Act 39 of 1925

The Indian Succession Act, 1925

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

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1925-09-30
  • 393 sections
SectionTitle
1 Short title. Read
2 Definitions. Read
3 Power of State Government to exempt any race, sect or tribe in the State from operation of Act. Read
4 Application of Part. Read
5 Law regulating succession to deceased person’s immoveable and moveable property, respectively. Read
6 One domicile only affects succession to moveables. Read
7 Domicile of origin of person of legitimate birth. Read
8 Domicile of origin of illegitimate child. Read
9 Continuance of domicile of origin. Read
10 Acquisition of new domicile. Read
11 Special mode of acquiring domicile in India. Read
12 Domicile not acquired by residence as representative of foreign Government, or as part of his family. Read
13 Continuance of new domicile. Read
14 Minor’s domicile. Read
15 Domicile acquired by woman on marriage. Read
16 Wife’s domicile during marriage. Read
17 Minor’s acquisition of new domicile. Read
18 Lunatic’s acquisition of new domicile. Read
19 Succession to moveable property in India in absence of proof of domicile elsewhere. Read
20 Interests and powers not acquired nor lost by marriage. Read
21 Effect of marriage between person domiciled and one not domiciled in India. Read
22 Settlement of minor’s property in contemplation of marriage. Read
23 Application of Part. Read
24 Kindred or consanguinity. Read
25 Lineal consanguinity. Read
26 Collateral consanguinity. Read
27 Persons held for purpose of succession to be similarly related to deceased. Read
28 Mode of computing of degrees of kindred. Read
29 Application of Part. Read
30 As to what property deceased considered to have died intestate. Read
31 Chapter not to apply to Parsis. Read
32 Devolution of such property. Read
33 Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred. Read
33A Special provision where intestate has left widow and no lineal descendants. Read
34 Where intestate has left no widow, and where he has left no kindred. Read
35 Rights of widower. Read
36 Rules of distribution. Read
37 Where intestate has left child or children only. Read
38 Where intestate has left no child, but grandchild or grandchildren. Read
39 Where intestate has left only great-grandchildren or remoter lineal descendants. Read
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. Read
41 Rules of distribution where intestate has left no lineal descendants. Read
42 Where intestate’s father living. Read
43 Where intestate’s father dead, but his mother, brothers and sisters living. Read
44 Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living. Read
45 Where intestate’s father dead and his mother and children of any deceased brother or sister living. Read
46 Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece. Read
47 Where intestate has left neither lineal descendant, nor father, nor mother. Read
48 Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister. Read
49 Children’s advancements not brought into hotchpot. Read
50 General principles relating to intestate succession. Read
51 Division of intestate’s property among widow, widower, children and parents. Read
53 Division of share of predeceased child of intestate leaving lineal descendants. Read
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. Read
55 Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant. Read
56 Division of property where there is no relative entitled to succeed under the other provisions of this Chapter. Read
57 Application of certain provisions of Part to a class of wills made by Hindus, etc. Read
58 General application of Part. Read
59 Person capable of making wills. Read
60 Testamentary guardian. Read
61 Will obtained by fraud, coercion or importunity. Read
62 Will may be revoked or altered. Read
63 Execution of unprivileged wills. Read
64 Incorporation of papers by reference. Read
65 Privileged wills. Read
66 Mode of making, and rules for executing, privileged wills. Read
67 Effect of gift to attesting witness. Read
68 Witness not disqualified by interest or by being executor. Read
69 Revocation of will by testator’s marriage. Read
70 Revocation of unprivileged will or codicil. Read
71 Effect of obliteration, interlineation or alteration in unprivileged will. Read
72 Revocation of privileged will or codicil. Read
73 Revival of unprivileged will. Read
74 Wording of wills. Read
75 Inquiries to determine questions as to object or subject of will. Read
76 Misnomer or misdescription of object. Read
77 When words may be supplied. Read
78 Rejection of erroneous particulars in description of subject. Read
79 When part of description may not be rejected as erroneous. Read
80 Extrinsic evidence admissible in cases of patent ambiguity. Read
81 Extrinsic evidence inadmissible in case of patent ambiguity or deficiency. Read
82 Meaning or clause to be collected from entire Will. Read
83 When words may be understood in restricted sense, and when in sense wider than usual. Read
