The Indian Succession Act 1925/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: xv,109 pSubject(s): Bare ActDDC classification: 342.54
Contents:
THE INDIAN SUCCESSION ACT, 1925 Introduction Sections PARTI PRELIMINARY 1. Short title 2. Definitions 3. Power of State Government to exempt any race, sect or tribe in the State from operation of Act PART II OF DOMICILE 4. Application of Part 5. Law regulating succession to deceased person's immovable and movable property, respectively. 6. One domicile only affects succession to movables . 7. Domicile of origin of person of legitimate birth 8. Domicile of origin of illegitimate child 9. Continuance of domicile of origin 10. Acquisition of new domicile 11. Special mode of acquiring domicile in India 12. Domicile not acquired by residence as representative of foreign Government, or as part of his family 13. Continuance of new domicile 14. Minor's domicile 15. Domicile acquired by woman on marriage 16. Wife's domicile during marriage 17. Minor's acquisition of new domicile 18. Lunatic's acquisition of new domicile 19. Succession to movable property in India in absence of proof of domicile elsewhere . PART III MARRUGE 20.. Interests and powers not acquired nor lost by marriage 21. Effect of marriage between person domiciled and one nor domicile in India 22. Settlement of minor's property in contemplation of marriage . PART IV OF CONSANGUINITY 23. Application of Part Sections 24. Kindred or consanguinity . . . 7 25. Lineal consanguinity . . . 7 26. Collateral consanguinity . . . 7 27. Persons held for purpose of succession to be similarly related to deceased 7 28. Mode of computing of degrees ofkindred . . . 8 PART V INTESTATE SUCCESSION Chapter I PRELIMINARY 29. Application of Part . . . 8 30. As to what property deceased considered to have died intestate . 8 Chapter II RULES IN CASES OF INTESTATES OTHER THAN PARSIS 31. Chapter not to apply to Parsis • • 8 32. Devolution of such property • 8 33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred . . . 9 33A. Special provision where intestate has left widow and no lineal descendants 9 34. Where intestate has left no widow, and where he has left no kindred . 10 35. Rights of widower 10 Distribution where there are lineal descendants 36. Rules of distribution 37. 10 j/. Where intestate has left child or children only • - In 38. Where intestate has left no child, but grand-child or grand-children 0 39 Where intestate has left only great-grand-Children or remoter lineal descendants 10 40. Where intestate leaves lineal descendants not all in sarne de^ee ofkindred to him, and those through whom the more remote are decended are dead Distribution where there are no lineal descendants 41. Rules ofdistribution where intestate has left no lineal descendants . Ij 42 Where intestate's father living , . i- • ii 43. Where intestate's father dead, but his mother, brothers an sisters ivi 44 Where intestate's father dead and his mother, a brother or sister, j j ' children ofany deceased brother or sister living " _ 45. Where intestate's father dead and his mother and chi y ^ deceased brother or sister living 46 Where intestate's father dead, but his mother living and no 4, no, no, .o..e, 48. Where intestate has left neither lineal descendant, nor parent, ^2 nor brother, nor sister . , r » " 12 49. Children's advancements not brought into hotchpo • • . Sections Chapter III SPECIAL RULES FOR PARSI INTESTATES 50. General principles relating to intestate succession . . . 13 51. Division of intestate's property among widow, widower, children and parents 13 52. [Repealed.] . . . 13 53. Division of share of predeceased child of intestate leaving lineal descendants 13 54. Division of property where intestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant . . 14 55. Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant . ' 15 56. Division of property where there is no relative entitled to succeed under the other provisions of this Chapter . . 15 PART VI TESTAMENTARY SUCCESSION Chapter I INTRODUCTORY 57. Application of certain provisions of Part to a class of wills made by Hindus, etc. 15 58. General application of Part . . . 15 Chapter II OF WILLS AND CODICILS. 59. Person capable of making wills . , . . 16 60. Testamentary guardian . . . 17 61. Will obtained by fraud, coercion or importunity . . . . 17 62. Will may be revoked or altered . . . 18 Chapter III OFTHE EXECUTION OF UNPRIVILEGED WILLS 63. Execution of unprivileged wills . . . 18 64. Incorporation of papers by reference . . . 19 Chapter IV OFPRIVILEGEDWILLS 65. Privileged wills . . . 19 66. Mode of making, and rules for executing, privileged wills . . 20 Chapter V OF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF WILLS 67. Effect of gift to attesting witness . . . 