Indian Succession Act

An Act to consolidate the law applicable to intestate and testamentary succession.

Act Id	192539
Act Number	39
Enactment Date	1925-09-30
Act Year	1925
Ministry	Ministry of Law and Justice
Enforcement Date	30-09-1925

PRELIMINARY
- 1 Short title
- 2 Definitions
- 3 Power of State Government to exempt any race, sect or tribe in the State from operation of Act
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
MARRIAGE
- 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
OF CONSANGUINITY
- 23 Application of Part
- 24 Kindred or consanguinity
- 25 Lineal consanguinity
- 26 Collateral consanguinity
- 27 Persons held for purpose of succession to be similarly related to deceased
- 28 Mode of computing of degrees of kindred
CHAPTER I.--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 descendant
- 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 or sister, and children of any deceased brother or sister, living
- 45 Where intestate’s father dead and his mother and children of any deceased 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 III.--Special Rules for Parsi Intestates
- 50 General principles relating to intestate succession
- 51 Division of intestate’s property among widow, widower, children and parents
- 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 or 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
CHAPTER I.--Introductory
- 57 Application of certain provisions of Part to a class of wills made by Hindus, etc
- 58 General application of Part
CHAPTER II--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 III.--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 gift 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, interlineation or alteration in unprivileged will
- 72 Revocation of privileged will or 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
- 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, if it 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
- 88 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”, etc., 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 Effect 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 VII.--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
- 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 Effect of direction for accumulation
- 118 Bequest to religious or charitable uses
CHAPTER VIII.--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 cease to have effect in case a specified uncertain event shall happen, or not happen
- 135 Such condition must not be invalid under section 120
- 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 Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud
CHAPTER XII.--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
- 140 Bequest of fund for certain purposes, some of which cannot be fulfilled
CHAPTER XIII.--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 legacies
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 specific legacy
CHAPTER XVI.--Of Ademption of Legacies
- 152 Ademption explained
- 153 Non-ademption of demonstrative legacy
- 154 Ademption of specific bequest of right to receive something from third party
- 155 Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed
- 156 Ademption pro 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 legatee, 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 Ademption pro 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
- 168 Compeletion of testator’s title 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 XVIII.--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 XXI.--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
CHAPTER--XXII.--Of Election
- 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 elect 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 XXIII.--Of Gifts in Contemplation of Death
- 191 Property transferable by gift made in contemplation of death
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
- 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 Effect of decision of summary proceeding
- 210 Appointment of public curators
REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION
- 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
PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
- 217 Application of Part
CHAPTER I.--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
- 224 Grant of probate to several executors simultaneously or at different times
- 225 Separate probate of codicil discovered after grant of probate
- 226 Accrual 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
- 232 Grant of administration to universal or residuary legatees
- 233 Right to administration of representative of deceased residuary legatee
- 234 Grant of administration where no executor, nor residuary legatee 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 III.--Alteration and Revocation of Grants
- 261 What errors may be rectified by Court
- 262 Procedure where codicil discovered after grant of administration with will annexed
- 263 Revocation or annulment for just cause
CHAPTER IV.--Of the Practice in granting and revoking Probates and Letters of Administration
- 264 Jurisdiction of District Judge in granting and revoking probates, etc
- 265 Power to appoint delegate of District Judge to deal with non-contentious cases
- 266 District Judge’s powers as to grant of probate and administration
- 267 District Judge may order person to produce testamentary papers
- 268 Proceedings of District Judge’s Court in relation to probate and administration
- 269 When and how District Judge to interfere for protection of property
- 270 When probate or administration may be granted by District Judge
- 271 Disposal of application made to Judge of district in which deceased had no fixed abode
- 272 Probate and letters of administration may be granted by Delegate
- 273 Conclusiveness of probate or letters of administration
- 274 Transmission to High Courts of certificate of grants under proviso to section 273
