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Start Free TrialIndian Carriage of Goods by Sea Act, 1925 (26 of 1925) Section 4
Title: Statement as to Application of Rules to Be Included in Bills of Lading
State: Central
Year: 1925
Every bill of lading, or similar document of title, issued in1[India] which contains or is evidence of any contract to which the rules apply, shall contain an express statement that it is to have effect subject to the provisions of the said Rules as applied by this Act. _____________________ 1. Substituted by the A.L.O. 1950.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 8
Title: Of Assent to a Legacy by Executor or Administrator
State: Central
Year: 1925
.....of the fund to A. This is an implied assent to the bequest to B. (iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to the legacies may be presumed. (v) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection on the part of the executor. His assent may be presumed. Section 334 - Conditional assent The assent of an executor or administrator to a legacy may be conditional and if the condition is one which he has a right to enforce, and it is not performed, there is no assent. Illustrations (i) A bequeaths to B his lands of Sultanpur, which at the date of the Will, and at the death of A were subject to a mortgage for 10,000 rupees. The executor assents to the bequest, on condition that B shall within a limited time pay the amount due on the mortgage at the testator's death. The amount is not paid. There is no assent. (ii) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made. The assent is nevertheless valid. Section 335 - Assent of executor to his own legacy (1) When the.....
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 200
Title: Institution and Defence of Suit
State: Central
Year: 1925
The curator shall be subject to all orders of the District Judge regarding the institution or the defence of suits, and all suits may be instituted or defended in the name of the curator on behalf of the estate: Provided that an express authority shall be requisite in the order of the curator's appointment for the collection of debts or rents; but such express authority shall enable the curator to give a full acquittance for any sums of money received by virtue thereof.
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Chapter 1
Title: Of Grant of Probate and Letters of Administration
State: Central
Year: 1925
.....a country inwhich the law relating to estate and intestate succession differs from the lawof 1 [India]. ______________________ 1. Substituted by Act 3 of 1951,section3 and schedule, for "theState". Section 219 - Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person If the deceased has diedintestate and was not a personbelonging to any of the classes referred to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled toobtain letters of administration of hisestate and effects in the orderand according to the rules hereinafter stated, namely:- (a) If the deceased has left a widow, administration shall be granted to the widow, unless the Court sees cause to exclude her, either onthe ground of some personal disqualification, or because she has no interest in the estate of the deceased. Illustrations (i) The widow is a lunatic or has committed adultery or hasbeen barred by her marriage settlement of all interest in her husband's estate.There is cause for excluding her from the administration. (ii) The widow has married again since the decease of herhusband. This is not good cause for her.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 222
Title: Probate Only to Appointed Executor
State: Central
Year: 1925
(1) Probate shall be granted only to an executor appointed by the Will. (2) The appointment may be expressed or by necessary implication. Illustrations (i) A Wills that C be his executor if B Will not. B is appointed executor by implication. (ii) A gives a legacy to B and several legacies to other persons among the rest to his daughter-in-law C, and adds "but should the within-named C be not living I do constitute and appoint B my whole and sole executrix". C is appointed executrix by implication. (iii) A appoints several persons executors of his Will and codicils and his nephew residuary legatee, and in another codicil are these words,"I appoint my nephew my residuary legatee to discharge all lawful demands against my Will and codicils signed of different dates". The nephew is appointed an executor by implication.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 224
Title: Grant of Probate to Several Executors Simultaneously or at Different Times
State: Central
Year: 1925
When several executors are appointed, probate may be granted to them all simultaneously or at different times. Illustration A is an executor of B's Will by express appointment and Can executor of it by implication. Probate may be granted to A and C at the same time or to A first and then to C, or to C first and then to A.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 333
Title: Effect of executor's assent to specific legacy
State: Central
Year: 1925
.....from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied. (ii) The interest of a fund is directed by the Will to be applied for the maintenance of the legatee during his minority. The executor commences so to apply it. This is an assent to the whole of the bequest. (iii) A bequest is made of a fund to A and after him to B. The executor pays the interest of the fund to A. This is an implied assent to the bequest to B. (iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to the legacies may be presumed. (v) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection on the part of the executor. His assent may be presumed.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 188
Title: Circumstances in Which Knowledge or Waiver is Presumed or Inferred
State: Central
Year: 1925
(1) Such knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him by the Will without doing any act to express dissent. (2) Such knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. Illustration A bequeaths to B an estate to which C is entitled, and to C a coal mine. C takes possession of the mine and exhausts it. He has thereby confirmed the bequest of the estate to B.
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