21 68. Witness not disqualified by interest or by being executor . , 21 69. Revocation of will by testator's marriage . . . - 21 70. Revocation of unprivileged will or codicil , . , 21 Sections 71. Effect of obliteration, interlineation or alteration in unprivileged will 72. Revocation of privileged will or codicil 73. Revival of unprivileged will Chapter VI OF THE CONSTRUCTION OF WILLS 74. Wording of will 75. Inquiries to determine questions as to object or subject of will 76. Misnomer or misdescription of object 77. When words may be supplied 78. Rejection of erroneous particulars in description of subject . 79. When part of description may not be rejected as erroneous 80. Entrinsic evidence admissible in cases of patent ambiguity 81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency 82. Meaning or clause to be collected from entire will . 83. When words may be understood in restricted sense, and when in sense wider than usual 84. Which of two possible constructions preferred 85. No part rejected, if it can be reasonably constmed . Interpretation of words repeated in different parts of will Testator's intention to be effectuated as far as possible The last of two inconsistent clauses prevails Will or bequest void for uncertainty Words describing subject refer to property answering description at testator's death 91. Power of appointment executed by general bequest . 92. Implied gift to objects of power in default of appointment 93. Bequest to "heirs", etc., of particular person without qualifying terms 94. Bequest to "representatives", etc., of particular person Bequest without words of limitation Bequest in alternative Effect of words describing a class added to bequest to person. Bequest to class of persons under general description only . 99 Construction of terms ' 100.' Words expressing relationship denote only legitimate relauves fniiina such relatives reputed legitimate ion wL will pu^r.. » make bequ-ta .0 aame 102. Constitution of residuary legatee 103. Property to which residuary legatee entitled 104. Time of vesting legacy in general terms 105. In what case legacy lapses ^ L K^rnr^ te.;tator 106. Legacy does not lapse If one of two jotnt legatees "I'' ^ * 107. Effect of words showing testator's Intention to give distinct 108. When lapsed share goes as undisposed of 95. 96. 97. 98. person Sections 109. When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime . . . 33 110. Bequest to/I for benefit of B does not lapse by A'j death . . 33 111. Survivorship in case of bequest to described class . . . 33 Chapter VII OF VOID BEQUESTS 112. Bequest to person by particular description, who is not in existence at testator's death . . . 34 113. Bequest to person not in existence at testator's death subject to prior bequest 35 114. Rule against perpetuity . . . 35 115. Bequest to a class some of whom may come under rules in sections 113 and 114 36 116. Bequest to take effect on failure of prior bequest . . . 36 117. Effect of direction for accumulation . . . 36 118. Bequest to religious or charitable uses . . . 37 Chapter VUI OF THE VESTING OF LEGACIES 119. Date of vesting of legacy when payment or possession postponed . 37 120. Date of vesting when legacy contingent upon specified uncertain event 38 121. Vesting of interest in bequest to such members of a class as shall have attained particular age . . . 39 Chapter Df OF ONEROUS BEQUESTS 122. Onerous bequests . . . 39 123. One of two separate and independent bequests to same person may be accepted, and other refused . . 40 Chapter X OF CONTINGENT BEQUESTS 124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence . . . 40 125. Bequest to such of certain persons as shall be surviving at some period not specified . . . 40 Chapter XI OFCONDITIONALBEQUESTS 126. Bequest upon impossible condition . . . 41 127. Bequest upon illegal or immoral condition . . 41 128. Fulfilment of condition precedence to vesting of legacy . . 41 129. Bequest to A and on failure of prior bequest to B . . . 42 130. When second bequest not to take effect on failure of first . . 42 Sections 131. Bequest over conditional upon happening or not happening of specified uncertain event . . . 42 132. Condition must be strictly fulfilled . . . 42 133. Original bequest not affected by invalidity of second . . 43 134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen . . 43 135. Such condition must not be invalid under section 120 . . 43 136. Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over . . 44 137. Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud . .. 44 Chapter XII OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT 138. Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person . . 44 139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee . . • . 