Bare Act Search Results

Indian Succession Act, 1925 Section 263

Title: Revocation or Annulment for Just Cause

State: Central

Year: 1925

.....or suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has been taken administration to the estate of B as if he had died intestate, but a Will has since been discovered. (vi) Since probate was granted, a latter Will has been.....

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 3

Title: Alteration and Revocation of Grants

State: Central

Year: 1925

.....or suggestion, or by concealing from the Court something material to the case; or (c) the grant was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant, though such allegation was made in ignorance or inadvertently; or (d) the grant has become useless and inoperative through circumstances; or (e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The Will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has been taken administration to the estate of B as if he had died intestate, but a Will has since been discovered. (vi) Since probate was granted, a latter Will has been.....

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 4

Title: Of the Practice in Granting and Revoking Probates and Letters of Administration

State: Central

Year: 1925

.....the A.O. 1948, for "thewhole of British India". 2. The words "of India" omitted by the A.O.1950. 3. Inserted by A.O. 1937. 4. Substituted by Act 3 of 1951,section 3 andSchedule, for "the States". 5. 1st April, 1937. 6. Added by the A. O. 1948. 7. The words "of India" omitted by Act 42of 1953, section 4 and Schedule III. 8. 15th August, 1947. Section 273 - Conclusiveness of probate or letters of administration Probate or letters of administration shall have effect overall the property and estate, moveable or immoveable, of the deceased,throughout the State in which the same is or are granted, and shall beconclusive as to the representative title against all debtors of the deceased,and all persons holding property which belongs to him, and shall afford fullindemnity to all debtors, paying their debts and all persons delivering up suchproperty to the person to whom such probate or letters of administration havebeen granted: Provided that probates and letters of administrationgranted- (a) by a High Court, or (b) by a District Judge, where the deceased at the time ofhis death had a fixed place of abode situate within the jurisdiction of suchJudge, and such.....

Indian Succession Act, 1925 Section 271

Title: Disposal of Application Made to Judge of District in Which Deceased Had No Fixed Abode

State: Central

Year: 1925

When the application is made to the Judge of a district in which the deceased had no fixed abode at the time of his death, it shall be in the discretion of the Judge to refuse, the application, if in his judgment it could be disposed of more justly or conveniently in another district, or, where the application is for letters of administration, to grant them absolutely, or limited to the property within his own jurisdiction.

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.....