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Start Free TrialIndian Succession Act, 1925 Section 348
Title: Procedure Where Minor Entitled to Immediate Payment or Possession of Bequest, and No Direction to Pay to Person on His Behalf
State: Central
Year: 1925
(1) Where, by the terms of a bequest, the legatee is entitled to the immediate payment or possession of the money or thing bequeathed, but is a minor, and there is no direction in the Will to pay it to any person on his behalf, the executor or administrator shall pay or deliver the same into the Court of the District Judge, by whom or by whose District Delegate the probate was or letters of administration with the Will annexed were, granted, to the account of the legatee, unless the legatee is a ward of the Court of Wards. (2) If the legatee is a ward of the Court of Wards, the legacy shall be paid to the Court of Wards to his account. (3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid. (4) Money when paid in under this section shall be invested in the purchase of Government securities, which, with the interest thereon, shall be transferred or paid to the person entitled thereto, or otherwise applied for his benefit, as the Judge or the Court of Wards, as the case may be, may direct.
View Complete Act List Judgments citing this sectionCotton Ginning and Pressing Factories Act, 1925 Section 9
Title: Structural Requirements for Factories
State: Central
Year: 1925
.....shall be provided with separate entrances and exits for the bringing in of unsigned and the taking out of ginned cotton respectively, and (b) the factories shall be constructed in accordance with plans and specifications approved by the prescribed authority : Provided that nothing in this sub-section shall apply to any factory in which only roller gins are used where the number of such gins if not more than four. {Ins.by Act 14 of 1939, s.2.}[(1A) If any cotton ginning factory, whether erected before or after commencement of this Act-- (a) no structural alterations or additions, the construction of which commenced after the 27th day of February, 1939, shall be made so as to minimize the degree of compliance of the factory as a whole with the requirements set forth in clauses (a) and (b) of sub-section (1), and (b) every structural addition (whether actually attached to any existing structure in the factory or not), the construction of which commenced after the last-mentioned date, shall be constructed in accordance with plans and specifications approved by the prescribed authority : Provided that nothing in this sub-section apply to any factory in which, after any.....
View Complete Act List Judgments citing this sectionSuccession 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.....
List Judgments citing this sectionIndian Succession Act, 1925 Chapter 23
Title: Of Gifts in Contemplation of Death
State: Central
Year: 1925
.....person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938. Section 197 - Prohibition of exercise of certain powers by curators ( 1) Where a certificate has been granted under Part X or under the Succession Certificate Act, 18891(7 of 1889), or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator. (2) Payment of debts, etc., to curators.-All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator sh all be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938. Section 198 - Curator to give security and may receive remuneration (1) The District Judge shall take from the curator security for the faithful discharge of his trust,.....
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 sectionCarriage of Goods by Sea Act, 1925 Complete Act
State: Central
Year: 1925
.....(b) fire. unless caused by the actual fault or privity of the carrier: (c) perils, dangers and accidents of the sea or other navigable waters: (d) act of God; (e) act of war; (f) act of public enemies: (g) arrest or restraint of princes, rulers of people, or seizure under legal process; (h) quarantine restriction; (i) act or omission of the shipper or owner of the goods, his agent, or representative; (j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; (k) riots and civil commotions; (1) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods; (n) insufficiency of packing; (o) insufficiency or inadequacy of marks; (p) latent defects not discoverable by due diligence; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the.....
List Judgments citing this sectionIndian Carriage of Goods by Sea Act, 1925 (26 of 1925) Schedule 1
Title: Rules Relating to Bills of Ladings
State: Central
Year: 1925
.....fire, unless caused by the actual fault or privity of the carrier; (c) perils, dangers and accidents of the sea or other navigable waters; (d) act of God; (e) act of war; (f) act of public enemies; (g) arrest or restraint of princes, rulers of people, or seizure under legal process; (h) quarantine restriction; (i) act or omission of the shipper or owner of the goods, his agent, or representative; (j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; (k) riots and civil commotions; (l) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods; (n) insufficiency of packing; (o) insufficiency or inadequacy of marks; (p) latent defects not discoverable by due diligence; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or.....
View Complete Act List Judgments citing this sectionIndian 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.....
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 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,.....
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