84 Which of two possible constructions preferred. Read
85 No part rejected, if it can be reasonably construed. Read
86 Interpretation of words repeated in different parts of will. Read
87 Testator’s intention to be effectuated as far as possible. Read
88 The last of two inconsistent clauses prevails. Read
89 Will or bequest void for uncertainty. Read
90 Words describing subject refer to property answering description at testator’s death. Read
91 Power of appointment executed by general bequest. Read
92 Implied gift to objects of power in default of appointment. Read
93 Bequest to “heirs,” etc., of particular person without qualifying terms. Read
94 Bequest to “representatives”, etc., of particular person. Read
95 Bequest without words of limitation. Read
96 Bequest in alternative. Read
97 Effect of words describing a class added to bequest to person. Read
98 Bequest to class of persons under general description only. Read
99 Construction of terms. Read
100 Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate. Read
101 Rules of construction where will purports to make two bequests to same person. Read
102 Constitution of residuary legatee. Read
103 Property to which residuary legatee entitled. Read
104 Time of vesting legacy in general terms. Read
105 In what case legacy lapses. Read
106 Legacy does not lapse if one of two joint legatees die before testator. Read
107 Effect of words showing testator’s intention to give distinct shares. Read
108 When lapsed share goes as undisposed of. Read
109 When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime. Read
110 Bequest to A for benefit of B does not lapse by A’s death. Read
111 Survivorship in case of bequest to described class. Read
112 Bequest to person by particular description, who is not in existence at testator’s death. Read
113 Bequest to person not in existence at testator’s death subject to prior bequest. Read
114 Rule against perpetuity. Read
115 Bequest to a class some of whom may come under rules in sections 113 and 114. Read
116 Bequest to take effect on failure of prior bequest. Read
117 Effect of direction for accumulation. Read
118 Bequest to religious or charitable uses. Read
119 Date of vesting of legacy when payment or possession postponed. Read
120 Date of vesting when legacy contingent upon specified uncertain event. Read
121 Vesting of interest in bequest to such members of a class as shall have attained particular age. Read
122 Onerous bequests. Read
123 One of two separate and independent bequests to same person may be accepted, and other refused. Read
124 Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence. Read
125 Bequest to such of certain persons as shall be surviving at some period not specified. Read
126 Bequest upon impossible condition. Read
127 Bequest upon illegal or immoral condition. Read
128 Fulfilment of condition precedent to vesting of legacy. Read
129 Bequest to A and on failure of prior bequest to B. Read
130 When second bequest not to take effect on failure of first. Read
131 Bequest over, conditional upon happening or not happening of specified uncertain event. Read
132 Condition must be strictly fulfilled. Read
133 Original bequest not affected by invalidity of second. Read
134 Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen. Read
135 Such condition must not be invalid under section 120. Read
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. Read
137 Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud. Read
138 Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person. Read
139 Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee. Read
140 Bequest of fund for certain purposes, some of which cannot be fulfilled. Read
141 Legatee named as executor cannot take unless be shows intention to act as executor. Read
142 Specific legacy defined. Read
143 Bequest of certain sum where stocks, etc., in which invested are described. Read
144 Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind. Read
145 Bequest of money where not payable until part of testator’s property disposed of in certain way. Read
146 When enumerated articles not deemed specifically bequeathed. Read
147 Retention, in form, of specific bequest to several persons in succession. Read
148 Sale and investment of proceeds of property bequeathed to two or more persons in succession. Read
149 Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies. Read
150 Demonstrative legacy defined. Read
151 Order of payment when legacy directed to be paid out of fund the subject of specific legacy. Read
152 Ademption explained. Read
153 Non-ademption of demonstrative legacy. Read
154 Ademption of specific bequest of right to receive something from third party. Read
155 Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed. Read
156 Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed. Read
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. Read
158 Ademption where stock, specifically bequeathed, does not exist at testator’s death. Read
159 Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death. Read
