The Indian Succession Act
An Act to consolidate the law applicable to intestate and testamentary succession.1925
List of Chapters & Sections
PRELIMINARY
OF DOMICILE
MARRIAGE
OF CONSANGUINITY
CHAPTER I.--Preliminary
CHAPTER II.--Rules in cases of Intestates other than Parsis
Distribution where there are lineal descendant
Distribution where there are no lineal descendants
CHAPTER III.--Special Rules for Parsi Intestates
CHAPTER I.--Introductory
CHAPTER II--Of Wills and Codicils
CHAPTER III.--Of the Execution of unprivileged Wills
CHAPTER IV.--Of privileged Wills
CHAPTER V.--Of the Attestation, Revocation, Alteration and Revival of Wills
CHAPTER VI.--Of the construction of Wills
CHAPTER VII.--Of void Bequests
CHAPTER VIII.--Of the vesting of Legacies
CHAPTER IX.--Of Onerous Bequests
CHAPTER X.--Of Contingent Bequests
CHAPTER XI.--Of Conditional Bequests
CHAPTER XII.--Of Bequests with Directions as to Application or Enjoyment
CHAPTER XIII.--Of Bequests to an Executor
CHAPTER XIV.--Of Specific Legacies
CHAPTER XV.--Of Demonstrative Legacies
CHAPTER XVI.--Of Ademption of Legacies
CHAPTER XVIII.--Of Bequests of Things described in General Terms
CHAPTER XIX.--Of Bequests of the Interest or Produce of a Fund
CHAPTER XX.--Of Bequests of Annuities
CHAPTER XXI.--Of Legacies to creditors and Portioners
CHAPTER--XXII.--Of Election
CHAPTER XXIII.--Of Gifts in Contemplation of Death
PROTECTION OF PROPERTY OF DECEASED
REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION
PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
CHAPTER I.--Of Grant of Probate and Letters of Administration
CHAPTER III.--Alteration and Revocation of Grants
CHAPTER IV.--Of the Practice in granting and revoking Probates and Letters of Administration
CHAPTER V.--Of Executors of their own Wrong
CHAPTER VI.--Of the Powers of an Executor or Administrator
CHAPTER VII.--Of the Duties of an Executor or Administrator
CHAPTER VIII.--Of assent to a legacy by Executor or Administrator
CHAPTER IX.--Of the Payment and Apportionment of Annuities
CHAPTER X.--Of the Investment of Funds to Provide for Legacies
CHAPTER XL.--Of the Produce and Interest of Legacies
CHAPTER XII.--Of the Refunding of Legacies
CHAPTER XIII.--Of the Liability of an Executor or Administrator for Devastation
SUCCESSION CERTIFICATES
MISCELLANEOUS
PRELIMINARY
OF DOMICILE
4Application of Part5Law regulating succession to deceased person’s immoveable and moveable property, respectively6One domicile only affects succession to moveables7Domicile of origin of person of legitimate birth8Domicile of origin of illegitimate child9Continuance of domicile of origin10Acquisition of new domicile11Special mode of acquiring domicile in India12Domicile not acquired by residence as representative of foreign Government, or as part of his family13Continuance of new domicile14Minor’s domicile15Domicile acquired by woman on marriage16Wife’s domicile during marriage17Minor’s acquisition of new domicile18Lunatic’s acquisition of new domicile19Succession to moveable property in India in absence of proof of domicile elsewhereMARRIAGE
OF CONSANGUINITY
CHAPTER I.--Preliminary
CHAPTER II.--Rules in cases of Intestates other than Parsis
31Chapter not to apply to Parsis32Devolution of such property33Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred33ASpecial provision where intestate has left widow and no lineal descendants34Where intestate has left no widow, and where he has left no kindred35Rights of widowerDistribution where there are lineal descendant
36Rules of distribution37Where intestate has left child or children only38Where intestate has left no child, but grandchild or grandchildren39Where intestate has left only great-grandchildren or remoter lineal descendants40Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are deadDistribution where there are no lineal descendants
41Rules of distribution where intestate has left no lineal descendants42Where intestate’s father living43Where intestate’s father dead, but his mother, brothers and sisters living44Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living45Where intestate’s father dead and his mother and children of any deceased brother or sister living46Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece47Where intestate has left neither lineal descendant, nor father, nor mother48Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister49Children’s advancements not brought into hotchpotCHAPTER III.--Special Rules for Parsi Intestates
50General principles relating to intestate succession51Division of intestate’s property among widow, widower, children and parents53Division of share of predeceased child of intestate leaving lineal descendants54Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant55Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant56Division of property where there is no relative entitled to succeed under the other provisions of this ChapterCHAPTER I.--Introductory
CHAPTER II--Of Wills and Codicils
CHAPTER III.--Of the Execution of unprivileged Wills
CHAPTER IV.--Of privileged Wills
CHAPTER V.--Of the Attestation, Revocation, Alteration and Revival of Wills
67Effect of gift to attesting witness68Witness not disqualified by interest or by being executor69Revocation of will by testator’s marriage70Revocation of unprivileged will or codicil71Effect of obliteration, interlineation or alteration in unprivileged will72Revocation of privileged will or codicil73Revival of unprivileged willCHAPTER VI.--Of the construction of Wills
