Bare Act Search Results

INDIAN SUCCESSION ACT, 1925 Section 112

Title: Bequest to person by particular description, who is not in existence at testator's death

State: Central

Year: 1925

Where a bequest is made to a person by a particular description, and there is no person in existence at the testator's death who answers the description, the bequest is void. Exception.If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise; and if a person answering the description is alive at the death of the testator, or comes into existence between that event, such later time and the property shall, at such later time, go to that person, or, if he is dead, to his representatives. Illustrations (i) A bequeaths 1,000 rupees to the eldest son of B. At the death of the testator, B has no son. The bequest is void. (ii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator. C had no son. Afterwards, during the life of B, a son is born to C. Upon B's death the legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator, C had no son. Afterwar

Indian Succession Act, 1925 Section 93

Title: Bequest to "heirs", Etc., of Particular Person Without Qualifying Terms

State: Central

Year: 1925

Where a bequest is made to the "heirs" or "right heirs" or "relations" or ''nearest relations" or "family" or "kindred" or "nearest of kin" or "next-of-kin" of a particular person without any qualifying terms, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it, leaving assets for the payment of his debts independently of such property. Illustrations (i) A leaves his property "to my own nearest relations". The property goes to those who would be entitled to it if A had died intestate, leaving assets for the payment of his debts independently of such property. (ii) A bequeaths 10,000 rupees "to B for his life, and, after the death of B, to my own right heirs". The legacy after B's death belongs to those who would be entitled to it if it had formed part of A's unbequeathed property. (iii) A leaves his property to B; but if B dies before him, to B's next-of kin; B dies before A; the property devolves as if it had belonged to B, and he had died intestate, leaving assets for the payment of his debts independently of such p

Indian Succession Act, 1925 Section 94

Title: Bequest to "representatives", Etc., of Particular Person

State: Central

Year: 1925

Where a bequest is made to the "representatives" or "legal representatives" or "personal representatives" or "executors or administrators" of a particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it. Illustration A bequest is made to the "legal representatives" of A. A has died intestate and insolvent. B is his administrator. B is entitled to receive the legacy, and Will apply it in the first place to the discharge of such part of A's debt as may remain unpaid: if there be any surplus B Will pay it to those persons who at A's death would have been entitled to receive any property of A's which might remain after payment of his debts, or to the representatives of such persons.

Indian Succession Act, 1925 Section 121

Title: Vesting of Interest in Bequest to Such Members of a Class as Shall Have Attained Particular Age

State: Central

Year: 1925

Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy. Illustration A fund is bequeathed to such of the children of A as shall attain the age of 18, with a direction that, while any child of A shall be under the age of 18, the income of the share, to which it may be presumed he will be eventually entitled, shall be applied for his maintenance and education. No child of A who is under the age of 18 has a vested interest in the bequest.

Indian Succession Act, 1925 Section 138

Title: Direction That Fund Be Employed in Particular Manner Following Absolute Bequest of Same to or for Benefit of Any Person

State: Central

Year: 1925

Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A or to place A in any business. A choses to receive the legacy in money. He is entitled to do so.

Indian Succession Act, 1925 Section 249

Title: Administration, with Will Annexed, Limited to Particular Purpose

State: Central

Year: 1925

If an executor appointed generally gives an authority to an attorney or agent to prove a Will on his behalf, and the authority is limited to a particular purpose, the letters of administration, with the Will annexed, shall be limited accordingly.

Indian Succession Act, 1925 Section 345

Title: Investment of Residue Bequeathed for Life, Without Direction to Invest in Particular Securities

State: Central

Year: 1925

(1) Where the testator has bequeathed the residue of his estate to a person for life without any direction to invest it in any particular securities, so much thereof as is not at the time of the testator's decease invested in securities of the kind mentioned in section 341 shall be converted into money and invested in such securities. (2) This section shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person.

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,.....

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 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.....