Bare Act Search Results

Indian Succession Act, 1925 Chapter 5

Title: Of the Attestation, Revocation, Alteration and Revival of Wills

State: Central

Year: 1925

.....validity to a privileged Will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Explanation.In order to the revocation of a privileged Will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged Will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged Will. Section 73 - Revival of unprivileged Will (1) No unprivileged Will or codicil, nor any part thereof, which has been revoked in any manner, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same. (2) When any Will or codicil, which has been partly revoked and afterwards wholly revoked, is revived, such revival shall not extend to so much thereof as has been revoked before the revocation of the whole thereof, unless an intention to the contrary is shown by the Will or codicil.

Indian Succession Act, 1925 Section 67

Title: Effect of Gift to Attesting Witness

State: Central

Year: 1925

A Will shall not be deemed to be insufficiently attested by reason of any benefit thereby given either by way of bequest or by way of appointment to any person attesting it, or to his or her wife or husband; but the bequest or appointment shall be void so far as concerns the person so attesting or the wife or husband of such person or any person claiming under either of them. Explanation. A legatee under a Will does not lose his legacy by attesting a codicil which confirms the Will.

Indian Succession Act, 1925 Section 82

Title: Meaning or Clause to Be Collected from Entire Will

State: Central

Year: 1925

The meaning of any clause in a Will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other. Illustrations (i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the whole of his property to A. The effect of the several clauses taken together is to vest the specific fund or property in A for life, and after his decease in B; it appearing from the bequest to B that the testator meant to use in a restricted sense the words in which he describes what he gives to A. (ii) Where a testator having an estate, one part of which is called Black Acre, bequeaths the whole of his estate to A, and in another part of his Will bequeaths Black Acre to B, the latter bequest is to be read as an exception out of the first as if he had said "I give Black Acre to B, and all the rest of my estate to A".

Indian Succession Act, 1925 Section 88

Title: The Last of Two Inconsistent Clauses Prevails

State: Central

Year: 1925

Where two clauses of gifts in a Will are irreconcileable, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his Will leaves his estate of Ramnagar "to A", and by the last clause of his Will leaves it "to B and not to A". B Will have it, (ii) If a man, at the commencement of his Will gives his house to A, and at the close of it directs that his house shall be sold and the proceeds invested for the benefit of B, the latter disposition Will prevail.

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 3

Title: Of the Execution of Unprivileged Wills

State: Central

Year: 1925

.....more than one witness be present at the same time, and noparticular form of attestation shallbe necessary. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I. Section 63 - Execution of unprivileged Wills Every testator, not being asoldier employed in an expedition or engaged in actual warfare, 1 [or an airman so employed orengaged,] or a mariner at sea, shallexecute his Will according to the followingrules:- (a) The testator shall sign or shallaffix his mark to the Will, or it shall be signed by some other person in hispresence and by his direction. (b) The signature or mark of thetestator, or the signature of the person signing for him,shall be so placedthat it shall appear that it was intendedthereby to give effect to the writing as a Will. (c) The Will shall be attested by two or more witnesses, each of whom hasseen the testator sign or affix hismark to the Will or has seen some otherperson sign the Will, in the presence and by the direction of the testator, orhas received from the testator a personal acknowledgement of his signature or mark, or of the signature of such other person; and each of thewitnesses shall sign the Will in the.....

Indian Succession Act, 1925 Chapter 4

Title: Of Privileged Wills

State: Central

Year: 1925

.....on amilitary expedition, but not being at sea, is considered as a soldier, and canmake a privileged Will. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I. Section 65 - Privileged Wills Any soldier being employed in anexpedition or engaged in actual warfare, 1 [or an airman so employed or engaged,] or any mariner being at sea,may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in section66. Such Wills are calledprivileged Wills. Illustrations (i) A, a medical officer attached to a regiment is actually employedin an expedition. He is a soldier actually employed in an expedition, and canmake a privileged Will. (ii) A is at sea in a merchant-ship of which he is the purser. He is a mariner,and, being at sea, can make a privileged Will. (iii) A, a soldier service in thefield against insurgents, is a soldier engaged in actual warfare, and as suchcan make a privileged Will. (iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she islying in harbour. He is, for the purposes of this section, a mariner at sea,and can make a privileged Will. (v) A,.....

Indian Succession Act, 1925 Complete Act

Title: Indian Succession Act, 1925

State: Central

Year: 1925

.....- Short title Section2 - Definitions Section3 - Power of State Government to exempt any race, sect or tribe in the State from operation of Act Part 2 Section4 - Application of Part Section5 - Law regulating succession to deceased person's immovable and movable property, respectively Section6 - One domicile only affects succession to movables Section7 - Domicile of origin of person of legitimate birth Section8 - Domicile of origin of illegitimate child Section9 - Continuance of domicile of origin Section10 - Acquisition of new domicile Section11 - Special mode of acquiring domicile in India Section12 - Domicile not acquired by residence as representative of foreign Government, or as part of his family Section13 - Continuance of new domicile Section14 - Minor's domicile Section15 - Domicile acquired by woman on marriage Section16 - Wife's domicile during marriage Section17 - Minor's acquisition of new domicile Section18 - Lunatic's acquisition of new domicile Section19 - Succession to movable property in India in absence of proof of domicile elsewhere Part 3 Section20 - Interests and powers not acquired nor lost by marriage Section21 - Effect of marriage.....

Indian Succession Act, 1925 Section 66

Title: Mode of Making, and Rules for Executing, Privileged Wills

State: Central

Year: 1925

.....ofhis Will, and theyhave been reduced into writing in hislifetime, but he has died before the instrument could be prepared and executed,such instructions shall be considered to constitute his Will, although they may not have been reduced intowriting in his presence, nor read over to him. (g) The soldier, 1 [airman] or mariner may make a Will by word of mouth bydeclaring his intentions before two witnessespresent at the same time. (h) A Will made by word of mouth shall be null at the expiration of one month after thetestator, being still alive, has ceased to be entitled to make a privileged Will. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I.