74Wording of wills75Inquiries to determine questions as to object or subject of will76Misnomer or misdescription of object77When words may be supplied78Rejection of erroneous particulars in description of subject79When part of description may not be rejected as erroneous80Extrinsic evidence admissible in cases of patent ambiguity81Extrinsic evidence inadmissible in case of patent ambiguity or deficiency82Meaning or clause to be collected from entire Will83When words may be understood in restricted sense, and when in sense wider than usual84Which of two possible constructions preferred85No part rejected, if it can be reasonably construed86Interpretation of words repeated in different parts of will87Testator’s intention to be effectuated as far as possible88The last of two inconsistent clauses prevails89Will or bequest void for uncertainty90Words describing subject refer to property answering description at testator’s death91Power of appointment executed by general bequest92Implied gift to objects of power in default of appointment93Bequest to “heirs,” etc., of particular person without qualifying terms94Bequest to “representatives”, etc., of particular person95Bequest without words of limitation96Bequest in alternative97Effect of words describing a class added to bequest to person98Bequest to class of persons under general description only99Construction of terms100Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate101Rules of construction where will purports to make two bequests to same person102Constitution of residuary legatee103Property to which residuary legatee entitled104Time of vesting legacy in general terms105In what case legacy lapses106Legacy does not lapse if one of two joint legatees die before testator107Effect of words showing testator’s intention to give distinct shares108When lapsed share goes as undisposed of109When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime110Bequest to A for benefit of B does not lapse by A’s death111Survivorship in case of bequest to described classCHAPTER VII.--Of void Bequests
112Bequest to person by particular description, who is not in existence at testator’s death113Bequest to person not in existence at testator’s death subject to prior bequest114Rule against perpetuity115Bequest to a class some of whom may come under rules in sections 113 and 114116Bequest to take effect on failure of prior bequest117Effect of direction for accumulation118Bequest to religious or charitable usesCHAPTER VIII.--Of the vesting of Legacies
CHAPTER IX.--Of Onerous Bequests
CHAPTER X.--Of Contingent Bequests
CHAPTER XI.--Of Conditional Bequests
126Bequest upon impossible condition127Bequest upon illegal or immoral condition128Fulfilment of condition precedent to vesting of legacy129Bequest to A and on failure of prior bequest to B130When second bequest not to take effect on failure of first131Bequest over, conditional upon happening or not happening of specified uncertain event132Condition must be strictly fulfilled133Original bequest not affected by invalidity of second134Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen135Such condition must not be invalid under section 120136Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over137Performance of condition, precedent or subsequent, within specified time. Further time In case of fraudCHAPTER XII.--Of Bequests with Directions as to Application or Enjoyment
138Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person139Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee140Bequest of fund for certain purposes, some of which cannot be fulfilledCHAPTER XIII.--Of Bequests to an Executor
CHAPTER XIV.--Of Specific Legacies
142Specific legacy defined143Bequest of certain sum where stocks, etc., in which invested are described144Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind145Bequest of money where not payable until part of testator’s property disposed of in certain way146When enumerated articles not deemed specifically bequeathed147Retention, in form, of specific bequest to several persons in succession148Sale and investment of proceeds of property bequeathed to two or more persons in succession149Where deficiency of assets to pay legacies, specific legacy not to abate with general legaciesCHAPTER XV.--Of Demonstrative Legacies
CHAPTER XVI.--Of Ademption of Legacies
152Ademption explained153Non-ademption of demonstrative legacy154Ademption of specific bequest of right to receive something from third party155Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed156Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed157Order 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 legacies158Ademption where stock, specifically bequeathed, does not exist at testator’s death159Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death160Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal161When removal of thing bequeathed does not constitute ademption162When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it163Change by operation of law of subject of specific bequest between date of will and testator’s death164Change of subject without testator’s knowledge165Stock specifically bequeathed lent to third party on condition that it be replaced166Stock specifically bequeathed sold but replaced, and belonging to testator at his death167Non-liability of executor to exonerate specific legatees168Compeletion of testator’s title to things bequeathed to be at cost of his estate169Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically170Exoneration of specific legatee’s stock in joint-stock companyCHAPTER XVIII.--Of Bequests of Things described in General Terms
