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The Indian Succession Act, 1925

CONTENTS





Sections

Details











Introduction







Part I

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







Part II

of domicile







4

Application of Part

5

Law regulating succession to deceased person’s immovable and movable property, respectively

6

One domicile only affects succession to movables

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 movable property in India in absence of proof of domicile elsewhere







PART III

MARRIAGE







20

Interests and powers not acquired nor lost by marriage

21

Effect of marriage between person domiciled and one nor domicile in India

22

Settlement of minor’s property in contemplation of marriage







PART IV

of Consanguinity







23

Application of Part Sections Page

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







PART V

Intestate succession







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 descendants


36

Rules of distribution

37

Where intestate has left child or children only

38

Where intestate has left no child, but grand-child or grand-children

39

Where intestate has left only great-grand-children 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 decended 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 13

52

[Repealed

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 of any lineal descendant

55

Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow 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 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 will

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

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