160 Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal. Read
161 When removal of thing bequeathed does not constitute ademption. Read
162 When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it. Read
163 Change by operation of law of subject of specific bequest between date of will and testator’s death. Read
164 Change of subject without testator’s knowledge. Read
165 Stock specifically bequeathed lent to third party on condition that it be replaced. Read
166 Stock specifically bequeathed sold but replaced, and belonging to testator at his death. Read
167 Non-liability of executor to exonerate specific legatees. Read
168 Compeletion of testator’s title to things bequeathed to be at cost of his estate. Read
169 Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically. Read
170 Exoneration of specific legatee’s stock in joint-stock company. Read
171 Bequest of thing described in general terms. Read
172 Bequest of interest or produce of fund. Read
173 Annuity created by will payable for life only unless contrary intention appears by will. Read
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. Read
175 Abatement of annuity. Read
176 Where gift of annuity and residuary gift, whole annuity to be first satisfied. Read
177 Creditor prima facie entitled to legacy as well as debt. Read
178 Child prima facie entitled to legacy as well as portion. Read
179 No ademption by-subsequent provision for legatee. Read
180 Circumstances in which election takes place. Read
181 Devolution of interest relinquished by owner. Read
182 Testator’s belief as to his ownership immaterial. Read
183 Bequest for man’s benefit how regarded for purpose of election. Read
184 Person deriving benefit indirectly not put to election. Read
185 Person taking in individual capacity under will may In other character elect to take in opposition. Read
186 Exception to provisions of last six sections. Read
187 When acceptance of benefit given by will constitutes election to take under will. Read
188 Circumstances in which knowledge or waiver is presumed or inferred. Read
189 When testator’s representatives may call upon legatee to elect. Read
190 Postponement of election in case of disability. Read
191 Property transferable by gift made in contemplation of death. Read
192 Person claiming right by succession to property of deceased may apply for relief against wrongful possession. Read
193 Inquiry made by Judge. Read
194 Procedure. Read
195 Appointment of curator pending determination of proceeding. Read
196 Powers conferrable on curator. Read
197 Prohibition of exercise of certain powers by curators. Read
198 Curator to give security and may receive remuneration. Read
199 Report from Collector where estate includes revenue paying land. Read
200 Institution and defence of suits. Read
201 Allowances to apparent owners pending custody by curator. Read
202 Accounts to be filed by curator. Read
203 Inspection of accounts and right of interested party to keep duplicate. Read
204 Bar to appointment of second curator for same property. Read
205 Limitation of time for application for curator. Read
206 Bar to enforcement of Part against public settlement or legal directions by deceased. Read
207 Court of Wards to be made curator in case of minors having property subject to its jurisdiction. Read
208 Saving of right to bring suit. Read
209 Effect of decision of summary proceeding. Read
210 Appointment of public curators. Read
211 Character and property of executor or administrator as such. Read
212 Right to intestate’s property. Read
213 Right as executor or legatee when established. Read
214 Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons. Read
215 Effection certificate of subsequent probate or letters of administration. Read
216 Grantee of probate or administration alone to sue, etc., until same revoked. Read
217 Application of Part. Read
218 To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person. Read
219 Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person. Read
220 Effect of letters of administration. Read
221 Acts not validated by administration. Read
222 Probate only to appointed executor. Read
223 Persons to whom probate cannot be granted. Read
224 Grant of probate to several executors simultaneously or at different times. Read
225 Separate probate of codicil discovered after grant of probate. Read
226 Accrual of representation to surviving executor. Read
227 Effect of probate. Read
228 Administration, with copy annexed, of authenticated copy of will proved abroad. Read
229 Grant of administration where executor has not renounced. Read
230 Form and effect of renunciation of executorship. Read
231 Procedure where executor renounces or fails to accept within time limited. Read
232 Grant of administration to universal or residuary legatees. Read
233 Right to administration of representative of deceased residuary legatee. Read
234 Grant of administration where no executor, nor residuary legatee nor representative of such legatee. Read
235 Citation before grant of administration to legatee other than universal or residuary. Read
