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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,.....

Specific Relief Act 1963 Complete Act

Title: Specific Relief Act 1963

State: Central

Year: 1963

.....not as owner, to deliver to persons entitled to immediate possession Chapter II Section9 - Defences respecting suits for relief based on contract Section10 - Cases in which specific performance of contract enforceable Section11 - Cases in which specific performance of contracts connected with trusts enforceable Section12 - Specific performance of part of contract Section13 - Rights of purchaser or lessee against person with no title or imperfect title Section14 - Contracts not specifically enforceable Section15 - Who may obtain specific performance Section16 - Personal bars to relief Section17 - Contract to sell or let property by one who has no title, not specifically enforceable Section18 - Non-enforcement except with variation Section19 - Relief against parties and persons claiming under them by subsequent title Section20 - Discretion as to decreeing specific performance Section21 - Power to award compensation in certain cases Section22 - Power to grant relief for possession, partition, refund of earnest money, etc Section23 - Liquidation of damages not a bar to specific performance Section24 - Bar of suit for compensation for breach after dismissal of.....

Indian Succession Act, 1925 Section 149

Title: Where Deficiency of Assets to Pay Legacies, Specific Legacy Not to Abate with General Legacies

State: Central

Year: 1925

If there is a deficiency of assets to pay legacies, a specific legacy is not liable to abate with the general legacies.

Indian Succession Act, 1925 Chapter 14

Title: Of Specific Legacies

State: Central

Year: 1925

.....C": "the money due to me on the bond of D": "my mortgage on the Rampur factory": "one-half of the money owing to me on my mortgage of Rampur factory": "1,000 rupees, being part of debt due to me from C": "my capital stock of 1,000 in East India Stock": "my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan": "all such sums of money as my executors may, after my death, receive in respect of the debt due to me from the insolvent firm of D and Company": "all the wine which I may have in my cellar at the time of my death": "such of my horses as B may select": "all my shares in the Imperial Bank of India": "all my shares in the Imperial Bank of India which I may possess at the time of my death": "all the money which I have in the 5 1/2 per cent. loan of the Central Government": "all the Government securities I shall be entitled to at the time of my decease". Each of these legacies is specific. (ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors "Government promissory notes for 10,000 rupees in trust to sell" for the benefit of B. The legacy is specific. (iii) A, having property.....

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 16

Title: Of Ademption of Legacies

State: Central

Year: 1925

..... "the debt which C owes me": "2,000 rupees which I have in the hands of D": "the money due to me on the bond of E": "my mortgage on the Rampur factory". All these debts are extinguished in A's lifetime, some with and some without his consent. All the legacies are adeemed. (ii) A bequeaths to B his interest in certain policies of life assurance. A in his lifetime receives the amount of the policies. The legacy is adeemed. Section 155 - Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received, Illustration A bequeaths to B "the debt due to me by C'. The debt amounts to 10,000 rupees. C pays to A 5,000 rupees the one-half of the debt. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A. Section 156 - Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or.....

Indian Succession Act, 1925 Complete Act

Title: Indian Succession Act, 1925

State: Central

Year: 1925

.....- Short title Section2 - Definitions Section3 - Power of State Government to exempt any race, sect or tribe in the State from operation of Act Part 2 Section4 - Application of Part Section5 - Law regulating succession to deceased person's immovable and movable property, respectively Section6 - One domicile only affects succession to movables Section7 - Domicile of origin of person of legitimate birth Section8 - Domicile of origin of illegitimate child Section9 - Continuance of domicile of origin Section10 - Acquisition of new domicile Section11 - Special mode of acquiring domicile in India Section12 - Domicile not acquired by residence as representative of foreign Government, or as part of his family Section13 - Continuance of new domicile Section14 - Minor's domicile Section15 - Domicile acquired by woman on marriage Section16 - Wife's domicile during marriage Section17 - Minor's acquisition of new domicile Section18 - Lunatic's acquisition of new domicile Section19 - Succession to movable property in India in absence of proof of domicile elsewhere Part 3 Section20 - Interests and powers not acquired nor lost by marriage Section21 - Effect of marriage.....

Indian Succession Act, 1925 Section 157

Title: Order of Payment Where Portion of Fund Specifically Bequeathed to One Legatee, and Legacy Charged on Same Fund to Another, and Testator Having Received Portion of That Fund, Remainder Insufficient to Pay Both Legacies

State: Central

Year: 1925

.....extent in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator. Illustration A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. A afterwards receives 1 [500] rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W. Of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. ______________________ 1. Substituted by Act 10 of 1927, section 2 and Schedule I, for "5,000".

INDIAN SUCCESSION ACT, 1925 Section 333

Title: Effect of executor's assent to specific legacy

State: Central

Year: 1925

.....from the executor, and he directs him to apply to the legatee. Assent to the legacy is implied. (ii) The interest of a fund is directed by the Will to be applied for the maintenance of the legatee during his minority. The executor commences so to apply it. This is an assent to the whole of the bequest. (iii) A bequest is made of a fund to A and after him to B. The executor pays the interest 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.

INDIAN 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.