THE INDIAN SUCCESSION ACT, ACT No. 39 OF 1*. [30th September, ] An Act to consolidate the law applicable to intestate and testamentary. LAW COMMISSION OF INDIA. ONE HUNDRED AND TENTH REPORT. ON. THE INDIAN succession Act, FEBRUARY, Act Info: Preamble1 - INDIAN SUCCESSION ACT, Part 1. Section1 - Short Section5 - Law regulating succession to deceased person's immovable and.
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Indian Succession Act, Bare Act. Indian Section Law regulating succession to deceased person's immoveable and moveable property, respectively. Download This Paper Open PDF in Browser Section 63 of the Indian Succession Act, declares the substantive law regarding the execution of an . The Indian Succession Act, Language English. Attachment File: PDF icon Download The file ( KB) pdf Icon. Act No.:
Effect of marriage between person domiciled and one not domiciled in India Section Kindred or consanguinity Section Lineal consanguinity Section Collateral consanguinity Section Preliminary Section Rules in cases of Intestates other than Parsis Section Devolution of such property Section Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred SectionA: Special provision where intestate has left widow and no lineal descendants Section Where intestate has left no widow, and where he has left no kindred Section Rights of widower Section Rules of distribution Section Where intestate has left child or children only Section Where intestate has left no child, but grandchild or grandchildren Section Where intestate has left only great-grandchildren or remoter lineal descendants Section 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 Section Rules of distribution where intestate has left no lineal descendants Section Introductory Section Application of certain provisions of Part to a class of wills made by Hindus, etc Section Of Wills and Codicils Section Person capable of making wills Section Testamentary guardian Section Will obtained by fraud, coercion or importunity Section Of the Execution of unprivileged Wills Section Of Privileged Wills Section Privileged wills Section Witness not disqualified by interest or by being executor Section Revocation of will by testator's marriage Section Of the construction of Wills Section Wording of will Section Inquiries to determine questions as to object or subject of will Section Misnomer or mi-description of object Section When words may be supplied Section Rejection of erroneous particulars in description of subject Section When part of description may not be rejected as erroneous Section Extrinsic evidence admissible in cases of patent ambiguity Section Extrinsic evidence inadmissible in case of patent ambiguity or deficiency Section Meaning of clause to be collected from entire will Section When words may be understood in restricted sense, and when in sense wider than usual Section No part rejected, if can be it reasonably construed Section Interpretation of words repeated in different parts of will Section Testator's intention to be effectuated as far as possible Section The last of two inconsistent clauses prevails Section Will or bequest void for uncertainty Section Words describing subject refer to property answering description at testator's death Section Power of appointment executed by general bequest Section Implied gift to objects of power in default of appointment Section Bequest to "heirs," etc.
Bequest to "representatives," etc. Bequest without words of limitation Section Bequest in alternative Section Effect of words describing a class added to bequest to person Section Bequest to class of persons under general description only Section Construction of terms Section Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate Section Rules of construction where will purports to make two bequests to same person Section Constitution of residuary legatee Section Property to which residuary legatee entitled Section Time of vesting legacy in general terms Section In what case legacy lapses Section Legacy does not lapse if one of two joint legatees die before testator Section Effect of words showing testator's intention to give distinct shares Section When lapsed share goes as undisposed of Section When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime Section Bequest to A for benefit of B does not lapse by A's death Section Right as executor or legatee when established.
To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person Section Effect of letters of administration Section Acts not validated by administration Section Probate only to appointed executor Section Persons to whom probate cannot be granted Section Grant of probate to several executors simultaneously or at different times Section Separate probate of codicil discovered after grant of probate Section Accrual of representation to surviving executor Section Effect of probate Section Administration, with copy annexed, of authenticated copy of will proved abroad Section Grant of administration where executor has not renounced Section Form and effect of renunciation of executor-ship Section Procedure where executor renounces or fails to accept within time limited Section Grant of administration to universal or residuary legatees Section Right to administration of representative of deceased residuary legatee Section Grant of administration where no executor, nor residuary legatee nor representative of such legatee Section Citation before grant of administration to legatee other than universal or residuary Section Of Limited Grants Grants limited in duration Section Probate of copy or draft of lost will Section Probate of contents of lost or destroyed will Section Probate of copy where original exists Section Administration until will produced Section Administration, with will annexed, to attorney of absent executor Section Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer Section Administration to attorney of absent person entitled to administer in case of intestacy Section Administration during minority of sole executor or residuary legatee Section Administration during minority of several executors or residuary legatees Section Administration for use and benefit of lunatic or minor Section Administration pendente lite Section Section - Creditor prima facie entitled to legacy as well as debt.
