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Indian Succession Act, 1925 Part 6

Title: Testamentary Succession

State: Central

Year: 1925

.....of determining questions as to what person or what property is denoted by any words used in a Will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such Will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduct to the right application of the words which the testator has used. Illustrations (i) A, by his Will, bequeaths 1,000 rupees to his eldest son or to his youngest grand-child, or to his cousin, Mary; a Court may make inquiry in order to ascertain to what person the description in the Will applies. (ii) A, by his Will, leaves to B "my estate called Black Acre." It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator's is called Black Acre. (iii) A, by his Will, leaves to B "the estate which I purchased of C". It may be necessary to take evidence in order to ascertain what estate the testator purchased of C. Section 76 - Misnomer or misdescription of object (1) Where the words used in a Will to.....

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Hindu Succession Act, 1956 Chapter II

Title: Intestate Succession

State: Central

Year: 1956

.....of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.--For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005. (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December,2004 Explanation- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 or partition effected by a decree of a court.] ________________________________ 1. Substituted vide Hindu Succession (Amendment) Act, 2005. Previous text was When a male Hindu dies after the.....

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Indian Succession Act, 1925 Part 5

Title: Intestate Succession

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.....

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Indian Succession Act, 1925 Part 8

Title: Representative Title to Property of Deceased on Succession

State: Central

Year: 1925

.....or letters of administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the Administrator-General's Act, 1913 (3 of 1913), and having the debt mentioned therein, or (iii) a succession certificate granted under Part X and having the debt specified therein, or (iv) a certificate granted under the Succession Certificate Act, 18891(7 of 1889), or (v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889 having the debt specified therein. (2) The word' 'debt'' in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes. ______________________ 1. Substituted by Act 52 of 1964, section 3 and Schedule II., for "ordinary civil jurisdiction". Section 214 - Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons (1) No Court shall- (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of.....

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Indian Succession Act, 1925 Complete Act

Title: Indian Succession Act, 1925

State: Central

Year: 1925

..... Section383 - Revocation of certificate Section384 - Appeal Section385 - Effect on certificate of previous certificate, probate or letters of administration Section386 - Validation of certain payments made in good faith to holder of invalid certificate Section387 - Effect of decisions under this Act, and liability of holder of certificate thereunder Section388 - Investiture of inferior courts with jurisdiction of District Court for purposes of this Act Section389 - Surrender of superseded and invalid certificates Section390 - Provisions with respect to certificates under Bombay Regulation VIII of 1827 Part 11 Section391 - Saving Section392 - Repeals Schedule1 - SCHEDULE 1 Schedule2 - SCHEDULE 2 Schedule3 - SCHEDULE 3 Schedule4 - SCHEDULE 4 Schedule5 - SCHEDULE 5 Schedule6 - SCHEDULE 6 Schedule7 - SCHEDULE 7 Schedule8 - SCHEDULE 8 Schedule9 - SCHEDULE 9

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Hindu Succession Act, 1956 Complete Act

Title: Hindu Succession Act, 1956

State: Central

Year: 1956

Preamble1 - HINDU SUCCESSION ACT, 1956 Chapter I Section1 - Short title and extent Section2 - Application of Act Section3 - Definitions and interpretations Section4 - Over-riding effect of Act Chapter II Section5 - Act not to apply to certain properties Section6 - Devolution of interest of coparcenary property Section7 - Devolution of interest in the property of a tarwad, tavazhi, kutumba, kavaru or illom Section8 - General rules of succession in the case of males Section9 - Order of succession among heirs in the Schedule Section10 - Distribution of property among heirs in class I of the Schedule Section11 - Distribution of property among heirs in class II of the Schedule Section12 - Order of succession among agnates and cognates Section13 - Computation of degrees Section14 - Property of a female Hindu to be her absolute Property Section15 - General rules of succession in the case of female Hindus Section16 - Order of succession and manner of distribution among heirs of a female Hindu Section17 - Special provisions respecting persons governed by marumakkattayam and aliyasantana laws Section18 - Full blood preferred to half blood Section19 - Mode of succession of.....

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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".

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Indian Succession Act, 1925 Preamble 1

Title: Indian Succession Act, 1925

State: Central

Year: 1925

Preamble 1 - INDIAN SUCCESSION ACT, 1925 THE INDIAN SUCCESSION ACT, 19251 [Act, No. 39 of 1925] [30th September, 1925] PREAMBLE An Act to consolidate the law applicable to intestate and testamentary succession 2 [* * *]. Whereas it is expedient to consolidate the law applicable to intestate and testamentary succession 2 [* * *]. It is hereby enacted as follows:- _____________________ 1. The Act has been extended to Berar by the Berar Laws Act, 1941 (4 0f 1941) and to Manipur by the Union Territories (Laws) Amendment Act, 1956 (68 of 1956). 2. The words "in the Provinces of India" omitted by the A.O. 1950.

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Indian Succession Act, 1925 Part 10

Title: Succession Certificates

State: Central

Year: 1925

.....order for the grant of the certificate to him. (3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto. (4) When there are more applicants than one for a certificate, and it appears to the Judge that more than one of such applicants are interested in the estate of the deceased, the Judge may, in deciding to whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects of the applicants. Section 374 - Contents of certificate When the District Judge grants a certificate, he shall therein specify the debts and securities setforth in the application for the certificate, and may thereby empower the person to whom the certificate is granted (a) to receive interest or dividends on, or (b) to negotiate or transfer, or (c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them. Section 375 - Requisition of security.....

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Indian Succession Act, 1925 Section 50

Title: General Principles Relating to Intestate Succession

State: Central

Year: 1925

.....2 [a widow or widower of any lineal descendant] shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided; and (c) where a 2 [widow or widower of any relative] of an intestate has married again in the lifetime of the intestate, 3 [such widow or widower] shall not be entitled to receive any share of the property of which the intestate has died intestate, and 3 [such widow or widower] shall be deemed not to be existing at the intestate's death. ___________________ 1. Substituted by Act 17 of 1939, section 2, for the original sections 50-56 (w.e.f. 12-6-1939). 2. Substituted by Act 51 of 1991, section 2. 3. Substituted by Act 51 of 1991, section 2. for the word "she".

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