44 140. Bequest of fund for certain purposes, some of which cannot be fulfilled 45 Chapter XIII OF BEQUESTS TO AN EXECUTOR 141. Legatee named as executor cannot take unless he shows intention to act as executor 45 Chapter XV OFDEMONSTRATIVE LEGACIES Chapter XIV OFSPECIFICLEGACIES 45 142. Specific legacy defined • • 143. Bequest of certain sum where stocks, etc., in which invested are described 144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind 145. Bequest of money where not payable until part of testator's property disposed of in certain way • • • 146. When enumerated articles not deemed specifically bequeathed • 147. Retention, in form, of specific bequest to several persons in succession 148. Sale and investment of proceeds of property bequeathed to two or more persons in succession 149 Where deficiency of assets to pay legacies, specific legacy ^g not to abate with general legacies • • 150. Demonstrative legacy defined 48 Sections 151. Order of payment when legacy directed to be paid out of fuiid the subject of specific legacy . . . 49 Chapter XVI OF ADEMPTION OF LEGACIES 152. Ademption explained . . . 49 153. Non-ademption of demonstrative legacy . . . 50 154. Ademption of specific bequest of right to receive something from third party 50 155. Ademption pro. tanto by testator's receipt of part of entire thing specifically bequeathed . . . 50 156. Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed . . . 50 157. 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 50 158. Ademption where stock, specifically bequeathed, does not exist at testator's death . . . 51 159. Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death . . 51 160. Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal . . . ' • 51 161. When removal of thing bequeathed does not constitute ademption . 51 162. When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it . 52 163. Change by operation of law of subject of specific bequest between date of will and testator's death . . . 52 164. Change of subject without testator's knowledge . . . 52 165. Stock specifically bequeathed lent to third party on condition that it be replaced 53 166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death . . . 53 Chapter XVII OF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A BEQUEST 167. Non-liability of executor to exonerate specific legatees . 53 168. Completion of testator's title to things bequeathed to be at cost of his estate 53 169. Exoneration of legatee's immovable property for which land-revenue or rent payable periodically . . . 53 170. Exoneration of specific legatee's stock in joint stock company . 54 Chapter XVIII x OF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS 171. Bequest of things described in general terms . .• . 54 Sections Chapter XIX OF BEQUEST OF THE INTEREST OR PRODUCE OF A FUND 172. Bequest of interest or produce of a fund . . . 55 Chapter XX OF BEQUESTS OF ANNUITIES 173. Annuity created by will payable for life only unless contrary intention appears by will . . . 55 174. Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity . . . 55 175. Abatement of annuity . . . 56 176. Where gift of annuity and residuary gift, whole annuity to be first satisfied 56 Chapter XXI OF LEGACIES TO CREDITORS AND PORTIONERS 177. Creditor prima facie entitled to legacy as well as debt . . 56 178. Child pn/«a/flc/c entitled to legacy as well as portion . . 56 179. No ademption by subsequent provision for legatee . . . 56 Chapter XXII OFELECTION 180. Circumstances in which election takes place . • • 181. Devolution of interest relinquished by owner 182. Testator's belief as to his ownership immaterial . . . 183. Bequest for man's benefit how regarded for purpose of election . 57 184. Person deriving benefit indirectly not put to election 185. Person taking in individual capacity under will may in other character elect to take in opposition 186. Exceptions to provisions of last six sections 187^ When acceptance of benefit given by will constitutes election to take under will 188. Circumstances in which knowledge or waiver is presumed or inferred . 189. When testator's representatives may call upon legatee to elect 190. Postponement of election in case of disability ■ Chapter XXIII OF GIFTS IN CONTEMPLATION OF DEATH 191. Property transferable by gift made in contemplation of death . PART vn PROTECTION OF PROPERTY OF DECEASED 192. Person claiming right by succession to property of deceased may appply for relief against wrongful possession . • • 193. Inquiry made by Judge 194. Procedure . . . 60 195. Appointment ofcurator pending determination of proceeding . . 60 196. Powers conferrable on curator . . 60 197. Prohibition of exercise of certain powers by curators . . 61 Payment of debts, e/c., to curators . . 61 198. Curator to give security and may receive remuneration . . 61 199. Report from Collector where estate includes revenue-paying land i 61 200. Institution and defence of suits . . . 61 201. Allowances to apparent owners pending custody by curator . . 62 202. Accounts, to be filed by curator . . . 62 203. Inspection of accounts and right of interested party to keep duplicate . 