CHAPTER XIX.--Of Bequests of the Interest or Produce of a Fund
CHAPTER XX.--Of Bequests of Annuities
173Annuity created by will payable for life only unless contrary intention appears by will174Period 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 annuity175Abatement of annuity176Where gift of annuity and residuary gift, whole annuity to be first satisfiedCHAPTER XXI.--Of Legacies to creditors and Portioners
CHAPTER--XXII.--Of Election
180Circumstances in which election takes place181Devolution of interest relinquished by owner182Testator’s belief as to his ownership immaterial183Bequest for man’s benefit how regarded for purpose of election184Person deriving benefit indirectly not put to election185Person taking in individual capacity under will may In other character elect to take in opposition186Exception to provisions of last six sections187When acceptance of benefit given by will constitutes election to take under will188Circumstances in which knowledge or waiver is presumed or inferred189When testator’s representatives may call upon legatee to elect190Postponement of election in case of disabilityCHAPTER XXIII.--Of Gifts in Contemplation of Death
PROTECTION OF PROPERTY OF DECEASED
192Person claiming right by succession to property of deceased may apply for relief against wrongful possession193Inquiry made by Judge194Procedure195Appointment of curator pending determination of proceeding196Powers conferrable on curator197Prohibition of exercise of certain powers by curators198Curator to give security and may receive remuneration199Report from Collector where estate includes revenue paying land200Institution and defence of suits201Allowances to apparent owners pending custody by curator202Accounts to be filed by curator203Inspection of accounts and right of interested party to keep duplicate204Bar to appointment of second curator for same property205Limitation of time for application for curator206Bar to enforcement of Part against public settlement or legal directions by deceased207Court of Wards to be made curator in case of minors having property subject to its jurisdiction208Saving of right to bring suit209Effect of decision of summary proceeding210Appointment of public curatorsREPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION
211Character and property of executor or administrator as such212Right to intestate’s property213Right as executor or legatee when established214Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons215Effection certificate of subsequent probate or letters of administration216Grantee of probate or administration alone to sue, etc., until same revokedPROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
CHAPTER I.--Of Grant of Probate and Letters of Administration
218To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person219Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person220Effect of letters of administration221Acts not validated by administration222Probate only to appointed executor223Persons to whom probate cannot be granted224Grant of probate to several executors simultaneously or at different times225Separate probate of codicil discovered after grant of probate226Accrual of representation to surviving executor227Effect of probate228Administration, with copy annexed, of authenticated copy of will proved abroad229Grant of administration where executor has not renounced230Form and effect of renunciation of executorship231Procedure where executor renounces or fails to accept within time limited232Grant of administration to universal or residuary legatees233Right to administration of representative of deceased residuary legatee234Grant of administration where no executor, nor residuary legatee nor representative of such legatee235Citation before grant of administration to legatee other than universal or residuary236To whom administration may not be granted236ALaying of rules before State LegislatureCHAPTER III.--Alteration and Revocation of Grants
CHAPTER IV.--Of the Practice in granting and revoking Probates and Letters of Administration
264Jurisdiction of District Judge in granting and revoking probates, etc265Power to appoint delegate of District Judge to deal with non-contentious cases266District Judge’s powers as to grant of probate and administration267District Judge may order person to produce testamentary papers268Proceedings of District Judge’s Court in relation to probate and administration269When and how District Judge to interfere for protection of property270When probate or administration may be granted by District Judge271Disposal of application made to Judge of district in which deceased had no fixed abode272Probate and letters of administration may be granted by Delegate273Conclusiveness of probate or letters of administration274Transmission to High Courts of certificate of grants under proviso to section 273275Conclusiveness of application for probate or administration if properly made and verified276Petition for probate277In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator278Petition for letters of administration279Addition to statement in petition, etc., for probate or letters of administration in certain cases280Petition for probate, etc., to be signed and verified281Verification of petition for probate, by one witness to will282Punishment for false averment in petition or declaration283Powers of District Judge284Caveats against grant of probate or administration285After entry of caveat, no proceeding taken on petition until after notice to caveator286District Delegate when not to grant probate or