The Indian Succession Act, 1925
ISA · 1925
Part I · PRELIMINARY
Part II · OF DOMICILE
- §4Application of Part
- §5Law regulating succession to deceased person's immoveable and moveable property, respectively
- §6One domicile only affects succession to moveables.
- §7Domicile of origin of person of legitimate birth
- §8Domicile of origin of illegitimate child
- §9Continuance of domicile of origin
- §10Acquisition of new domicile
- §11Special mode of acquiring domicile in India
- §12Domicile not acquired by residence as representative of foreign Government, or as part of his family
- §13Continuance of new domicile
- §14Minor's domicile
- §15Domicile acquired by woman on marriage
- §16Wife's domicile during marriage
- §17Minor's acquisition of new domicile
- §18Lunatic's acquisition of new domicile
- §19Succession to moveable property in India in absence of proof of domicile elsewhere
Part III · MARRIAGE
Part IV · OF CONSANGUINITY
Part V · INTESTATE SUCCESSION
Ch. I · Chapter I
Ch. II · Chapter II
- §31Chapter not to apply to Parsis
- §32Devolution of such property
- §33Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
- §33ASpecial provision where intestate has left widow and no lineal descendants
- §34Where intestate has left no widow, and where he has left no kindred
- §35Rights of widower
- §36Rules of distribution
- §37Where intestate has left child or children only
- §38Where intestate has left no child, but grandchild or grandchildren
- §39Where intestate has left only great-grandchildren or remoter lineal descendants
- §40Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead
- §41Rules of distribution where intestate has left no lineal descendants
- §42Where intestate's father living
- §43Where intestate's father dead, but his mother, brothers and sisters living
- §44Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
- §45Where intestate's father dead and his mother and children of any deceased brother or sister living
- §46Where intestate's father dead, but his mother living and no brother, sister, nephew or niece
- §47Where intestate has left neither lineal descendant, nor father, nor mother
- §48Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
- §49Children's advancements not brought into hotchpot
Ch. III · Chapter III
- §50General principles relating to intestate succession
- §51Division of intestate's property among widow, widower, children and Parents
- §53Division of share of predeceased child of intestate leaving lineal descendants
- §54Division of property where intestate leaves no lineal descendant out leaves a widow or widower or a widow or widower of any lineal descendant
- §55Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant
- §56Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
Part VI · TESTAMENTARY SUCCESSION
Ch. I · Chapter I
Ch. II · Chapter II
Ch. III · Chapter III
Ch. IV · Chapter IV
Ch. V · Chapter V
- §67Effect of gift to attesting witness
- §68Witness not disqualified by interest or by being executor
- §69Revocation of will by testator's marriage
- §70Revocation of unprivileged will or codicil
- §71Effect of obliteration, interlineation or alteration in unprivileged will
- §72Revocation of privileged will or codicil
- §73Revival of unprivileged will
Ch. VI · Chapter VI
- §74Wording of will
- §75Inquiries to determine questions as to object or subject of will
- §76Misnomer or misdescription of object
- §77When words may be supplied
- §78Rejection of erroneous particulars in description of subject
- §79When part of description may not be rejected as erroneous
- §80Extrinsic evidence admissible in cases of patent ambiguity
- §81Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
- §82Meaning of clause to be collected from entire will
- §83When words may be understood in restricted sense, and when in sense wider than usual
- §84Which of two possible constructions preferred
- §85No part rejected, if can be it reasonably construed
- §86Interpretation of words repeated in different parts of will
- §87Testator's intention to be effectuated as far as possible
- §88The last of two inconsistent clauses prevails
- §89Will or bequest void for uncertainty
- §90Words describing subject refer to property answering description at testator's death
- §91Power of appointment executed by general bequest
- §92Implied gift to objects of power in default of appointment
- §93Bequest to "heirs," etc., of particular person without qualifying terms
- §94Bequest to "representatives," etc., of particular person
- §95Bequest without words of limitation
- §96Bequest in alternative
- §97Effect of words describing a class added to bequest to person
- §98Bequest to class of persons under general description only
- §99Construction of terms
- §100Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
- §101Rules of construction where will purports to make two bequests to same person
- §102Constitution of residuary legatee
- §103Property to which residuary legatee entitled
- §104Time of vesting legacy in general terms
- §105In what case legacy lapses
- §106Legacy does not lapse if one of two joint legatees die before testator
- §107Effect of words showing testator's intention to give distinct shares
- §108When lapsed share goes as undisposed of
- §109When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
