Bare Act Search Results

Indian Succession Act, 1925 Section 326

Title: Executor or Administrator Not Bound to Pay Legacies Without Indemnity

State: Central

Year: 1925

If the estate of the deceased is subject to any contingent liabilities, an executor or administrator is not bound to pay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due.

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.....

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 Carriage of Goods by Sea Act, 1925 (26 of 1925) Schedule 1

Title: Rules Relating to Bills of Ladings

State: Central

Year: 1925

.....fire, unless caused by the actual fault or privity of the carrier; (c) perils, dangers and accidents of the sea or other navigable waters; (d) act of God; (e) act of war; (f) act of public enemies; (g) arrest or restraint of princes, rulers of people, or seizure under legal process; (h) quarantine restriction; (i) act or omission of the shipper or owner of the goods, his agent, or representative; (j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; (k) riots and civil commotions; (l) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods; (n) insufficiency of packing; (o) insufficiency or inadequacy of marks; (p) latent defects not discoverable by due diligence; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or.....

Indian Succession Act, 1925 Chapter 22

Title: Of Election

State: Central

Year: 1925

.....England does not pass by theWill. Cmay claim his legacy without giving up thereal property in England. ________________________ 1. Substitutedby Act 3 of 1951, section 3 and Schedule, for "the States". Section 182 - Testator's belief as to his ownership immaterial The provisions of sections 180 and 181apply whether the testator does or does not believe that which he professes todispose of by his Will to be his own. Illustrations (i) The farm of Sultanpur was theproperty of C. A bequeathed it to B,giving a legacy of 1,000rupees to C. C has elected to retain hisfarm of Sultanpur, which is worth 800rupees. C forefeitshis legacy of 1,000 rupees, of which 800 rupees goes to B, andthe remaining 200 rupees falls into the residuarybequest, or devolves according to the rules of intestate succession, as thecase may be. (ii) A bequeaths an estate to B in case B'selder brother (who is married and has children) shallleave no issue living at hisdeath. A also bequeaths to C a jewel, which belongs to B. B must elect to give up the jewelor to lose the estate. (iii) A bequeaths to B 1,000rupees, and to C an estate which Will, under a settlement, belong to B ifhis elder brother(who.....

Indian Succession Act, 1925 Section 186

Title: Exception to Provisions of Last Six Sections

State: Central

Year: 1925

Notwithstanding anything contained in sections 180 to 185, where a particular gift is expressed in the Will to be in lieu of something belonging to the legatee which is also in terms disposed of by the Will, then, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the Will. Illustration Under A's marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his Will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees.

Indian Succession Act, 1925 Chapter 7

Title: Of the Duties of an Executor or Administrator

State: Central

Year: 1925

..... (4) The exhibition of an intentionally false inventory or account under this section shall be deemed to be an offence under section 193 of that Code. Section 318 - Inventory to include property in any part of India in certain cases In all cases where a grant has been made of probate or letters of administration intended to have effect throughout1[India],2[* * *] the executor or administrator shall include in the inventory of the effects of the deceased all his movable and immovable property situate in1[India] and the value of such property situate in each state shall be separately stated in such inventory, and the probate or letters of administration shall be chargeable with a fee corresponding to the entire amount or value of the property affected thereby wheresoever situate within1[India]. ______________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". 2. The words "of India" omitted by Act 48 of 1952, section 3 and Schedule II. Section 318 - Inventory to include property in any part of India in certain cases In all cases where a grant has been made of probate or letters of administration intended to have effect.....

Indian Succession Act, 1925 Chapter 8

Title: Of Assent to a Legacy by Executor or Administrator

State: Central

Year: 1925

.....of the fund to A. This is an implied assent to the bequest to B. (iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to the legacies may be presumed. (v) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection on the part of the executor. His assent may be presumed. Section 334 - Conditional assent The assent of an executor or administrator to a legacy may be conditional and if the condition is one which he has a right to enforce, and it is not performed, there is no assent. Illustrations (i) A bequeaths to B his lands of Sultanpur, which at the date of the Will, and at the death of A were subject to a mortgage for 10,000 rupees. The executor assents to the bequest, on condition that B shall within a limited time pay the amount due on the mortgage at the testator's death. The amount is not paid. There is no assent. (ii) The executor assents to a bequest on condition that the legatee shall pay him a sum of money. The payment is not made. The assent is nevertheless valid. Section 335 - Assent of executor to his own legacy (1) When the.....

Indian Succession Act, 1925 Section 337

Title: Executor when to Deliver Legacies

State: Central

Year: 1925

An executor or administrator is not bound to pay or deliver any legacy until the expiration of one year from the testator's death. Illustration A by his Will directs his legacies to be paid within six months after his death. The executor is not bound to pay them before the expiration of a year.

Carriage of Goods by Sea Act, 1925 Complete Act

State: Central

Year: 1925

.....(b) fire. unless caused by the actual fault or privity of the carrier: (c) perils, dangers and accidents of the sea or other navigable waters: (d) act of God; (e) act of war; (f) act of public enemies: (g) arrest or restraint of princes, rulers of people, or seizure under legal process; (h) quarantine restriction; (i) act or omission of the shipper or owner of the goods, his agent, or representative; (j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general; (k) riots and civil commotions; (1) saving or attempting to save life or property at sea; (m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods; (n) insufficiency of packing; (o) insufficiency or inadequacy of marks; (p) latent defects not discoverable by due diligence; (q) any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the.....