divided into nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally divided
between the two great-grandehildren,
(iad) A has three children, John, Mary and Henry; John dies leaving four children; and one of John’s children
ies leaving two children. Mary dies leaving one child. A afterwards dies intestate, One-third of his property is
allotted to Henry, onc-third to Mary's child, and one-third is divided into four parts, onc of which is allotted to cach
‘of John’s three surviving children, and the remaining partis equally divided between John's two grandchildren.
(iv) A has two children, and no more, John and Mary. John dies before his father, leaving his wife pregnant.
‘Then A dies leaving Mary surviving him, and in due time a child of John is born. A's property is to be equally