62 204. Bar to appointment of second curator for same property . . 62 205. Limitation of time for application for curator . . . 62 206. Bar to enforcement of Part against public settlement or legal directions by deceased 62 207. Court of Wards to be made curator in case of minors having property subject to its jurisdiction . . . 63 208. Saving of right to bring suit . . . . 63 209. Effect of decision of summary proceeding . . . 63 210. Appointment of public curators . . . 63 PART VIII REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION^ Character and property of executor or administrator as such . . 63 Right to intestate's Property . . . 63 Right as executor or legatee when established . . . 63 Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons . 64 Effect on certificate of subsequent probate or letters of administration . 64 Grantee of probate or administration alone to sue, etc.. until same revoked 65 PART IX PROBATE, LETTERS OF ADMINLSTRATION AND ADMINISTRATION OF ASSETS OF DECEASED Application of Part . . . 65 Chapter I OF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION 218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person 219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person 220. Effect of letters of administration 221. Acts not validated by administration 222. Probate only to appointed executor 223. Persons to whom probate cannot be granted Sections 224. Grant of probate to several executors simultaneously or at different times 67 225. Separate probate of codicil discovered after grant of probate. . .67 226. Accrual of representation to surviving executor . . . 67 227. Effect of probate . . . 67 228. Administration, with copy annexed, of authenticated copy of will proved abroad 67 229. Grant of administration where executor has not renounced . . 67 230. Form and effect of renunciation of execulorship . . . 68 231. Procedure where executor renounces or fails to accept within lime limited 68 232. Grant of administration of universal or residuary legatees . . 68 233. Right to administration of representative of deceased residuary legatees 68 234. Grant of administration where no executor, nor residuary legatee, nor representative of such legatee . . . 68 235. Citation before grant of administration to legatee other than universal or residuary 68 236. To whom administration may not be granted . . . 68 236A. Laying of rules before State Legislature . . . 68 Chapter II OFLIMITED GRANTS Grants limited in duration 237. Probate of copy or draft of lost will . . . 69 238. Probate of contents of lost or destroyed will . . . 69 239. Probate of copy where original exists . . . .'^69 240. Administration until will produced . . . 69 Grants for the use and benefit of others having right 241. Administration, with will annexed, to attorney of absent executor 69 242. Administration, with will annexed, to allomey of absent person 69 who, if present, would be entitled to administer . . . 69 243. Administration, to attorney of absent person entitled to administer in case of intestacy . . . 69 244. Administration, during miniority of sole executor or residuary legatee 69 245. Administration, during miniority of several executors or residuary legatees 69 246. Administration, for use and benefit of lunatic or minor 70 247. Administration, pendente lite • * Grants for special purposes 248. Probate limited to purpose specified in will . . . 70 249. Administration, with will annexed, limited to particul^ purpose 70 250. Administration, limited to property in which person has beneficial interest 70 251. Administration limited to suit . . .. 70 252. Administration limited to purpose of becoming party to, suit to be brought against administrator . ; . . 70 253. Administration limited to collection and preservation of deceased's property 71 254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration . 71 Grants with exception 255. Probate or administration, with will annexed, subject to exception . 71 256. Administration with exception . . . 71 Grants ofthe rest 257. Probate or administration of rest . . . 71 Grant ofeffects unadministered 258. Grant of effects unadministered . . . 71 259. Rules as to grants of effects unadministered . . , 71 260. Administration when limited grant expired and still some part of estate unadministered . . " . 71 Chapter III ALTERATION AND REVOCATION OF GRANTS 261. What errors may be rectified by Court . . . 72 '262. Procedure where codicil discovered after grant of administration with will annexed . . . 72 263. Revocation or annulment for Just cause . . . 72 Chapter IV OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION 264. Jurisdiction of District Judge in granting and revoking probates, etc. . 73 265. Power to appoint Delegate of District Judge to deal with non-contentious cases 73 266. District Judge's powers as to grant of probate and administration . 