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Home Bare Acts Phrase: s 1013 State: central Year: 1925 Page 1 of about 193 results (0.004 seconds)Sign-up to get more results
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Start Free TrialINDIAN SUCCESSION ACT, 1925 Section 113
Title: Bequest to person not in existence at testator's death subject to prior bequest
State: Central
Year: 1925
Where a bequest is made to a person not in existence at the time of the testator's death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. Illustrations (i) Property is bequeathed to A for his life, and after his death to his eldest son for life, and after the death of the latter to his eldest son. At the time of the testator's death, A has no son. Here the bequest to A's eldest son is a bequest to a person not in existence at the testator's death. It is not a bequest of the whole interest that remains to the testator. The bequest to A's eldest son for his life is void. (ii) A fund is bequeathed to A for his life, and after his death to his daughters. A survives the testator. A has daughters some of whom were not in existence at the testator's death. The bequest to A's daughters comprises the whole interest that remains to the testator in the thing bequeathed. The bequest to A's daughters is valid. (iii) A fund is bequeathed to A for his life, and after his death to his daughters, with a direction that, if any of them marries under the age of
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 170
Title: Exoneration of specific legatee's stock in joint stock company
State: Central
Year: 1925
.....of the call. These payments must be borne by A's estate. (ii) A has agreed to take 50 shares in an intended joint-stock company, and has contracted to pay up 100 rupees in respect of each share, which sum must be paid before his title to the shares can be completed. A bequeathes these shares to B. The estate of A must make good the payments which were necessary to complete A's title. (iii) A bequeaths to B his shares in a certain railway. B accepts the legacy. After A's death a call is made in respect of the shares. B must pay the call. (iv) A bequeaths to B his shares in a joint-stock company. B accepts the bequest. Afterwards the affairs of the company are wound up, and each shareholder is called upon for contribution. The amount of the contribution must be borne by the legatee. (v) A is the owner often shares in a railway company. At a meeting held during his lifetime a call is made of fifty rupees per share, payable by three instalments. A bequeaths his shares to B, and dies between the day fixed for the payment of the first and the day fixed for the payment of the second instalment, and without having paid the first instalment. A's estate must pay the first.....
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 112
Title: Bequest to person by particular description, who is not in existence at testator's death
State: Central
Year: 1925
Where a bequest is made to a person by a particular description, and there is no person in existence at the testator's death who answers the description, the bequest is void. Exception.If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise; and if a person answering the description is alive at the death of the testator, or comes into existence between that event, such later time and the property shall, at such later time, go to that person, or, if he is dead, to his representatives. Illustrations (i) A bequeaths 1,000 rupees to the eldest son of B. At the death of the testator, B has no son. The bequest is void. (ii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator. C had no son. Afterwards, during the life of B, a son is born to C. Upon B's death the legacy goes to C's son. (iii) A bequeaths 1,000 rupees to B for life, and after his death to the eldest son of C. At the death of the testator, C had no son. Afterwar
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 44
Title: Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister living
State: Central
Year: 1925
If the intestate's father is dead but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a deceased sister, Mary, and two children of George, a deceased brother of the half blood who was the son of his father but not of his mother. The mother takes one-fifth, John and Henry each take one-fifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth equally between them.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 168
Title: Completion of testator's title to things bequeathed to be at cost of his estate
State: Central
Year: 1925
Where anything is to be done to complete the testator's title to the thing bequeathed, it is to be done at the cost of the testator's estate. Illustrations (i) A, having contracted in general terms for the purchase of a piece of land at a certain price, bequeaths to B, and dies before he has paid the purchase-money. The purchase-money must be made good out of A's assets. (ii) A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase-money. One-half of the purchase-money must be paid out of A's assets.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 349
Title: Legatee's title to produce of specific legacy
State: Central
Year: 1925
The legatee of a specific legacy is entitled to the clear produce thereof, if any, from the testator's death. Exception.A specific bequest, contingent in its terms, does not comprise the produce of the legacy between the death of the testator and the vesting of the legacy. The clear produce of it forms part of the residue of the testator's estate. Illustrations (i) A bequeaths his flock of sheep to B. Between the death of A and delivery by his executor the sheep are shorn or some of the ewes produce lambs. The wool and Iambs are the property of B. (ii) A bequeaths his Government securities to B, but postpones the delivery of them till the death of C The interest which falls due between the death of A and the death of C belongs to B, and must, unless he is a minor, be paid to him as it is received. (iii) The testator bequeaths all his four percent. Government promissory notes to/1 when he shall complete the age of 18. A, if he completes that age, is entitled to receive the notes, but the interest which accrues in respect of them between the testator's death and A's completing 18, form part of the residue.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 45
Title: Where intestate's father dead and his mother and children of any deceased brother or sister living
State: Central
Year: 1925
If the intestate's father is dead, but the intestate's mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death. Illustration A, the intestate, leaves no brother or sister but leaves his mother and one child of deceased sister, Mary and two children of deceased brother George. The mother takes one-third, the child of Mary takes one-third, and the children of George divide the remaining one-third equally between then.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 350
Title: Residuary legatee's title to produce of residuary fund
State: Central
Year: 1925
The legatee under a general residuary bequest is entitled to the produce of the residuary fund from the testator's death. Exception.A general residuary bequest contingent in its terms does not comprise the income which may accrue upon the fund bequeathed between the death of the testator and the vesting of the legacy. Such income goes as undisposed of. Illustrations (i) The testator bequeaths the residue of his property to A, a minor, to be paid to him when he shall complete the age of 18. The income from the testator's death belongs to A. (ii) The testator bequeaths the residue of his property to A when he shall complete the age of 18. A, if he completes that age, is entitled to receive that residue. The income which has accrued in respect of it since the testator's death goes as undisposed of.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 16
Title: Wife's domicile during marriage
State: Central
Year: 1925
A wife's domicile during her marriage follows the domicile of her husband. Exception.The wife's domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation.
View Complete Act List Judgments citing this sectionINDIAN SUCCESSION ACT, 1925 Section 22
Title: Settlement of minor's property in contemplation of marriage
State: Central
Year: 1925
Section 22 - Settlement of minor's property in contemplation of marriage (1) Theproperty of a minor may be settled in contemplation of marriage,provided the settlement is made by the minor with the approbation of theminor's father, or, if the father is dead or absent from 1 [India] with the approbation of the High Court. (2) Nothing in this section or insection 21 shall apply to any will made orintestacy occurring before the first day of January, 1866, or to intestate or testamentarysuccession to the property of any Hindu, Muhammadan, Buddhist, Sikh orJaina. ________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States".
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