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Start Free TrialIndian Succession Act, 1925 Section 134
Title: Bequest Conditioned That It Shall Cease to Have Effect in Case a Specified Uncertain Event Shall Happen, or Not Happen
State: Central
Year: 1925
A bequest may be made with the condition super-added that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (i) An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the bequest shall cease to have any effect. A cuts down the wood. He loses his life-interest in the estate. (ii) An estate is bequeathed to A, provided that, if he marries under the age of 25 without the consent of the executors named in the will, the estate shall cease to belong to him. A marries under 25 without the consent of the executors. The estate ceases to belong to him. (iii) An estate is bequeathed to A, provided that, if he shall not go to England within three years after the testator's death, his interest in the estate shall cease. A does not go to England within the time prescribed. His interest in the estate ceases. (iv) An estate is bequeathed to A, with a proviso that, if she becomes a nun, she shall cease to have any interest in the estate. A becomes a nun. She loses her interest under the will. (v) A fund is bequeathed to A for life, and
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 105
Title: In What Case Legacy Lapses
State: Central
Year: 1925
.....of the residue of the testator's property, unless it appears by the Will that the testator intended that it should go to some other person. (2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator. Illustrations (i) The testator bequeaths to B " 500 rupees which B owes me" .B dies before the testator; the legacy lapses. (ii) A bequest is made to A and his children. A dies before the testator, or happens to be dead when the Will is made. The legacy to A and his children lapses. (iii) A legacy is given to A, and, in case of his dying before the testator, to B. A dies before the testator. The legacy goes to B. (iv) A sum of money is bequeathed to A for life, and after his death to B. A dies in the lifetime of the testator; B survives the testator. The bequest to B takes effect. (v) A sum of money is bequeathed to A on his completing his eighteenth year, and in case he should die before he completes his eighteenth year, to B. A completes his eighteenth year, and dies in the lifetime of the testator. The legacy to A lapses, and the bequest to ii does not take effect. (vi) The testator and the.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 265
Title: Power to Appoint Delegate of District Judge to Deal with Non-contentious Cases
State: Central
Year: 1925
(1) The High Court may appoint such judicial officers within any districts as it thinks fit to act for the District Judge as delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe: Provided that, in the case of High Courts not established by Royal Charter such appointments shall not be without the previous sanction of the State Government. (2) Persons so appointed shall be called "District Delegates".
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 277
Title: In What Cases Translation of Will to Be Annexed to Petition. Verification of Translation by Person Other Than Court Translator
State: Central
Year: 1925
In cases wherein the Will, copy or draft, is written in any language other than English or than that inordinary use in proceedings before the Court, there shall be a translation thereof annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or, if the Will, copy or draft, is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely: "I (A.B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof."
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 295
Title: Procedure in Contentious Cases
State: Central
Year: 1925
In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 318
Title: Inventory to Include Property in Any Part of India in Certain Cases
State: Central
Year: 1925
Section 318 - Inventory to include property in any part of India in certain cases In all cases where a grant has been made of probate or letters of administration intended to have effect throughout1[India],2[* * *] the executor or administrator shall include in the inventory of the effects of the deceased all his movable and immovable property situate in1[India] and the value of such property situate in each state shall be separately stated in such inventory, and the probate or letters of administration shall be chargeable with a fee corresponding to the entire amount or value of the property affected thereby wheresoever situate within1[India]. ______________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". 2. The words "of India" omitted by Act 48 of 1952, section 3 and Schedule II.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 382
Title: Effect of Certificate Granted or Extended by Indian Representative in Foreign State and in Certain Other Cases
State: Central
Year: 1925
.....Act, 1951 (3 of 1951), to a resident within any Part B State by adistrict judge of that State or has been extended by him in such form, or (c) has been granted after the commencement of the Part BStates (Laws) Act, 1951 (3 of 1951), to a resident within the State of Jammuand Kashmir by the district judge of that State or has been extended by him insuch form, the certificate shall, when stamped in accordance with theprovisions of the Court-Fees Act, 1870 (7 of 1870), with respect tocertificates under this Part, have the same effect in India as a certificategranted or extended under this Part.] _____________________ 1. Substituted by Act 1957, sec. 2 for the former section.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 2
Title: Rules in Cases of Intestates Other Than Parsis
State: Central
Year: 1925
.....order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 32 - Devolution of such property The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 33 - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred Where the intestate has left a widow- (a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) 1 [save as provided by section 33A] if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 137
Title: Performance of Condition, Precedent or Subsequent, Within Specified Time. Further Time in Case of Fraud
State: Central
Year: 1925
Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfillment of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 190
Title: Postponement of Election in Case of Disability
State: Central
Year: 1925
In case of disability the election shall be postponed until the disability ceases, or until the election is made by some competent authority.
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