73 267. District Judge may order person to produce testamentary papers 73" 268. Proceedings of District Judge's Court in relation to probate and administration 73 269. When and how District Judge to interfere for protection of property 74 270. When probate or administration may be granted by District Judge . 74 271. Disposal of application made to Judge of district in which i i deceased had no fixed abode . . . 74 272. Probate and letters of administration may be granted by Delegate . 74 273. Conclusiveness of probate or letters of administration . . 74 274. Transmission to High Courts of certificate of grants under proviso to section 273 . . . 75 275. Conclusiveness of application for probate or administration if properly made and verified . . . 276. Petition for probate . . . 76 277. In what cases translation of will to be annexed to petition. Verificatioir of translation by person other than Court translator . • • 76 278. Petition for letters of administration . . - 76 279. Addition to statement in petition, e/c , for probate or letters of administration in certain cases . . . 77 280. Petition for probate, e/c., to be signed and verified . . ^-77 Sections 281. Verification of petition for probate, by one witness to will 282. Punishment for false averment in petition or declaration 283. Powers of District Judge 284. Caveats against grant of probate or administration Form of caveat 285. After entry of caveat, no proceeding taken on petition until after notice to caveator 286. District Delegate when not to grant probate or administration 287. Power to transmit statement to District Judge in doubtful cases where no contention 288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court . 289. Grant of probate to be under seal of Court 290. Grant of letters of administration to be under seal of Court . 291. Administration bond 292. Assignment of administration-bond 293. Time for grant of probate and administration 294. Filing of original wills of which probate or administration with will annexed granted 295. Procedure in contentious cases 296. Surrender of revoked probate or letters of administration 297. Payment to executor or administrator before probate or administration revoked 298. Power to refuse letters of administration 299. Appeals from orders of District Judge 300. Concurrent jurisdiction of High Court 301. Removal of executor or administrator and provision for successor 302. Directions to executor or administrator Chapter V OF EXECUTORS OF THEIR OWN WRONG 303. Executor of his own wrong 304. Liability of executor of his own wrong Chapter j VI OF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR 305. In respect of causes of action surviving deceased and debts due at death 306. Demands and rights of action of or against deceased survive to an against executor or administrator 307 Power of executor or administrator to dispose of property 308 General powers of administration 309. Commission or agency charges • -i 1 n Purchase by executor or administrator of deceased's prope y 111 p u/crs of several executors or administrators exercisable by one S of""- on Oe.,h of ono of seve,a, ex=on,o. o, 313. Powers of administrator of effects unadmmistered. Sections 314. Powers of administrator during minority . . . 84 315. Powers of married executrix or administratrix . . . 84 Chapter Vn i OFTHEDUTIESOFANEXECUTORORADMINISTRATOR 316. As to deceased's funeral . . . 84 317. Inventory and account . . . 84 318. Inventory to include property in any part of India in certain cases . 84 319. As to property of, and debts owing to, deceased . . . 84 320. Expenses to be paid before all debts . . . 85 ' 321. Expenses to be paid next after such expenses . . . 85 322. Wages for certain services to be next paid, and then other debts . 85 323. Save as aforesaid, all debts to be paid equally and rateably . . 85 324. Application of movable property to payment of debts where domicile not in India 85 325. Debts to be paid before legacies . . . 85 326. Executor or administrator not bound to pay legacies without indemnity 85 327. Abatement of general legacies . . . 85 328. Non-abatement of specific legacy when assets sufficient to pay debts . 86 329. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses . . . 86 330. Rateable abatement of specific legacies . . . 86 331. Legacies treated as general for purpose of abatement . . 86 Chapter VUI OF ASSENT TO A LEGACY BY EXECUTOR OR ADMINISTRATOR 332. Assent necessary to complete legatee's title . . . 86 333. Effect of executor's assent to specific legacy . . . .86 334. Conditional assent . . . 87 335. Assent of executor to his own legacy . . . 87 336. Effect of executor's assent . . i 87 337. Executor when to deliver legacies . . . 87 Chapter IX OF THE PAYMENT AND APPORTIONMENT OF ANNUITIES 338. Commencement of annuity when no time fixed by will . 88 339. When annuity, to be paid quarterly or monthly, first falls due 88 340. Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment 88 • lai- , Chapter X OF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES 341. Investment of sum bequeathed, where legacy, not specific given for life '' 88 342. Investment of general legacy, to be paid at future time, disposal of intermediate interest . . . 88 Sections 343. Procedure when no fund charged with, or appropriated to annuity 344. Transfer to residuary legatee of contingent bequest 345. Investment of residue bequeathed for life, without direction to invest in particular securities 346. Investment of residue bequeathed for life, with direction to invest in specified securities 347. Time and manner of conversion and Investment . 348. Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf . Chapter XI OF THE PRODUCE AND INTEREST OF LEGACIES 349. Legatee's title to produce of specific legacy 350. Residuary legatee's title to produce of residuary fund 351. Interest when no time fixed for payment of general legacy 352. Interest when time fixed 353. Rate of interest , j i. 354. No interest on arrears of annuity within first year after testator s dea 355. Interest on sum to be invested to produce annuity . Chapter XII OF THE REFUNDING OF LEGACIES 356. Refund of legacy paid under Court's orders 357. No refund if paid voluntarily • * 358. Refund when legacy has become due on performance of condition within further time allowed under section 137 359. When each legatee compellable to refund in proportion 360. Distribution of assets 361. Creditor may call upon legatee to refund • • 362. When legatee, not satisfied or compelled to refund under section 36 , cannot oblige one paid in full to reftind • r i » 363. When unsatisfied legatee must first proceed against executor, if solvent 364. Limit to refunding of one legatee to another • • ■sAS Refunding to be without interest • R^idue after uaoal payments to be paid to residnaiy legante. 36?' Transfer of assets from India to executor or administrator ' m country of domicile for distribution Chapter XIII OFTBEL,ABIUTVOPANEXECUTORO.ADM.MnTRATOR FORDEVARTAH PARTX SUCCESSION CERTIFICATES 370. Restriction on grant of certificates under this Part . 371. Court having jurisdietion to grant certificate 372. Application for certificate 373. Procedure on application 374. Contents of certificate 375. Requisition of seeurity from grantee of certificate . 376. Extension of certificate 377. Forms of certificate and extended certifieate 378. Amendment of certificate in respect of powers as to securities 379. Mode of eollecting Court-fees on certificates 380. Loeal extent of eertificate 381. Effeet of certifieate 382. Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases 383. Revoeation of certificate 384. Appeal 385. Effeet on certificate of previous certificate, probate or letters of administration 386. Validation of certain payments made in good faith to holder of invalid certificate 387. Effect of decisions under this Act, and liability of holder of certificate thereunder 388. Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act .389. Surrender of superseded and invalid eertificates 390. Provisions with respect to certificates under Bombay Regulation VIII of 1827 391. Saving 392. [Repealed] SCHEDULE /. SCHEDULE II.-. PARTXI MISCELLANEOUS Table of consanguinity [Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower oflineal descendant—See section 54] SCHEDULE III.— Provisions of Part VI applicable to eertain wills and codicils described in section 57 Form of certificateSCHEDULE IV.— SCHEDULE v.— SCHEDULE EL SCHEDULE VII. SCHEDULE VIII. SCHEDULEIX.— Form of caveat Form of probate Form of Letters of Administration -Forms of certificate and extended certificate [Repealed] MODEL SPECIMENS • Will • Will (Another Format) • Will in Favour of Relations • Petition for obtaining Letter of Administration • Petition for obtaining a Probate
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THE INDIAN SUCCESSION ACT, 1925
Introduction
Sections
PARTI
PRELIMINARY
1. Short title
2. Definitions
3. Power of State Government to exempt any race, sect or tribe in the State from operation of Act
PART II
OF DOMICILE
4. Application of Part 5. Law regulating succession to deceased person's immovable and movable property, respectively. 6. One domicile only affects succession to movables . 7. Domicile of origin of person of legitimate birth 8. Domicile of origin of illegitimate child
9. Continuance of domicile of origin
10. Acquisition of new domicile 11. Special mode of acquiring domicile in India
12. Domicile not acquired by residence as representative of foreign Government, or as part of his family
13. Continuance of new domicile
14. Minor's domicile
15. Domicile acquired by woman on marriage
16. Wife's domicile during marriage
17. Minor's acquisition of new domicile 18. Lunatic's acquisition of new domicile 19. Succession to movable property in India in absence of proof of domicile elsewhere .
