Bare Act Search Results

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 Part 5

Title: Intestate Succession

State: Central

Year: 1925

.....being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 29 - Application of Part (1) This Part shall not apply to any intestacy occurring before the firstday of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist,Sikh or Jaina. (2) Save as provided in sub-section (1) or by any otherlaw for the time being in force, the provisions of this Part shall constitute the law of1 [India] in all cases ofintestacy. ___________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "theStates". Section 30 - As to what property deceased considered to have died intestate 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. .....

Indian Succession Act, 1925 Chapter 2

Title: Rules in Cases of Intestates Other Than Parsis

State: Central

Year: 1925

.....order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 32 - Devolution of such property The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. 1 [***] ___________________ 1. Explanation omitted by Act 26 of 2002, section 2. Section 33 - Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred Where the intestate has left a widow- (a) if he has also left any lineal descendants, one-thirds of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; (b) 1 [save as provided by section 33A] if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c) if he has left none who.....

Indian Succession Act, 1925 Section 33A

Title: Special Provision Where Intestate Has Left Widow and No Lineal Descendants

State: Central

Year: 1925

.....and administration expenses of theintestate, and allother lawfulliabilities and charges to which the property shall besubject. (5) This section shall not apply- (a) to the property of- (i) any Indian Christian, (ii) any child or grandchild of any male person who is orwas at the time ofhis death an IndianChristian, or (iii) any person professing the Hindu,Buddhist,Sikh or Jaina religion the succession to whose property is, under section 24 of the Special Marriage Act,1872 (3of 1872) regulated by the provisions ofthis Act; (b) unless the deceased dies intestate in respect of all his property.] ___________________ 1. Inserted by Act 40 of 1926, section 3.

Indian Succession Act, 1925 Chapter 3

Title: Special Rules for Parsi Intestates

State: Central

Year: 1925

..... Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 52 - [Repealed] 52. [Repealed.]1 ___________________ 1. New section 51 has been substituted for sections 51 and 52 by Act51 of 1991, section 3. Section 53 - Division of share of predeceased child of intestate leaving lineal descendants In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely: (a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widower of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this.....

Indian 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.....

INDIAN 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".

Indian 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,.....

Indian 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.

Indian 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.