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Grants limited in duration








237

Probate of copy or draft of lost will

238

Probate of contents of lost or 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 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 legatees

246

Administration, for use and benefit of lunatic or minor

247

Administration, pendent lite









Grants for special purposes








248

Probate limited to purpose specified in will

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

254

Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration









Grants with exception








255

Probate or administration, with will annexed, subject to exception

256

Administration with exception









Grants of the rest








257

Probate or administration of rest









Grant of effects unadministered








258

Grant of effects unadministered

259

Rules as to grants of effects unadministered

260

Administration when limited grant expired and still some part of estate unadministered







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




Form of caveat

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, or 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 bond

292

Assignment of administration-bond

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 movable 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 XI

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 to 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







PART X

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







PART XI

MISCELLANEOUS







391

Saving

392

Repealed







SCHEDULES










SCHEDULE I




SCHEDULE II




SCHEDULE III




SCHEDULE IV




SCHEDULE V




SCHEDULE VI




SCHEDULE VII




SCHEDULE VIII




SCHEDULE IX








The Indian Succession Act, 1925


INTRODUCTION

"Succession" means capable of comprehending every kind of passing of property. When the British settled down to govern India, they were faced with the task of ascertaining the nature and incidents of the laws to be administered. With reference to the two main communities inhabiting the country, namely, the Hindus and Mohammadans, there was no much difficulty in the matter, because each of these communities had its own personal laws embodied in its sacred texts, but there were other smaller section of the population which belonged to neither of these communities and in those cases it was not proper to administer the laws of a religion to which they did not owe any adherence or commitment. Amongst such minor communities were the Christians and Parsis. It was then thought the enactment of a law of succession mainly based on the English Law might meet the requirement, and that with suitable modifications and safeguards the same might be embodied in statute.


Act 39 of 1925
The Indian Succession Bill received the assent of the Governor-General on 30th September, 1925 and became The Indian Succession Act, 1925 (39 of 1925).
List of Amending Acts and Adaptation Orders
1. The Indian Succession (Amendment) Act, 1926 (37 of 1926).
2. The Indian Succession (Second Amendment) Act, 1926 (40 of 1926).
3. The Repealing and Amending Act, 1927 (10 of 1927).
4. The Repealing Act, 1927 (12 of 1927).
5. The Indian Succession (Amendment) Act, 1927 (18 of 1927).
6. The Indian Succession (Amendment) Act, 1928 (14 of 1928).
7. The Indian Succession (Amendment) Act, 1929 (18 of 1929).
8. The Transfer of Property (Amendment) Supplementary Act, 1929 (21 of 1929).
9. The Indian Succession (Amendment) Act, 1931 (17 of 1931).
10. The Amending Act, 1934 (35 of 1934).
11. The Government of India (Adaptation of Indian Laws) Order, 1937.
12. The Repealing Act, 1938 (1 of 1938).
13. The Indian Succession (Amendment) Act, 1939 (17 of 1939).
14. The Berar Laws Act, 1941 (4 of 1941).
15. The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.
16. The Indian Succession (Amendment) Act, 1949 (35 of 1949).
17. The Adaptation of Laws Order, 1950.
18. The Part B States (Laws) Act, 1951 (3 of 1951).
19. The Repealing and Amending Act, 1952 (48 of 1952).
20. The Repealing and Amending Act, 1953 (42 of 1953).
21. The Union Territories (Laws) Amendment Act, 1956 (68 of 1956).
22. The Indian Succession (Amendment) Act, 1957 (34 of 1957).
23. The Indian Succession (Amendment) Act, 1962 (16 of 1962).
24. The Repealing and Amending Act, 1964 (52 of 1964).
25. The Delegated Legislation Provisions (Amendment) Act, 1983 (20 of 1983).
26. The Indian Succession (Amendment) Act, 1991 (51 of 1991).

THE INDIAN SUCCESSION ACT, 1925

(39 of 1925)



[30th September, 1925

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

Whereas it is expedient to consolidate the law applicable to intestate and testamentary succession * * *. It is hereby enacted as follows: —


PART I - 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;
(b) "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;
(bb) "District Judge" means the Judge of a principal civil court of original jurisdiction;
(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;
(d) "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;
(e) "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;
(g) "State" includes any division of India having a court of the last resort; and
(h) "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
(1) 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, the members 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.
(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, 18651 (10 of 1865), under section 332 of that Act are in this Act referred to as "exempted persons".

PART II - OF DOMICILE
4. Application of Part
This Part shall not apply if the deceased was a Hindu, Mohammedan, Buddhist, Sikh or Jain.

5. Law regul ovable property in France, movable property in England and property, both movable and immovable, in India. The succession to the whole is regulated by the law of India.
(ii) A, an Englishman, having his domicile in France, dies in India and leaves property both movable and immovable, in India. The succession to the movable property is regulated by the rules which govern, in France, the succession to the movable property of an Englishman dying domiciles in France, and the succession to the immovable property is regulated by law of India.

6. One domicile only affects succession to movables
A person can have only one domicile for the purpose of the succession to his movable 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.

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