Bare Act Search Results

Indian 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,.....

Succession 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.....

Indian Succession Act, 1925 Chapter 3

Title: Of the Execution of Unprivileged Wills

State: Central

Year: 1925

.....more than one witness be present at the same time, and noparticular form of attestation shallbe necessary. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I. Section 63 - Execution of unprivileged Wills Every testator, not being asoldier employed in an expedition or engaged in actual warfare, 1 [or an airman so employed orengaged,] or a mariner at sea, shallexecute his Will according to the followingrules:- (a) The testator shall sign or shallaffix his mark to the Will, or it shall be signed by some other person in hispresence and by his direction. (b) The signature or mark of thetestator, or the signature of the person signing for him,shall be so placedthat it shall appear that it was intendedthereby to give effect to the writing as a Will. (c) The Will shall be attested by two or more witnesses, each of whom hasseen the testator sign or affix hismark to the Will or has seen some otherperson sign the Will, in the presence and by the direction of the testator, orhas received from the testator a personal acknowledgement of his signature or mark, or of the signature of such other person; and each of thewitnesses shall sign the Will in the.....

Indian Succession Act, 1925 Section 63

Title: Execution of Unprivileged Wills

State: Central

Year: 1925

.....effect to the writing as a Will. (c) The Will shall be attested by two or more witnesses, each of whom hasseen the testator sign or affix hismark to the Will or has seen some otherperson sign the Will, in the presence and by the direction of the testator, orhas received from the testator a personal acknowledgement of his signature or mark, or of the signature of such other person; and each of thewitnesses shall sign the Will in the presenceof the testator, but it shallnot be necessary that more than one witness be present at the same time, and noparticular form of attestation shallbe necessary. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I.

Indian Succession Act, 1925 Chapter 4

Title: Of Privileged Wills

State: Central

Year: 1925

.....on amilitary expedition, but not being at sea, is considered as a soldier, and canmake a privileged Will. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I. Section 65 - Privileged Wills Any soldier being employed in anexpedition or engaged in actual warfare, 1 [or an airman so employed or engaged,] or any mariner being at sea,may, if he has completed the age of eighteen years, dispose of his property by a Will made in the manner provided in section66. Such Wills are calledprivileged Wills. Illustrations (i) A, a medical officer attached to a regiment is actually employedin an expedition. He is a soldier actually employed in an expedition, and canmake a privileged Will. (ii) A is at sea in a merchant-ship of which he is the purser. He is a mariner,and, being at sea, can make a privileged Will. (iii) A, a soldier service in thefield against insurgents, is a soldier engaged in actual warfare, and as suchcan make a privileged Will. (iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she islying in harbour. He is, for the purposes of this section, a mariner at sea,and can make a privileged Will. (v) A,.....

Indian 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.....

Indian 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.....

Indian 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.....

Indian Succession Act, 1925 Section 66

Title: Mode of Making, and Rules for Executing, Privileged Wills

State: Central

Year: 1925

.....ofhis Will, and theyhave been reduced into writing in hislifetime, but he has died before the instrument could be prepared and executed,such instructions shall be considered to constitute his Will, although they may not have been reduced intowriting in his presence, nor read over to him. (g) The soldier, 1 [airman] or mariner may make a Will by word of mouth bydeclaring his intentions before two witnessespresent at the same time. (h) A Will made by word of mouth shall be null at the expiration of one month after thetestator, being still alive, has ceased to be entitled to make a privileged Will. ______________________ 1. Inserted by Act 10of 1927, section 2 and Schedule I.

Indian 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.....