Section - Child prima facie entitled to legacy as well as portion. Section - No ademption by subsequent provision for legatee. Section - Circumstances in which election takes place.
Section - Devolution of interest relinquished by owner. Section - Testator's belief as to his ownership immaterial. Section - Bequest for man's benefit how regarded for purpose of election. Section - Person deriving benefit indirectly not put to election. Section - Person taking in individual capacity under Will may in other character elect to take in opposition.
Section - Exception to provisions of last six sections. Section - When acceptance of benefit given by Will constitutes election to take under Will. Section - Circumstances in which knowledge or waiver is presumed or inferred. Section - When testator's representatives may call upon legatee to elect. Section - Postponement of election in case of disability. Section - Property transferable by gift made in contemplation of death.
Section - Person claiming right by succession to property of deceased may apply for relief against wrongful possession. Section - Appointment of curator pending determination of proceeding. Section - Prohibition of exercise of certain powers by curators. Section - Curator to give security and may receive remuneration.
Section - Report from Collector where estate includes revenue-paying land. Section - Allowances to apparent owners pending custody by curator. Section - Inspection of accounts and right of interested party to keep duplicate.
Section - Bar to appointment of second curator for same property. Section - Limitation of time for application for curator. Section - Bar to enforcement of Part against public settlement or legal directions by deceased. Section - Court of Wards to be made curator in case of minors having property subject to its jurisdiction. Section - Effect of decision of summary proceeding.
Section - Character and property of executor or administrator as such. Section - Right as executor or legatee when established. Section - Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.
Section - Effect on certificate of subsequent probate or letters of administration. Section - Grantee of probate or administration alone to sue, etc. Section - To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. Section - Effect of letters of administration. Section - Acts not validated by administration.
Section - Probate only to appointed executor. Section - Persons to whom probate cannot be granted. Section - Grant of probate to several executors simultaneously or at different times. Section - Separate probate of codicil discovered after grant of probate. Section - Accrual of representation to surviving executor.
Section - Administration, with copy annexed, of authenticated copy of Will proved abroad. Section - Grant of administration where executor has not renounced. Section - Form and effect of renunciation of executorship.
Section - Procedure where executor renounces or fails to accept within time limited. Section - Grant of administration of universal or residuary legatees. Section - Right to administration of representative of deceased residuary legatees. Section - Grant of administration where no executor, nor residuary legatee, nor representative of such legatee.
Section - Citation before grant of administration to legatee other than universal or residuary. Section - To whom administration may not be granted. SectionA - Laying of rules before State Legislature. Section - Probate of copy or draft of lost Will. Section - Probate of contents of lost or destroyed Will.
Section - Probate of copy where original exists.
Section - Administration until Will produced. Section - Administration, with Will annexed, to attorney of absent executor. Section - Administration, with Will annexed, to attorney of absent person who, if present, would be entitled to administer.
Section - Administration, to attorney of absent person entitled to administer in case of intestacy. Section - Administration, during minority of sole executor or residuary legatee. Section - Administration, during minority of several executors or residuary legatees.
Section - Administration, for use and benefit of lunatic or minor. Section - Probate limited to purpose specified in Will. Section - Administration, with Will annexed, limited to particular purpose. Section - Administration, limited to property in which person has beneficial interest.
Section - Administration limited to purpose of becoming party to suit to be brought against administrator. Section - Administration limited to collection and preservation of deceased's property. Section - Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration. Section - Probate or administration, with Will annexed, subject to exception.
Section - Grants of the rest: Probate or administration of rest. Section - Rules as to grants of effects unadministered. Section - Administration when limited grant expired and still some part of estate unadministered.
Section - What errors may be rectified by Court. Section - Procedure where codicil discovered after grant of administration with Will annexed. Section - Revocation or annulment for just cause. Section - Jurisdiction of District Judge in granting and revoking probates, etc. Section - Power to appoint Delegate of District Judge to deal with non-contentious cases. Section - District Judge's powers as to grant of probate and administration.
Section - District Judge may order person to produce testamentary papers. Section - Proceedings of District Judge's Court in relation to probate and administration. Section - When and how District Judge to interfere for protection of property. Section - When probate or administration may be granted by District Judge.
Section - Disposal of application made to Judge of district in which deceased had no fixed abode. Section - Probate and letters of administration may be granted by Delegate. Section - Conclusiveness of probate or letters of administration.
