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Start Free TrialIndian 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,.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 274
Title: Transmission to High Courts of Certificate of Grants Under Proviso to Section 273
State: Central
Year: 1925
(1) Where probate or letters of administration has or have been granted by a High Court or District Judge with the effect referred to in the proviso to section 273, the High Court or District Judge shall send a certificate thereof to the following courts, namely: (a) when the grant has been made by a High Court, to each of the other High Courts; (b) when the grant has been made by a District Judge, to the High Court to which such District Judge is subordinate and to each of the other High Courts. (2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same. (3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court required to send the certificate referred to in sub-section (1) shall send a copy thereof to such District Judge, and such copy shall be filed by the District Judge receiving the same.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 382
Title: Effect of Certificate Granted or Extended by Indian Representative in Foreign State and in Certain Other Cases
State: Central
Year: 1925
.....Act, 1951 (3 of 1951), to a resident within any Part B State by adistrict judge of that State or has been extended by him in such form, or (c) has been granted after the commencement of the Part BStates (Laws) Act, 1951 (3 of 1951), to a resident within the State of Jammuand Kashmir by the district judge of that State or has been extended by him insuch form, the certificate shall, when stamped in accordance with theprovisions of the Court-Fees Act, 1870 (7 of 1870), with respect tocertificates under this Part, have the same effect in India as a certificategranted or extended under this Part.] _____________________ 1. Substituted by Act 1957, sec. 2 for the former section.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 377
Title: Forms of Certificate and Extended Certificate
State: Central
Year: 1925
Certificates shall be granted and extensions of certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 372
Title: Application for Certificate
State: Central
Year: 1925
.....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.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 10
Title: Succession Certificates
State: Central
Year: 1925
.....in this Part referred to as a certificate) shall not be granted under this Part with respect to any debt or security to which a right is required by section 212 or section 213 to be established by letters of administration or probate: Provided that nothing contained in this section shall be deemed to prevent the grant of a certificate to any person claiming to be entitled to the effects of a deceased Indian Christian, or to any part thereof, with respect to any debt or security, by reason that a right thereto can be established by letters of administration under this Act. (2) For the purposes of this Part, "security" means- (a) any promissory note, debenture, stock or other security of the Central Government or of a State Government; (b) any bond, debenture, or annuity charged by Act of Parliament1[of the United Kingdom] on the revenues of India; (c) any stock or debenture of, or share in, a company or other incorporated institution; (d) any debenture or other security for money issued by, or on behalf of, a local authority; (e) any other security which the2[State Government] may, by notification in the Official Gazette, declare to be a security for the.....
View Complete Act List Judgments citing this sectionIndian 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.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 295
Title: Procedure in Contentious Cases
State: Central
Year: 1925
In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 284
Title: Caveats Against Grant of Probate or Administration
State: Central
Year: 1925
(1) Caveats against the grant of probate or administration may be lodged with a District Judge or a District Delegate. (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to, the District Delegate, if any, within whose jurisdiction it is alleged the deceased had fixed place of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit the same. (4) Form of caveat.The caveat shall be made as nearly as circumstances admit in the form set forth in Schedule V.
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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