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Indian Succession Act, 1925 Part 5

Title: Intestate Succession

State: Central

Year: 1925

.....being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 29 - Application of Part (1) This Part shall not apply to any intestacy occurring before the firstday of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist,Sikh or Jaina. (2) Save as provided in sub-section (1) or by any otherlaw for the time being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 30 - As to what property deceased considered to have died intestate A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Illustrations (i) A has left no will. He has died intestate in respect of the whole of his property. (ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has died intestate in respect of the distribution of his property. .....

Indian 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.....

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 Part 4

Title: Of Consangunity

State: Central

Year: 1925

.....mother; or (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or (c) between those who were actually born in the lifetime of a person deceased, and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive. Section 28 - Mode of computing of degrees of kindred Degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I. Illustrations (i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father, and another to the common ancestor, the grandfather; and from him one of ascent to the uncle, and another to the cousin-german, making in all four degrees. (ii) A grandson of the brother and a son of the uncle, i.e., a great-nephew and a cousin-german, are in equal degree, being each four degree removed. (iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in the sixth degree of kindred.

Indian Succession Act, 1925 Section 27

Title: Persons Held for Purpose of Succession to Be Similarly Related to Deceased

State: Central

Year: 1925

For the purpose of succession, there is no distinction (a) between those who are related to a person deceased through his father; and those who are related to him through his mother; or (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or (c) between those who were actually born in the lifetime of a person deceased, and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive.

INDIAN SUCCESSION ACT, 1925 Section 43

Title: Where intestate's father dead, but his mother, brothers and sisters living

State: Central

Year: 1925

If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares. Illustration A dies intestate, survived by his mother and two brothers of the full blood, John and Henry and a sister Mary, who is the daughter of his mother but not of his father. The mother takes one-fourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-fourth.

INDIAN SUCCESSION ACT, 1925 Section 44

Title: Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister living

State: Central

Year: 1925

If the intestate's father is dead but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each take one-fifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them.

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,.....

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 Section 99

Title: Construction of Terms

State: Central

Year: 1925

In a Will (a) the word "children" applies only to lineal descendants in the first degree of the person whose "children" are spoken of; (b) the word "grand-children" applies only to lineal descendants in the second degree of the person whose ''grand-children" are spoken of; (c) the words "nephews" and "nieces" apply only to children of brothers or sisters; (d) the words "cousins", or "first cousins", or "cousins-german", apply only to children of brothers or of sisters of the father or mother of the person whose "cousins", or "first cousins", or "cousins-german", are spoken of; (e) the words "first cousins once removed" apply only to children of cousins-german, or to cousins-german of a parent of the person whose "first cousins once removed" are spoken of; (f) the words "second cousins" apply only to grand-children of brothers or of sisters of the grandfather or grandmother of the person whose "second cousins" are spoken of; (g) the words "issue" and "descendants" apply to all lineal descendants whatever of the person whose "issue" or "descendants" are spoken of; (h) words expressive of collateral relationship apply alike to relatives of full and of half blood; and