236 To whom administration may not be granted. Read
236A Laying of rules before State Legislature. Read
237 Probate of copy or draft of lost will. Read
238 Probate of contents or lost of destroyed will. Read
239 Probate of copy where original exists. Read
240 Administration until will produced. Read
241 Administration, with will annexed, to attorney of absent executor. Read
242 Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer. Read
243 Administration to attorney of absent person entitled to administer in case of intestacy. Read
244 Administration during minority of sole executor or residuary legatee. Read
245 Administration during minority of several executors or residuary legatee. Read
246 Administration for use and benefit of lunatic or minor. Read
247 Administration pendente lite. Read
248 Probate limited to purpose specified in will. Read
249 Administration, with will annexed, limited to particular purpose. Read
250 Administration limited to property in which person has beneficial interest. Read
251 Administration limited to suit. Read
252 Administration limited to purpose of becoming party to suit to be brought against administrator. Read
253 Administration limited to collection and preservation of deceased’s property. Read
254 Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration. Read
255 Probate or administration, with will annexed, subject to exception. Read
256 Administration with exception. Read
257 Probate or administration of rest. Read
258 Grant of effects unadministered. Read
259 Rules as to grants of effects unadministered. Read
260 Administration when limited grant expired and still some part of estate unadministered. Read
261 What errors may be rectified by Court. Read
262 Procedure where codicil discovered after grant of administration with will annexed. Read
263 Revocation or annulment for just cause. Read
264 Jurisdiction of District Judge in granting and revoking probates, etc. Read
265 Power to appoint delegate of District Judge to deal with non-contentious cases. Read
266 District Judge’s powers as to grant of probate and administration. Read
267 District Judge may order person to produce testamentary papers. Read
268 Proceedings of District Judge’s Court in relation to probate and administration. Read
269 When and how District Judge to interfere for protection of property. Read
270 When probate or administration may be granted by District Judge. Read
271 Disposal of application made to Judge of district in which deceased had no fixed abode. Read
272 Probate and letters of administration may be granted by Delegate. Read
273 Conclusiveness of probate or letters of administration. Read
274 Transmission to High Courts of certificate of grants under proviso to section 273. Read
275 Conclusiveness of application for probate or administration if properly made and verified. Read
276 Petition for probate. Read
277 In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator. Read
278 Petition for letters of administration. Read
279 Addition to statement in petition, etc., for probate or letters of administration in certain cases. Read
280 Petition for probate, etc., to be signed and verified. Read
281 Verification of petition for probate, by one witness to will. Read
282 Punishment for false averment in petition or declaration. Read
283 Powers of District Judge. Read
284 Caveats against grant of probate or administration. Read
285 After entry of caveat, no proceeding taken on petition until after notice to caveator. Read
286 District Delegate when not to grant probate or administration. Read
287 Power to transmit statement to District Judge in doubtful cases where no contention. Read
288 Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court. Read
289 Grant of probate to be under seal of Court. Read
290 Grant of letters of administration to be under seal of Court. Read
291 Administration-bond Read
292 Assignment of administration-bondRead
293 Time for grant of probate and administration. Read
294 Filing of original wills of which probate or administration with will annexed granted. Read
295 Procedure in contentious cases. Read
296 Surrender of revoked probate or letters of administration. Read
297 Payment to executor or administrator before probate or administration revoked. Read
298 Power to refuse letters of administration. Read
299 Appeals from orders of District Judge. Read
300 Concurrent jurisdiction of High Court. Read
301 Removal of executor or administrator and provision for successor. Read
302 Directions to executor or administrator. Read
303 Executor of his own wrong. Read
304 Liability of executor of his own wrong. Read
305 In respect of causes of action surviving deceased and debts due at death. Read
306 Demands and rights of action of or against deceased survive to and against executor or administrator. Read
307 Power of executor or administrator to dispose of property. Read
308 General powers of administration. Read
309 Commission or agency charges. Read
310 Purchase by executor or administrator of deceased’s property. Read
