Bare Act Search Results

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. .....

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: Special Rules for Parsi Intestates

State: Central

Year: 1925

..... Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 53 - Division of share of predeceased child of intestate leaving lineal descendants In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely: (a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widower of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this.....

The Christian Succession Act, 1921 (Cochin) Complete Act

State: Kerala

Year: 1921

.....dies leaving movable property in Cochin, in the absence of proof of any domicile elsewhere, succession to the property is regulated by this Act. Section 6 - Kindred or consanguinity Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor. Lineal consanguinity.- Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grand-father and so upwards in the direct ascending line, or between a man, his son, grandson, great-grandson and so downwards in the direct descending line. Every generation constitutes a degree, either ascending or descending. A man's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third. Collateral consanguinity.- Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. For the purpose of ascertaining in what degree of.....

The Cochin Makkathayam Thiyya Act, 1940 Complete Act

State: Kerala

Year: 1940

.....them. Section 3 - Saving Nothing in this Act shall confer any right on the parties to a marriage dissolved before this Act comes into force. Section 4 - Act to constitute law in cases of intestate succession Except as provided for by any other law for the time being in force, the rules herein contained shall constitute the law of Cochin applicable to all cases of intestate succession among Thiyyas. Section 5 - Definitions In this Act unless there is something repugnant in the subject or context. (i) "Thiyya" includes Ezhava. Chova, Billava, Marayam, Thandan and others recognized as such. (ii) "Son", "Daughter" or any word which expresses relationship denotes only a legitimate relative. When owing to any physical defect or deformity, it is not possible to ascertain the sex of any of the heirs of an intestate, such heir shall, for the purpose of this Act, be regarded as a female. (iii) Kindred or consanguinity.- Kindred or consanguinity is the connection or relation of persons descended from the same stock or ancestor. Lineal consanguinity.- Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the.....

Indian Succession Act, 1925 Section 53

Title: Division of Share of Predeceased Child of Intestate Leaving Lineal Descendants

State: Central

Year: 1925

.....the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely: (a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widower of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account. (b) If such deceased child was a daughter, her share shall be divided equally among her children. (c) If any child of such deceased child has also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestate's death, shall be divided in like manner in accordance with clause (a) or clause (b) as the case may be. (d) Where a remoter lineal descendant of the intestate.....

Indian Succession Act, 1925 Section 50

Title: General Principles Relating to Intestate Succession

State: Central

Year: 1925

.....2 [a widow or widower of any lineal descendant] shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided; and (c) where a 2 [widow or widower of any relative] of an intestate has married again in the lifetime of the intestate, 3 [such widow or widower] shall not be entitled to receive any share of the property of which the intestate has died intestate, and 3 [such widow or widower] shall be deemed not to be existing at the intestate's death. ___________________ 1. Substituted by Act 17 of 1939, section 2, for the original sections 50-56 (w.e.f. 12-6-1939). 2. Substituted by Act 51 of 1991, section 2. 3. Substituted by Act 51 of 1991, section 2. for the word "she".

Indian Succession Act, 1925 Section 54

Title: Division of Property Where Intestate Leaves No Lineal Descendant but Leaves a Widow or Widower of Any Lineal Descendant

State: Central

Year: 1925

.....among the relatives of the intestate in the order specified in Part 1 of Schedule II; and the next-of-kin standing first in PartI of that Scheduleshall be preferredto those standing second, the second to the third and so on in succession,provided that the property shallbe so distributed that each male and female standing in the same degree ofpropinquity shall receive equal shares; (e) if there are no relatives entitled to the residue underclause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section.] ___________________ 1. Substituted by Act 51 of 1991, section 4.

Indian Succession Act, 1925 Section 30

Title: As to What Property Deceased Considered to Have Died Intestate

State: Central

Year: 1925

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. (iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property. (iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; and has died leving the sum of 2,000 rupees and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000 rupees.

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.....