- §110Bequest to A for benefit of B does not lapse by A's death
- §111Survivorship in case of bequest to described class
Ch. VII · Chapter VII
- §112Bequest to person by particular description, who is not in existence at testator's death
- §113Bequest to person not in existence at testator's death subject to prior bequest
- §114Rule against perpetuity
- §115Bequest to a class some of whom may come under rules in sections 113 and 114
- §116Bequest to take effect on failure of prior bequest
- §117Effect of direction for accumulation
- §118Bequest to religious or charitable uses
Ch. VIII · Chapter VIII
Ch. IX · Chapter IX
Ch. X · Chapter X
Ch. XI · Chapter XI
- §126Bequest upon impossible condition
- §127Bequest upon illegal or immoral condition
- §128Fulfilment of condition precedent to vesting of legacy
- §129Bequest to A and on failure of prior bequest to B
- §130When second bequest not to take effect on failure of first
- §131Bequest over, conditional upon happening or not happening of specified uncertain event
- §132Condition must be strictly fulfilled
- §133Original bequest not affected by invalidity of second
- §134Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
- §135Such condition must not be invalid under section 120
- §136Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject matter to go over
- §137Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud
Ch. XII · Chapter XII
- §138Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person
- §139Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee
- §140Bequest of fund for certain purposes, some of which cannot be fulfilled
Ch. XIII · Chapter XIII
Ch. XIV · Chapter XIV
- §142Specific legacy defined
- §143Bequest of certain sum where stocks, etc., in which invested are described
- §144Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind
- §145Bequest of money where not payable until part of testator's property disposed of in certain way
- §146When enumerated articles not deemed specifically bequeathed
- §147Retention, in form, of specific bequest to several persons in succession
- §148Sale and investment of proceeds of property bequeathed to two or more persons in succession
- §149Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies
Ch. XV · Chapter XV
Ch. XVI · Chapter XVI
- §152Ademption explained
- §153Non-ademption of demonstrative legacy
- §154Ademption of specific bequest of right to receive something from third party
- §155Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed
- §156Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed
- §157Order of payment where portion of fund specifically bequeathed to one legatee,
- §158Ademption where stock, specifically bequeathed, does not exist at testator's death
- §159Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death
- §160Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal
- §161When removal of thing bequeathed does not constitute ademption
- §162When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it
- §163Change by operation of law of subject of specific bequest between date of will and testator's death
- §164Change of subject without testator's knowledge
- §165Stock specifically bequeathed lent to third party on condition that it be replaced
- §166Stock specifically bequeathed sold but replaced, and belonging to testator at his death
Ch. XVII · Chapter XVII
- §167Non-liability of executor to exonerate specific legatees
- §168Completion of testator's title to things bequeathed to be at cost of his estate
- §169Exoneration of legatee's immoveable property for which land- revenue or rent payable periodically
- §170Exoneration of specific legatee's stock in joint-stock company
Ch. XVIII · Chapter XVIII
Ch. XIX · Chapter XIX
Ch. XX · Chapter XX
Ch. XXI · Chapter XXI
Ch. XXII · Chapter XXII
- §180Circumstances in which election takes place
- §181Devolution of interest relinquished by owner
- §182Testator's belief as to his ownership immaterial
- §183Bequest for man's benefit how regarded for purpose of election
- §184Person deriving benefit indirectly not put to election
- §185Person taking in individual capacity under will may in other character elect to take in opposition
- §186Exception to provisions of last six sections
- §187When acceptance of benefit given by will constitutes election to take under will
- §188Circumstances in which knowledge or waiver is presumed or inferred
- §189When testator's representatives may call upon legatee to elect
- §190Postponement of election in case of disability
Ch. XXIII · Chapter XXIII
Part VII · PROTECTION OF PROPERTY OF DECEASED
- §192Person claiming right by succession to property of deceased may apply for relief against wrongful possession
- §193Inquiry made by Judge
- §194Procedure
- §195Appointment of curator pending determination of proceeding
- §196Powers conferrable on curator
- §197Prohibition of exercise of certain powers by curators
- §198Curator to give security and may receive remuneration
- §199Report from Collector where estate includes revenue-paying land
- §200Institution and defence of suits
- §201Allowances to apparent owners pending custody by curator
- §202Accounts to be filed by curator
- §203Inspection of accounts and right of interested party to keep duplicate
- §204Bar to appointment of second curator for same property