Section - Transmission to High Courts of certificate of grants under proviso to section Section - Conclusiveness of application for probate or administration if properly made and verified. Section - In what cases translation of Will to be annexed to petition. Verification of translation by person other than Court translator.
Section - Petition for letters of administration.
Section - Addition to statement in petition, etc. Section - Petition for probate, etc. Section - Verification of petition for probate, by one witness to Will. Section - Punishment for false averment in petition or declaration. Section - Caveats against grant of probate or administration.
Section - After entry of caveat, no proceeding taken on petition until after notice to caveator. Section - District Delegate when not to grant probate or administration.
Section - Power to transmit statement to District Judge in doubtful cases where no contention. Section - Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court. Section - Grant of probate to be under seal of Court. Section - Grant of letters of administration to be under seal of Court. Section - Assignment of administration-bond. Section - Time for grant of probate and administration.
Section - Filing of original Wills of which probate or administration with Will annexed granted. Section - Surrender of revoked probate or letters of administration. Section - Payment to executor or administrator before probate or administration revoked.
Section - Power to refuse letters of administration. Section - Appeals from orders of District Judge. Section - Concurrent jurisdiction of High Court. Section - Removal of executor or administrator and provision for successor. Section - Directions to executor or administrator. Section - Liability of executor of his own wrong. Section - In respect of causes of action surviving deceased and debts due at death.
Section - Demands and rights of action of or against deceased survive to and against executor or administrator. Section - Power of executor or administrator to dispose of property. Section - download by executor or administrator of deceased's property.
Indian Succession Act, 1925- Bare Act
Section - Powers of several executors or administrators exercisable by one. Section - Survival of powers on death of one of several executors or administrators. Section - Powers of administrator of effects unadministered. Section - Powers of administrator during minority. Section - Powers of married executrix or administratrix. Section - Inventory to include property in any part of India in certain cases.
Section - As to property of, and debts owing to, deceased. Section - Expenses to be paid before all debts. Section - Expenses to be paid next after such expenses.
Section - Wages for certain services to be next paid, and then other debts. Section - Save as aforesaid, all debts to be paid equally and rateably. Section - Application of movable property to payment of debts where domicile not in India. Section - Executor or administrator not bound to pay legacies without indemnity.
Section - Non-abatement of specific legacy when assets sufficient to pay debts. Section - Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses. Section - Rateable abatement of specific legacies. Section - Legacies treated as general for purpose of abatement.
Section - Assent necessary to complete legatee's title. Section - Effect of executor's assent to specific legacy. Section - Assent of executor to his own legacy. Section - Executor when to deliver legacies.
Section - Commencement of annuity when no time fixed by Will. Section - When annuity, to be paid quarterly or monthly, first falls due. Section - Dates of successive payments when first payment directed to be made within a given time or on day certain: Section - Investment of sum bequeathed, where legacy, not specific given for life.
Consumer & Legal
Section - Investment of general legacy, to be paid at future time, disposal of intermediate interest. Section - Procedure when no fund charged with, or appropriated to annuity. Section - Transfer to residuary legatee of contingent bequest. Section - Investment of residue bequeathed for life, without direction to invest in particular securities. Section - Investment of residue bequeathed for life, with direction to invest in specified securities. Section - Time and manner of conversion and Investment.
Section - Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf. Section - Legatee's title to produce of specific legacy.
Section - Residuary legatee's title to produce of residuary fund. Section - Interest when no time fixed for payment of general legacy. Section - No interest on arrears of annuity within first year after testator's death. Section - Interest on sum to be invested to produce annuity. Section - Refund of legacy paid under Court's orders.
Hindu Succession Act, 1956
Section - Refund when legacy has become due on performance of condition within further time allowed under section Section - When each legatee compellable to refund in proportion. Section - Creditor may call upon legatee to refund. Section - When legatee, not satisfied or compelled to refund under section , cannot oblige one paid in full to refund.
Section - When unsatisfied legatee must first proceed against executor, if solvent. Section - Limit to refunding of one legatee to another. Section - Residue after usual payments to be paid to residuary legatee.Section - Administration, with copy annexed, of authenticated copy of Will proved abroad. With the fall of value of rupee the th Report recommended for amendment in the provision.
Despite such recommendation in for exempting Christians from the applicability of s. Section56 - Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.
If the deceased has no children or grandchildren but a widow who survives him, one-half of his property shall belong to the widow and another half is for his kindred. Punishment for false averment in petition or declaration Section