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Indian Succession Act, 1925 Part 6

Title: Testamentary Succession

State: Central

Year: 1925

.....of ministers of religion; for the formation or support of a public garden; All these bequests are void. _____________________ 1. Added by Act 51 of 1991, section 6. INDIAN SUCCESSION ACT, 1925Chapter 8 - OF THE VESTING OF LEGACIES Section 119 - Date of vesting of legacy when payment or possession postponed Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator's death, and shall pass to the legatee's representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator's death said to be vested in interest. Explanation.An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives,.....

Succession Act, 1925 Complete Act

State: Central

Year: 1925

.....under this section or exempted from the operation of any of the provisions of the Indian Succession Act, 1865(10 of 1865), under section 332 of that Act are in this Act referred to as "exempted persons". PART 02 OF DOMICILE SECTION 04: APPLICATION OF PART This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina. SECTION 05: LAW REGULATING SUCCESSION TO DECEASED PERSON'S IMMOVABLE AND MOVABLE PROPERTY, RESPECTIVELY (1) Succession to the immovable property in India of a person deceased shall be regulated by the law of India, wherever such person may have had his domicile at the time of his death. (2) Succession to the movable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. SECTION 06: ONE DOMICILE ONLY AFFECTS SUCCESSION TO MOVABLES A person can have only one domicile for the purpose of the succession to his movable property. SECTION 07: 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.....

Indian Succession Act, 1925 Chapter 6

Title: Of the Construction of Wills

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

Indian Succession Act, 1925 Part 9

Title: Probate, Letters of Administration and Administration of Assets of Deceased

State: Central

Year: 1925

..... (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind. INDIAN SUCCESSION ACT, 1925Chapter 4 - OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION Section 264 - Jurisdiction of District Judge in granting and revoking probates, etc. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no court in any local area beyond the limits of the towns of Calcutta, Madras and Bombay,1[***] shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. ______________________ 1. The words "and the province of Burma" omitted by the A.O. 1937. Section 264 - Jurisdiction of District Judge in granting and revoking probates, etc. (1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases.....

Indian Succession Act, 1925 Chapter 23

Title: Of Gifts in Contemplation of Death

State: Central

Year: 1925

.....person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938. Section 197 - Prohibition of exercise of certain powers by curators ( 1) Where a certificate has been granted under Part X or under the Succession Certificate Act, 18891(7 of 1889), or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator. (2) Payment of debts, etc., to curators.-All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator sh all be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938. Section 198 - Curator to give security and may receive remuneration (1) The District Judge shall take from the curator security for the faithful discharge of his trust,.....

Indian Succession Act, 1925 Part 7

Title: Protection of Property of Deceased

State: Central

Year: 1925

.....receive remuneration (1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (2) All surplus money realized by the curator shall be paid into Court, and invested in public securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable dispatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office. Section 199 - Report from Collector where estate includes revenue-paying land (1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the.....

Indian Succession Act, 1925 Section 211

Title: Character and Property of Executor or Administrator as Such

State: Central

Year: 1925

Section 211 - Character and property of executor or administrator as such (1)The executor oradministrator, as the case may be, of a deceased person is his legal representative for all purposes, and all theproperty of the deceased person vests in him as such. (2) When the deceased was a Hindu,Muhammadan, Buddhist, 1 [Sikh, Jaina or Parsi] or anexempted person, nothing herein contained shall vest in an executor or administrator any property of thedeceased person which would otherwisehave passed by survivorship to some otherperson. ______________________ 1.Substituted by Act 16 of 1962, section 2 for " or Jaina".

Indian Succession Act, 1925 Chapter 4

Title: Of the Practice in Granting and Revoking Probates and Letters of Administration

State: Central

Year: 1925

.....the A.O. 1948, for "thewhole of British India". 2. The words "of India" omitted by the A.O.1950. 3. Inserted by A.O. 1937. 4. Substituted by Act 3 of 1951,section 3 andSchedule, for "the States". 5. 1st April, 1937. 6. Added by the A. O. 1948. 7. The words "of India" omitted by Act 42of 1953, section 4 and Schedule III. 8. 15th August, 1947. Section 273 - Conclusiveness of probate or letters of administration Probate or letters of administration shall have effect overall the property and estate, moveable or immoveable, of the deceased,throughout the State in which the same is or are granted, and shall beconclusive as to the representative title against all debtors of the deceased,and all persons holding property which belongs to him, and shall afford fullindemnity to all debtors, paying their debts and all persons delivering up suchproperty to the person to whom such probate or letters of administration havebeen granted: Provided that probates and letters of administrationgranted- (a) by a High Court, or (b) by a District Judge, where the deceased at the time ofhis death had a fixed place of abode situate within the jurisdiction of suchJudge, and such.....

Indian Succession Act, 1925 Chapter 6

Title: Of the Powers of an Executor or Administrator

State: Central

Year: 1925

.....absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section. Section 308 - General powers of administration An executor or administrator may, in addition to, and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure (a) on such acts as may be necessary for the proper care or management of any property belonging to any estate administered by him; and (b) with the sanction of the High Court, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property. Section 309 - Commission or agency charges An executor or administrator shall not be entitled to receive or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of the Administrator-General by or under the Administrator-General's Act, 1913 (3 of 1913). Section 310 - Purchase by executor or administrator of deceased's property If any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is.....

Indian Succession Act, 1925 Section 59

Title: Person Capable of Making Wills

State: Central

Year: 1925

.....minor may dispose of his property by Will. Explanation 1. A married woman may dispose by Will of any property which she could alienate by her own act during her life. Explanation 2. Persons who are deaf or dumb or blind are not thereby incapacitated for making a Will if they are able to know what they do by it. Explanation 3. A person who is ordinarily insane may make a Will during an interval in which he is of sound mind. Explanation 4. No person can make a Will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing. Illustrations (i) A can perceive what is going on in his immediate neighbourhood, and can answer familiar questions, but has not a competent understanding as to the nature of his property, or the persons who are of kindred to him, or in whose favour it would be proper that he should make his Will. A cannot make a valid Will. (ii) A executes an instrument purporting to be his Will, but he does not understand the nature of the instrument, nor the effect of its provisions. This instrument is not a valid Will. (iii) A, being very feeble and debilitated, but.....