- §205Limitation of time for application for curator
- §206Bar to enforcement of Part against public settlement or legal directions by deceased
- §207Court of Wards to be made curator in case of minors having property subject to its jurisdiction
- §208Saving of right to bring suit
- §209Effect of decision of summary proceeding
Part VIII · REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION
- §210Appointment of public curators
- §211Character and property of executor or administrator as such
- §212Right to intestate's property
- §213Right as executor or legatee when established
- §214Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons
- §215Effection certificate of subsequent probate or letters of administration
- §216Grantee of probate or administration alone to sue, etc., until same revoked
Part IX · PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
Part IX · PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
Ch. I · Chapter I
- §218To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
- §219Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
- §220Effect of letters of administration
- §221Acts not validated by administration
- §222Probate only to appointed executor
- §223Persons to whom probate cannot be granted
- §224Grant of probate to several executors simultaneously or at different times
- §225Separate probate of codicil discovered after grant of probate
- §226Accrual of representation to surviving executor
- §227Effect of probate
- §228Administration, with copy annexed, of authenticated copy of will proved abroad
- §229Grant of administration where executor has not renounced
- §230Form and effect of renunciation of executor-ship
- §231Procedure where executor renounces or fails to accept within time limited
- §232Grant of administration to universal or residuary legatees
- §233Right to administration of representative of deceased residuary legatee
- §234Grant of administration where no executor, nor residuary legatee nor representative of such legatee
- §235Citation before grant of administration to legatee other than universal or residuary
- §236To whom administration may not be granted
- §236ALaying of rules before State Legislature
Ch. II · Chapter II
- §237Probate of copy or draft of lost will
- §238Probate of contents of lost or destroyed will
- §239Probate of copy where original exists
- §240Administration until will produced
- §241Administration, with will annexed, to attorney of absent executor
- §242Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer
- §243Administration to attorney of absent person entitled to administer in case of intestacy
- §244Administration during minority of sole executor or residuary legatee
- §245Administration during minority of several executors or residuary legatees
- §246Administration for use and benefit of lunatic or minor
- §247Administration pendente lite
- §248Probate limited to purpose specified in will
- §249Administration, with will annexed, limited to particular purpose
- §250Administration limited to property in which person has beneficial interest
- §251Administration limited to suit
- §252Administration limited to purpose of becoming party to suit to be brought against administrator
- §253Administration limited to collection and preservation of deceased's property
- §254Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
- §255Probate or administration, with will annexed, subject to exception
- §256Administration with exception
- §257Probate or administration of rest
- §258Grant of effects unadministered
- §259Rules as to grants of effects unadministered
- §260Administration when limited grant expired and still some part of estate unadministered
Ch. III · Chapter III
Ch. IV · Chapter IV
- §264Jurisdiction of District Judge in granting and revoking probates, etc
- §265Power to appoint delegate of District Judge to deal with non-contentious cases
- §266District Judge's powers as to grant of probate and administration
- §267District Judge may order person to produce testamentary papers
- §268Proceedings of District Judge's Court in relation to probate and administration
- §269When and how District Judge to interfere for protection of property
- §270When probate or administration may be granted by District Judge
- §271Disposal of application made to Judge of district in which deceased had no fixed abode
- §272Probate and letters of administration may be granted by Delegate
- §273Conclusiveness of probate or letters of administration
- §274Transmission to High Courts of certificate of grants under proviso to section 273
- §275Conclusiveness of application for probate or administration if properly made and verified
- §276Petition for probate
- §277In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
- §278Petition for letters of administration
- §279Addition to statement in petition, etc., for probate or letters of administration in certain cases
- §280Petition for probate, etc., to be signed and verified
- §281Verification of petition for probate, by one witness to will
- §282Punishment for false averment in petition or declaration
- §283Powers of District Judge
- §284Caveats against grant of probate or administration
- §285After entry of caveat, no proceeding taken on petition until after notice to caveator
