Bare Act Search Results

Indian Succession Act, 1925 Section 184

Title: Person Deriving Benefit Indirectly Not Put to Election

State: Central

Year: 1925

A person taking no benefit directly under a Will, but deriving a benefit under it indirectly, is not put to his election. Illustration The lands of Sultanpur are settled upon C for life, and after his death upon, D, his only child. A bequeaths the lands of Sultanpur to B, and 1,000 rupees to C. C dies intestate shortly after the testator, and without having made any election. D takes out administration to C, and as administrator elects on behalf of C's estate to take under the Will. In that capacity he receives the legacy of 1,000 rupees and accounts to B for the rents of the lands of Sultanpur which accrued after the death or the testator and before the death of C. In his individual character he retains the lands of Sultanpur in opposition to the Will.

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 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.....

Carriage 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.....

Indian 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.....

Indian Succession Act, 1925 Chapter 13

Title: Of the Liability of an Executor or Administrator for Devastation

State: Central

Year: 1925

..... (d) the right in which the petitioner claims; (e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and (f) the debts and securities in respect of which the certificate is applied for. ( 2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860). 1[(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof] _____________________ 1. Added by Act 14 of 1928, section 2. Section 372 - Application for certificate ( 1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following.....

Indian Succession Act, 1925 Section 368

Title: Liability of Executor or Administrator for Devastation

State: Central

Year: 1925

When an executor or administrator misapplies the estate of the deceased or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned. Illustrations (i) The executor pays out of the estate an unfounded claim. He is liable to make good the loss. (ii) The deceased had a valuable lease renewable by notice which the executor neglects to give at the proper time. The executor is liable to make good the loss. (iii) The deceased had a lease of less value than the rent payable for it, but terminable on notice at a particular time. The executor neglects to give the notice. He is liable to make good the loss.

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 22

Title: Of Election

State: Central

Year: 1925

.....England does not pass by theWill. Cmay claim his legacy without giving up thereal property in England. ________________________ 1. Substitutedby Act 3 of 1951, section 3 and Schedule, for "the States". Section 182 - Testator's belief as to his ownership immaterial The provisions of sections 180 and 181apply whether the testator does or does not believe that which he professes todispose of by his Will to be his own. Illustrations (i) The farm of Sultanpur was theproperty of C. A bequeathed it to B,giving a legacy of 1,000rupees to C. C has elected to retain hisfarm of Sultanpur, which is worth 800rupees. C forefeitshis legacy of 1,000 rupees, of which 800 rupees goes to B, andthe remaining 200 rupees falls into the residuarybequest, or devolves according to the rules of intestate succession, as thecase may be. (ii) A bequeaths an estate to B in case B'selder brother (who is married and has children) shallleave no issue living at hisdeath. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewelor to lose the estate. (iii) A bequeaths to B 1,000rupees, and to C an estate which Will, under a settlement, belong to B ifhis elder brother(who.....

Indian Succession Act, 1925 Chapter 6

Title: Of the Powers of an Executor or Administrator

State: Central

Year: 1925

.....absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section. Section 308 - General powers of administration An executor or administrator may, in addition to, and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure (a) on such acts as may be necessary for the proper care or management of any property belonging to any estate administered by him; and (b) with the sanction of the High Court, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property. Section 309 - Commission or agency charges An executor or administrator shall not be entitled to receive or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of the Administrator-General by or under the Administrator-General's Act, 1913 (3 of 1913). Section 310 - Purchase by executor or administrator of deceased's property If any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is.....