311 Powers of several executors or administrators exercisable by one. Read
312 Survival of powers on death of one of several executors or administrators. Read
313 Powers of administrator of effects unadministered. Read
314 Powers of administrator during minority. Read
315 Powers of married executrix or administratrix. Read
316 As to deceased’s funeral. Read
317 Inventory and account. Read
318 Inventory to include property in any part of India in certain cases. Read
319 As to property of, and debts owing to, deceased. Read
320 Expenses to be paid before all debts. Read
321 Expenses to be paid next after such expenses. Read
322 Wages for certain services to be next paid, and then other debts. Read
323 Save as aforesaid, all debts to be paid equally and rateably. Read
324 Application of moveable property to payment of debts where domicile not in India. Read
325 Debts to be paid before legacies. Read
326 Executor or administrator not bound to pay legacies without indemnity. Read
327 Abatement of general legacies. Read
328 Non-abatement of specific legacy when assets sufficient to pay debts. Read
329 Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses. Read
330 Rateable abatement of specific legacies. Read
331 Legacies treated as general for purpose of abatement. Read
332 Assent necessary to complete legatee’s title. Read
333 Effect of executor’s assent to specific legacy. Read
334 Conditional assent. Read
335 Assent of executor to his own legacy. Read
336 Effect of executor’s assent. Read
337 Executor when to deliver legacies. Read
338 Commencement of annuity when no time fixed by will. Read
339 When annuity, to be paid quarterly or monthly, first falls due. Read
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. Read
341 Investment of sum bequeathed, where legacy, not specific, given for life. Read
342 Investment of general legacy, to be paid at future time: disposal of intermediate, interest. Read
343 Procedure when no fund charged with, or appropriated to, annuity. Read
344 Transfer to residuary legatee of contingent bequest. Read
345 Investment of residue bequeathed for life, without direction to invest in particular securities. Read
346 Investment of residue bequeathed for life, with direction to invest in specified securities. Read
347 Time and manner of conversion and investment. Read
348 Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf. Read
349 Legatee’s title to produce of specific legacy. Read
350 Residuary legatee’s title to produce of residuary fund. Read
351 Interest when no time fixed for payment of general legacy. Read
352 Interest when time fixed. Read
353 Rate of interest. Read
354 No interest on arrears of annuity within first year after testator’s death. Read
355 Interest on sum to be invested produce annuity. Read
356 Refund of legacy paid under Court’s orders. Read
357 No refund if paid voluntarily. Read
358 Refund when legacy has become due on performance of condition within further time allowed under section 137. Read
359 When each legatee compellable to refund in proportion. Read
360 Distribution of assets. Read
361 Creditor may call upon legatee to refund. Read
362 When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund. Read
363 When unsatisfied legatee must first proceed against executor, if solvent. Read
364 Limit to refunding of one legatee to another. Read
365 Refunding to be without interest. Read
366 Residue after usual payments to be paid to residuary legatee. Read
367 Transfer of assets from India to executor or administrator in country of domicile for distribution. Read
368 Liability of executor or administrator for devastation. Read
369 Liability of executor or administrator for neglect to get any part of property. Read
370 Restriction on grant of certificates under this part. Read
371 Court having jurisdiction to grant certificate. Read
372 Application for certificate. Read
373 Procedure on application. Read
374 Contents of certificate. Read
375 Requisition of security from grantee of certificate. Read
376 Extension of certificate. Read
377 Forms of certificate and extended certificate. Read
378 Amendment of certificate in respect of powers as to securities. Read
379 Mode of collecting court-fees on certificates. Read
380 Local extent of certificate. Read
381 Effect of certificate. Read
382 Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases. Read
383 Revocation of certificate. Read
384 Appeal. Read
385 Effect on certificate of previous certificate, probate or letters of administration. Read
386 Validation of certain payments made in good faith to holder of invalid certificate. Read
387 Effect of decisions under this Act, and liability of holder of certificate thereunder. Read
388 Investiture of inferior courts with jurisdiction of District Court for purposes of this Act. Read
389 Surrender of superseded and invalid certificates. Read
390 Provisions with respect to certificates under Bombay Regulation VIII of 1827. Read
391 Saving.Read
392 [Repealed.]. Read
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