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 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 Chapter 4

Title: Of the Practice in Granting and Revoking Probates and Letters of Administration

State: Central

Year: 1925

.....the A.O. 1948, for "thewhole of British India". 2. The words "of India" omitted by the A.O.1950. 3. Inserted by A.O. 1937. 4. Substituted by Act 3 of 1951,section 3 andSchedule, for "the States". 5. 1st April, 1937. 6. Added by the A. O. 1948. 7. The words "of India" omitted by Act 42of 1953, section 4 and Schedule III. 8. 15th August, 1947. Section 273 - Conclusiveness of probate or letters of administration Probate or letters of administration shall have effect overall the property and estate, moveable or immoveable, of the deceased,throughout the State in which the same is or are granted, and shall beconclusive as to the representative title against all debtors of the deceased,and all persons holding property which belongs to him, and shall afford fullindemnity to all debtors, paying their debts and all persons delivering up suchproperty to the person to whom such probate or letters of administration havebeen granted: Provided that probates and letters of administrationgranted- (a) by a High Court, or (b) by a District Judge, where the deceased at the time ofhis death had a fixed place of abode situate within the jurisdiction of suchJudge, and such.....

Indian Succession Act, 1925 Chapter 2

Title: Of Limited Grants

State: Central

Year: 1925

.....258 to 260 - Grant of effects unadministered Section 258 - Grant of effects unadministered If an executor to whom probate has been granted has died, leaving a part of the testator's estate unadministered, a new representative may be appointed for the purpose of administering such part of the estate. Section 259 - Rules as to grants of effects unadministered In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. Section 260 - Administration when limited grant expired and still some part of estate unadministered When a limited grant has expired, by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased's estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made.

Indian Succession Act, 1925 Section 251

Title: Administration Limited to Suit

State: Central

Year: 1925

When it is necessary that the representative of a person deceased be made a party to a pending suit, and the executor, or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete execution.

Indian Succession Act, 1925 Section 247

Title: Administration, Pendente Lite

State: Central

Year: 1925

Pending any suit touching the validity of the Will of a deceased person or for obtaining or revoking any probate or any grant of letters of administration the Court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing such estate, and every such administrator shall be subject to the immediate control of the Court and shall act under its direction.

INDIAN SUCCESSION ACT, 1925 Section 266

Title: District Judge's powers as to grant of probate and administration

State: Central

Year: 1925

The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration, and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court.

Indian Succession Act, 1925 Chapter 23

Title: Of Gifts in Contemplation of Death

State: Central

Year: 1925

.....person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938. Section 197 - Prohibition of exercise of certain powers by curators ( 1) Where a certificate has been granted under Part X or under the Succession Certificate Act, 18891(7 of 1889), or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator. (2) Payment of debts, etc., to curators.-All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator sh all be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938. Section 198 - Curator to give security and may receive remuneration (1) The District Judge shall take from the curator security for the faithful discharge of his trust,.....

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 215

Title: Effect on Certificate of Subsequent Probate or Letters of Administration

State: Central

Year: 1925

Section 215 - Effect on certificate of subsequent probate or letters of administration (1) A grant of probate or letters of administration in respect of an estate shall be deemed to supersede any certificate previously granted under Part X or under the Succession Certificate Act, 18891 (7 of 1889), or Bombay Regulation No. VIII of 1827, in respect of any debts or securities included in the estate. (2) When at the time of the grant of the probate or letters any suit or other proceeding instituted by the holder of any such certificate regarding any such debt or security is pending, the person to whom the grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take the place of the holder of the certificate in the suit or proceeding: Provided that, when any certificate is superseded under this section, all payments made to the holder of such certificate in ignorance of such supersession shall be held good against claims under the probate or letters of administration. ______________________ 1. Repealed partly by Act 39 of 1925 and finally by Act 1 of 1938.