- 275 Conclusiveness of application for probate or administration if properly made and verified
- 276 Petition for probate
- 277 In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
- 278 Petition for letters of administration
- 279 Addition to statement in petition, etc., for probate or letters of administration in certain cases
- 280 Petition for probate, etc., to be signed and verified
- 281 Verification of petition for probate, by one witness to will
- 282 Punishment for false averment in petition or declaration
- 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 District Delegate when not to grant probate or administration
- 287 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 administration should be refused in his Court
- 289 Grant of probate to be under seal of Court
- 290 Grant of letters of administration to be under seal of Court
- 291 Administration-bon
- 292 Assignment of administration-bon
- 293 Time for grant of probate and administration
- 294 Filing of original wills of which probate or administration with will annexed granted
- 295 Procedure in contentious cases
- 296 Surrender of revoked probate or letters of administration
- 297 Payment to executor or administrator before probate or administration revoked
- 298 Power to refuse letters of administration
- 299 Appeals from orders of District Judge
- 300 Concurrent jurisdiction of High Court
- 301 Removal of executor or administrator and provision for successor
- 302 Directions to executor or administrator
CHAPTER V.--Of Executors of their own Wrong
- 303 Executor of his own wrong
- 304 Liability of executor of his own wrong
CHAPTER VI.--Of the Powers of an Executor or Administrator
- 305 In respect of causes of action surviving deceased and debts due at death
- 306 Demands and rights of action of or against deceased survive to and against executor or administrator
- 307 Power of executor or administrator to dispose of property
- 308 General powers of administration
- 309 Commission or agency charges
- 310 Purchase by executor or administrator of deceased’s property
- 311 Powers of several executors or administrators exercisable by one
- 312 Survival of powers on death of one of several executors or administrators
- 313 Powers of administrator of effects unadministered
- 314 Powers of administrator during minority
- 315 Powers of married executrix or administratrix
CHAPTER VII.--Of the Duties of an Executor or Administrator
- 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 Expenses to be paid next after such expenses
- 322 Wages for certain services to be next paid, and then other debts
- 323 Save as aforesaid, all debts to be paid equally and rateably
- 324 Application of moveable property to payment of debts where domicile not in India
- 325 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 specific legacies
- 331 Legacies treated as general for purpose of abatement
CHAPTER VIII.--Of assent to a legacy by Executor or Administrator
- 332 Assent necessary to complete legatee’s title
- 333 Effect of executor’s assent to specific legacy
- 334 Conditional assent
- 335 Assent of executor to his own legacy
- 336 Effect of executor’s assent
- 337 Executor when to deliver legacies
CHAPTER IX.--Of the Payment and Apportionment of Annuities
- 338 Commencement of annuity when no time fixed by will
- 339 When annuity, to be paid quarterly or monthly, first falls due
- 340 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
- 341 Investment of sum bequeathed, where legacy, not specific, given for life
- 342 Investment of general legacy, to be paid at future time: disposal of intermediate, interest
- 343 Procedure when no fund charged with, or appropriated to, annuity
- 344 Transfer to residuary legatee of contingent bequest
- 345 Investment of residue bequeathed for life, without direction to invest in particular securities
- 346 Investment of residue bequeathed for life, with direction to invest in specified securities
- 347 Time and manner of conversion and investment
- 348 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
- 349 Legatee’s title to produce of specific legacy
- 350 Residuary legatee’s title to produce of residuary fund
- 351 Interest when no time fixed for payment of general legacy
- 352 Interest when time fixed
- 353 Rate of interest
- 354 No interest on arrears of annuity within first year after testator’s death
- 355 Interest on sum to be invested produce annuity
CHAPTER XII.--Of the Refunding of Legacies
- 356 Refund of legacy paid under Court’s orders
- 357 No refund if paid voluntarily
- 358 Refund when legacy has become due on performance of condition within further time allowed under section 137
- 359 When each legatee compellable to refund in proportion
- 360 Distribution of assets
- 361 Creditor may call upon legatee to refund
- 362 When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
- 363 When unsatisfied legatee must first proceed against executor, if solvent
- 364 Limit to refunding of one legatee to another
- 365 Refunding to be without interest
- 366 Residue after usual payments to be paid to residuary legatee
- 367 Transfer of assets from India to executor or administrator in country of domicile for distribution
CHAPTER XIII.--Of the Liability of an Executor or Administrator for Devastation
- 368 Liability of executor or administrator for devastation
- 369 Liability of executor or administrator for neglect to get any part of property
SUCCESSION CERTIFICATES
- 370 Restriction on grant of certificates under this part
- 371 Court having jurisdiction to grant certificate
- 372 Application for certificate
- 373 Procedure on application
- 374 Contents of certificate
- 375 Requisition of security from grantee of certificate
- 376 Extension of certificate
- 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 Effect 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
MISCELLANEOUS
- 391 Saving
- 392 [Repealed.]