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Start Free TrialSuccession 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 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 2
Title: Of Limited Grants
State: Central
Year: 1925
.....258 to 260 - Grant of effects unadministered Section 258 - Grant of effects unadministered If an executor to whom probate has been granted has died, leaving a part of the testator's estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate. Section 259 - Rules as to grants of effects unadministered In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. Section 260 - Administration when limited grant expired and still some part of estate unadministered When a limited grant has expired, by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 259
Title: Rules as to Grants of Effects Unadministered
State: Central
Year: 1925
In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made.
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 sectionProvident Funds Act, 1925 Complete Act
State: Central
Year: 1925
.....policy. In order to rive effect to these suggestions and also to certain other minor points it is considered desirable to amend the existing Act and to re-enact it in a consolidated form." -Gazette of India. 1924, Part V, p. 122. Amending Act 46 of 1975; At present every retired Central Service Class I officer entitled to pension is prohibited from taking up commercial employment before the expiry of two years from the date of his retirement unless he obtains the previous sanction of the President for taking up such employment. If such a pensioner accents any commercial employment without the previous sanction of the President. no pension is payable to him in respect of any period for which he is so employed or for such longer period as The President may direct [vide rule 10 of the Central Civil Services (Pension) Rules 1972.] 2. In the interest of purity of administration. it is considered necessary to impose similar restrictions, with suitable safeguards in the case also of members of Central Ser- vices Class I entitled to the benefits of a contributory Provident Fund. For this purpose. the Bill seeks to amend the Provident Funds Act. 1925. 3. The Bill seeks to achieve.....
List Judgments citing this sectionIndian Succession Act, 1925 Section 219
Title: Where Deceased is Not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or Exempted Person
State: Central
Year: 1925
.....surviving his wife has the same right of administration of her estateas the widow has in respect of the estate of her husband. (f) Whenthere is no person connected with the deceased by marriage or consanguinitywho is entitled to letters of administration and Willing to act, they may begranted to a creditor. (g)Wherethe deceased has left property in 1 [India], letters ofadministration shall be granted according to the foregoing rules,notwithstanding that he had his domicile in 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".
View Complete Act List Judgments citing this sectionProvident Funds Act, 1925 Section 4
Title: Provisions Regarding Repayments
State: Central
Year: 1925
.....or any part of any sum standing to the credit of the subscriber or depositor has been assigned to any other person before the commencement of this Act. and notice in writing of the assignment has been received by the officer from the assignee, the officer shall, after making any deduction authorised by this Act and any payment due under Cl. (a) to or on behalf of the widow or children of the subscriber or depositor-- (i) if the subscriber or depositor or. if he is dead, the person to whom in the absence of any valid assignment the sum or balance would be payable under this sub-Section given his consent in writing, pay the sum or part or the balance thereof, as the case may be, to the assignee, or (ii) if such consent is not forthcoming, withhold payment of the sum, part or balance, as the case may be, pending a decision of a competent Civil Court as to the person entitled to receive it. (2) The making of any payment authorized by sub-Section (1) shall be a full discharge to the Government or the railway administration, as the case may be, from all liability In respect of so much of the sum standing to the credit of the subscriber or depositor as is equivalent to the.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 246
Title: Administration, for Use and Benefit of Lunatic or Minor
State: Central
Year: 1925
If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestate's estates applicable in the case of the deceased, is a minor or lunatic, letters of administration, with or without the Will annexed, as the case may be, shall be granted to the person to whom the care of his estate has been committed by competent authority, or, if there is no such person, to such other person as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be.
View Complete Act List Judgments citing this sectionIndian 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.....
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