Bare Act Search Results

Legal Representatives Suits Act, 1855 Section 1

Title: Executors May Sue and Be Sued in Certain Cases for Wrongs Committed in Lifetime of Deceased

State: Central

Year: 1855

.....and the damages.when recovered, shall be part of the personal estate of such person; and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death {The words " and so as such action shall he commenced within two years after the committing of the wrong " rep by Act 9 of 1871, s.2.For limitation see now Act 9 of 1908.} ; and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English law, be payable in like order of administration as the simple contract debts of such person.

INDIAN SUCCESSION ACT, 1925 Section 109

Title: When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime

State: Central

Year: 1925

Where a bequest has been made to any child or other lineal descendant of the testator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survives the testator, the bequest shall not lapse, but shall take effect if the death of the legatee had happened immediately after the death of the testator, unless a contrary intention appears by the Will. Illustration A makes his Will, by which he bequeaths a sum of money to his son, B, for his own absolute use and benefit. B dies before A, leaving a son, C, who survives A, and having made his Will whereby he bequeaths all his property to his widow. D. The money goes to D.

Indian Succession Act, 1925 Part 6

Title: Testamentary Succession

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

Succession Act, 1925 Complete Act

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. SECTION 76: MISNOMER OR MISS DESCRIPTION OF OBJECT (1) Where the words used in a will to designate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the name or description shall not prevent the legacy from taking effect. (2) A mistake in the name of a legatee may be corrected by a description of him, and a mistake in the description of a legatee may be corrected by the name. SECTION 77: WHEN WORDS MAY BE SUPPLIED Where any word material to the full expression of the meaning has been omitted, it may be supplied by the context. SECTION 78: REJECTION OF ERRONEOUS PARTICULARS IN DESCRIPTION OF SUBJECT If the thing which the testator intended to bequeath can be sufficiently identified.....

Indian Succession Act, 1925 Chapter 6

Title: Of the Construction of Wills

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

Indian Succession Act, 1925 Part 5

Title: Intestate Succession

State: Central

Year: 1925

.....order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 32 - Devolution of such property The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 33 - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred Where the intestate has left a widow- (a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) 1 [save as provided by section 33A] if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who.....

Indian Succession Act, 1925 Chapter 3

Title: Special Rules for Parsi Intestates

State: Central

Year: 1925

..... Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 53 - Division of share of predeceased child of intestate leaving lineal descendants In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely: (a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widower of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this.....

Insurance Act, 1938 Complete Act

State: Central

Year: 1938

.....be made under the foregoing provisions of this section before the application for registration is made whether any such application is or is not in fact made]. (8) A deposit made in cash shall be held by the Reserve Bank of India to the credit of the insurer and shall 153[a] Inserted and deemed always to have been inserted by the Insurance (Amendment) Act, 1940 (20 of 1940), Section 4. [except to the extent, if any, to which the cash has been invested in securities under sub-section (9A)], be returnable to the insurer in cash in any case in which under the provisions of this Act a deposit is to be returned; and any interest accruing due and collected on securities deposited under sub-section (1) or sub-section (2) shall be paid to the insurer, subject only to deduction of the normal commission chargeable for the realization of interest. 154[a] Sub-sections (9), (9A) and (9B) were substituted and deemed always to have been substituted by Act 20 of 1940, Section 4. [(9) The insurer may at any time replace any securities deposited by him under this section with the Reserve Bank of India either by cash or by other approved securities or partly cash and partly by other approved.....

Indian Succession Act, 1925 Chapter 10

Title: Of Contingent Bequests

State: Central

Year: 1925

.....to B, and, "in case of B's death" to C. The words "in case of B's death" are to be considered as meaning "in case B dies in the lifetime of A". Section 125 - Bequest to such of certain persons as shall be surviving at some period not specified Where a bequest is made to such of certain persons as shall be surviving at some period, but the exact period is not specified, the legacy shall go to such of them as are alive at the time of payment or distribution, unless a contrary intention appears by the will. Illustrations (i) Property is bequeathed to A and B to be equally divided between them, or to the survivor of them. If both A and B survive the testator, the legacy is equally divided between them. If A dies before the testator, and B survives the testator, it goes to B. (ii) Property is bequeathed to A for life, and, after his death, to B and C, to be equally divided between them, or to the survivor of them. B dies during the life of A; C survives A. At A's death the legacy goes to C. (iii) Property is bequeathed to A for life, and after his death to B and C, or the survivor, with a direction that, if B should not survive the testator, his children are to stand in.....

Indian Succession Act, 1925 Chapter 11

Title: Of Conditional Bequests

State: Central

Year: 1925

.....may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120. Section 136 - Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Illustrations (i) A bequest is made to A, with a proviso that, unless he enters the Army, the legacy shall go over to B. A takes Holy Orders, and thereby renders it impossible that he should fulfil the condition. B is entitled to receive the legacy. (ii) A bequest is made to A, with a proviso that it shall cease to have any effect if he does not marry B's daughter. A marries a stranger and.....