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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 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.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 93
Title: Bequest to "heirs", Etc., of Particular Person Without Qualifying Terms
State: Central
Year: 1925
Where a bequest is made to the "heirs" or "right heirs" or "relations" or ''nearest relations" or "family" or "kindred" or "nearest of kin" or "next-of-kin" of a particular person without any qualifying terms, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it, leaving assets for the payment of his debts independently of such property. Illustrations (i) A leaves his property "to my own nearest relations". The property goes to those who would be entitled to it if A had died intestate, leaving assets for the payment of his debts independently of such property. (ii) A bequeaths 10,000 rupees "to B for his life, and, after the death of B, to my own right heirs". The legacy after B's death belongs to those who would be entitled to it if it had formed part of A's unbequeathed property. (iii) A leaves his property to B; but if B dies before him, to B's next-of kin; B dies before A; the property devolves as if it had belonged to B, and he had died intestate, leaving assets for the payment of his debts independently of such p
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 7
Title: Protection of Property of Deceased
State: Central
Year: 1925
.....receive remuneration (1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (2) All surplus money realized by the curator shall be paid into Court, and invested in public securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable dispatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office. Section 199 - Report from Collector where estate includes revenue-paying land (1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the.....
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 5
Title: Law regulating succession to deceased person's immovable and movable property, respectively
State: Central
Year: 1925
.....in1[India], dies in France, leaving movable property in France, movable properly in England and property, both movable and immovable, in1[India]. The succession to the whole is regulated by the law of1[India], (ii) A, an Englishman, having his domicile in France, dies in1[India] and leaves property both movable and immovable, in1[India]. The succession to the movable property is regulated by the rules which govern, in France, the succession to the movable property of an Englishman dying domiciles in France, and the succession to the immovable property is regulated by law of1[India]. _____________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States".
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Part 8
Title: Representative Title to Property of Deceased on Succession
State: Central
Year: 1925
.....outside those limits, in so far as they relate to immoveable property situated within those limits. ______________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the State". 2. Substituted by Act 16 of 1962, section 4, for Sub-section (2). 3. Inserted by Act 26 of 2002, section 3. 4. Substituted by Act 52 of 1964, section 3 and Schedule II., for "ordinary civil jurisdiction". Section 213 - Right as executor or legatee when established (1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in 1 [India] has granted probate of the Will under which the right is claimed, or has granted letters of administration with the Will or with a copy of an authenticated copy of the Will annexed. 2 [(2) This section shall not apply in the case of Wills made by Muhammadans 3 [or Indian Christians], and shall only apply- (i) in the case of Wills made by any Hindu, Buddhist, Sikh or Jaina where such Wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of Wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act,.....
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 54
Title: Division of Property Where Intestate Leaves No Lineal Descendant but Leaves a Widow or Widower of Any Lineal Descendant
State: Central
Year: 1925
.....among the relatives of the intestate in the order specified in Part 1 of Schedule II; and the next-of-kin standing first in PartI of that Scheduleshall be preferredto those standing second, the second to the third and so on in succession,provided that the property shallbe so distributed that each male and female standing in the same degree ofpropinquity shall receive equal shares; (e) if there are no relatives entitled to the residue underclause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section.] ___________________ 1. Substituted by Act 51 of 1991, section 4.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 307
Title: Power of Executor or Administrator to Dispose of Property
State: Central
Year: 1925
.....for a term exceeding five years. (iii) A disposal of property by an executor or administrator in contravention of clause (i) or clause (ii), as the case may be, is voidable at the instance of any other person interested in the property. (3) Before any probate or letters of administration is or are granted in such a case, there shall be endorsed thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii) of sub-section (2) or of sub-section (1) and clauses (ii) and (iii) of sub-section (2), as the case may be. (4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required by sub-section (3) not having been made thereon or attached thereto, nor shall the absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 30
Title: As to What Property Deceased Considered to Have Died Intestate
State: Central
Year: 1925
A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect. Illustrations (i) A has left no will. He has died intestate in respect of the whole of his property. (ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has died intestate in respect of the distribution of his property. (iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property. (iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; and has died leving the sum of 2,000 rupees and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000 rupees.
View Complete Act List Judgments citing this sectionIndian Succession Act, 1925 Section 269
Title: When and How District Judge to Interfere for Protection of Property
State: Central
Year: 1925
(1) Until probate is granted of the Will of a deceased person, or an administrator of his estate is constituted, the District Judge, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the property. (2) This section shall not apply when the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died intestate.
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