administration287Power to transmit statement to District Judge in doubtful cases where no contention288Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court289Grant of probate to be under seal of Court290Grant of letters of administration to be under seal of Court291Administration-bon292Assignment of administration-bon293Time for grant of probate and administration294Filing of original wills of which probate or administration with will annexed granted295Procedure in contentious cases296Surrender of revoked probate or letters of administration297Payment to executor or administrator before probate or administration revoked298Power to refuse letters of administration299Appeals from orders of District Judge300Concurrent jurisdiction of High Court301Removal of executor or administrator and provision for successor302Directions to executor or administratorCHAPTER V.--Of Executors of their own Wrong
CHAPTER VI.--Of the Powers of an Executor or Administrator
305In respect of causes of action surviving deceased and debts due at death306Demands and rights of action of or against deceased survive to and against executor or administrator307Power of executor or administrator to dispose of property308General powers of administration309Commission or agency charges310Purchase by executor or administrator of deceased’s property311Powers of several executors or administrators exercisable by one312Survival of powers on death of one of several executors or administrators313Powers of administrator of effects unadministered314Powers of administrator during minority315Powers of married executrix or administratrixCHAPTER VII.--Of the Duties of an Executor or Administrator
316As to deceased’s funeral317Inventory and account318Inventory to include property in any part of India in certain cases319As to property of, and debts owing to, deceased320Expenses to be paid before all debts321Expenses to be paid next after such expenses322Wages for certain services to be next paid, and then other debts323Save as aforesaid, all debts to be paid equally and rateably324Application of moveable property to payment of debts where domicile not in India325Debts to be paid before legacies326Executor or administrator not bound to pay legacies without indemnity327Abatement of general legacies328Non-abatement of specific legacy when assets sufficient to pay debts329Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses330Rateable abatement of specific legacies331Legacies treated as general for purpose of abatementCHAPTER VIII.--Of assent to a legacy by Executor or Administrator
CHAPTER IX.--Of the Payment and Apportionment of Annuities
CHAPTER X.--Of the Investment of Funds to Provide for Legacies
341Investment of sum bequeathed, where legacy, not specific, given for life342Investment of general legacy, to be paid at future time: disposal of intermediate, interest343Procedure when no fund charged with, or appropriated to, annuity344Transfer to residuary legatee of contingent bequest345Investment of residue bequeathed for life, without direction to invest in particular securities346Investment of residue bequeathed for life, with direction to invest in specified securities347Time and manner of conversion and investment348Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalfCHAPTER XL.--Of the Produce and Interest of Legacies
349Legatee’s title to produce of specific legacy350Residuary legatee’s title to produce of residuary fund351Interest when no time fixed for payment of general legacy352Interest when time fixed353Rate of interest354No interest on arrears of annuity within first year after testator’s death355Interest on sum to be invested produce annuityCHAPTER XII.--Of the Refunding of Legacies
356Refund of legacy paid under Court’s orders357No refund if paid voluntarily358Refund when legacy has become due on performance of condition within further time allowed under section 137359When each legatee compellable to refund in proportion360Distribution of assets361Creditor may call upon legatee to refund362When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund363When unsatisfied legatee must first proceed against executor, if solvent364Limit to refunding of one legatee to another365Refunding to be without interest366Residue after usual payments to be paid to residuary legatee367Transfer of assets from India to executor or administrator in country of domicile for distributionCHAPTER XIII.--Of the Liability of an Executor or Administrator for Devastation
SUCCESSION CERTIFICATES
370Restriction on grant of certificates under this part371Court having jurisdiction to grant certificate372Application for certificate373Procedure on application374Contents of certificate375Requisition of security from grantee of certificate376Extension of certificate377Forms of certificate and extended certificate378Amendment of certificate in respect of powers as to securities379Mode of collecting court-fees on certificates380Local extent of certificate381Effect of certificate382Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases383Revocation of certificate384Appeal385Effect on certificate of previous certificate, probate or letters of administration386Validation of certain payments made in good faith to holder of invalid certificate387Effect of decisions under this Act, and liability of holder of certificate thereunder388Investiture of inferior courts with jurisdiction of District Court for purposes of this Act389Surrender of superseded and invalid certificates390Provisions with respect to certificates under Bombay Regulation VIII of 1827MISCELLANEOUS