- §286District Delegate when not to grant probate or administration
- §287Power to transmit statement to District Judge in doubtful cases where no contention
- §288Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court
- §289Grant of probate to be under seal of Court
- §290Grant of letters of administration to be under seal of Court
- §291Administration-bond
- §292Assignment of administration-bond
- §293Time for grant of probate and administration
- §294Filing of original wills of which probate or administration with will annexed granted
- §295Procedure in contentious cases
- §296Surrender of revoked probate or letters of administration
- §297Payment to executor or administrator before probate or administration revoked
- §298Power to refuse letters of administration
- §299Appeals from orders of District Judge
- §300Concurrent jurisdiction of High Court
- §301Removal of executor or administrator and provision for successor
- §302Directions to executor or administrator
Ch. V · Chapter V
Ch. VI · Chapter VI
- §305In respect of causes of action surviving deceased and debts due at death
- §306Demands and rights of action of or against deceased survive to and against executor or administrator
- §307Power of executor or administrator to dispose of property
- §308General powers of administration
- §309Commission or agency charges
- §310Purchase by executor or administrator of deceased's property
- §311Powers of several executors or administrators exercisable by one
- §312Survival of powers on death of one of several executors or administrators
- §313Powers of administrator of effects unadministered
- §314Powers of administrator during minority
- §315Powers of married executrix or administratrix
Ch. VII · Chapter VII
- §316As to deceased's funeral
- §317Inventory and account
- §318Inventory to include property in any part of India in certain cases
- §319As to property of, and debts owing to, deceased
- §320Expenses to be paid before all debts
- §321Expenses to be paid next after such expenses
- §322Wages for certain services to be next paid, and then other debts
- §323Save as aforesaid, all debts to be paid equally and rateably
- §324Application of moveable property to payment of debts where domicile not in India
- §325Debts to be paid before legacies
- §326Executor or administrator not bound to pay legacies without indemnity
- §327Abatement of general legacies
- §328Non-abatement of specific legacy when assets sufficient to pay debts
- §329Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
- §330Rateable abatement of specific legacies
- §331Legacies treated as general for purpose of abatement
Ch. VIII · Chapter VIII
Ch. IX · Chapter IX
Ch. X · Chapter X
- §341Investment of sum bequeathed, where legacy, not specific, given for life
- §342Investment of general legacy, to be paid at future time: disposal of intermediate interest
- §343Procedure when no fund charged with, or appropriated to, annuity
- §344Transfer to residuary legatee of contingent bequest
- §345Investment of residue bequeathed for life, without direction to invest in particular securities
- §346Investment of residue bequeathed for life, with direction to invest in specified securities
- §347Time and manner of conversion and investment
- §348Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf
- §349Legatee's title to produce of specific legacy
Ch. XI · Chapter XI
Ch. XII · Chapter XII
- §356Refund of legacy paid under Court's orders
- §357No refund if paid voluntarily
- §358Refund when legacy has become due on performance of condition within further time allowed under section 137
- §359When each legatee compellable to refund in proportion
- §360Distribution of assets
- §361Creditor may call upon legatee to refund
- §362When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
- §363When unsatisfied legatee must first proceed against executor, if solvent
- §364Limit to refunding of one legatee to another
- §365Refunding to be without interest
- §366Residue after usual payments to be paid to residuary legatee
- §367Transfer of assets from India to executor or administrator in country of domicile for distribution
Ch. XIII · Chapter XIII
Part X · SUCCESSION CERTIFICATES
- §370Restriction on grant of certificates under this Part
- §371Court having jurisdiction to grant certificate
- §372Application for certificate
- §373Procedure on application
- §374Contents of certificate
- §375Requisition of security from grantee of certificate
- §376Extension of certificate
- §377Forms of certificate and extended certificate
- §378Amendment of certificate in respect of powers as to securities
- §379Mode of collecting Court-fees on certificates
- §380Local extent of certificate
- §381Effect of certificate
- §382Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases
- §383Revocation of certificate
- §384Appeal
- §385Effect on certificate of previous certificate, probate or letters of administration
- §386Validation of certain payments made in good faith to holder of invalid certificate
- §387Effect of decisions under this Act, and liability of holder of certificate thereunder
- §388Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act
- §389Surrender of superseded and invalid certificates
- §390Provisions with respect to certificates under Bombay Regulation 8 of 1827