PART III
MARRUGE
20.. Interests and powers not acquired nor lost by marriage 21. Effect of marriage between person domiciled and one nor domicile in India 22. Settlement of minor's property in contemplation of marriage .
PART IV
OF CONSANGUINITY
23. Application of Part
Sections
24. Kindred or consanguinity . . . 7
25. Lineal consanguinity . . . 7
26. Collateral consanguinity . . . 7
27. Persons held for purpose of succession to be similarly related to deceased 7
28. Mode of computing of degrees ofkindred . . . 8
PART V
INTESTATE SUCCESSION
Chapter I
PRELIMINARY
29. Application of Part . . . 8 30. As to what property deceased considered to have died intestate . 8
Chapter II
RULES IN CASES OF INTESTATES OTHER THAN PARSIS 31. Chapter not to apply to Parsis • • 8 32. Devolution of such property • 8 33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred . . . 9 33A. Special provision where intestate has left widow and no lineal descendants 9 34. Where intestate has left no widow, and where he has left no kindred . 10 35. Rights of widower 10
Distribution where there are lineal descendants
36. Rules of distribution
37.
10 j/. Where intestate has left child or children only • - In 38. Where intestate has left no child, but grand-child or grand-children 0 39 Where intestate has left only great-grand-Children or remoter lineal descendants 10 40. Where intestate leaves lineal descendants not all in sarne de^ee ofkindred to him, and those through whom the more remote are decended are dead
Distribution where there are no lineal descendants 41. Rules ofdistribution where intestate has left no lineal descendants . Ij 42 Where intestate's father living , . i- • ii 43. Where intestate's father dead, but his mother, brothers an sisters ivi 44 Where intestate's father dead and his mother, a brother or sister, j j ' children ofany deceased brother or sister living " _ 45. Where intestate's father dead and his mother and chi y ^ deceased brother or sister living 46 Where intestate's father dead, but his mother living and no 4, no, no, .o..e, 48. Where intestate has left neither lineal descendant, nor parent, ^2 nor brother, nor sister . , r » " 12 49. Children's advancements not brought into hotchpo • • .
Sections
Chapter III
SPECIAL RULES FOR PARSI INTESTATES
50. General principles relating to intestate succession . . . 13
51. Division of intestate's property among widow, widower, children and parents 13 52. [Repealed.] . . . 13
53. Division of share of predeceased child of intestate leaving lineal descendants 13
54. Division of property where intestate leaves no lineal descendant but leaves a widow or widower of any lineal descendant . . 14
55. Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant . ' 15
56. Division of property where there is no relative entitled to succeed under the other provisions of this Chapter . . 15
PART VI
TESTAMENTARY SUCCESSION
Chapter I
INTRODUCTORY
57. Application of certain provisions of Part to a class of wills made by Hindus, etc. 15
58. General application of Part . . . 15
Chapter II
OF WILLS AND CODICILS.
59. Person capable of making wills . , . . 16
60. Testamentary guardian . . . 17 61. Will obtained by fraud, coercion or importunity . . . . 17
62. Will may be revoked or altered . . . 18
Chapter III
OFTHE EXECUTION OF UNPRIVILEGED WILLS
63. Execution of unprivileged wills . . . 18
64. Incorporation of papers by reference . . . 19
Chapter IV
OFPRIVILEGEDWILLS
65. Privileged wills . . . 19 66. Mode of making, and rules for executing, privileged wills . . 20
Chapter V
OF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF WILLS
67. Effect of gift to attesting witness . . . 21 68. Witness not disqualified by interest or by being executor . , 21 69. Revocation of will by testator's marriage . . . - 21 70. Revocation of unprivileged will or codicil , . , 21
Sections
71. Effect of obliteration, interlineation or alteration in unprivileged will
72. Revocation of privileged will or codicil
73. Revival of unprivileged will

Chapter VI
OF THE CONSTRUCTION OF WILLS
74. Wording of will 75. Inquiries to determine questions as to object or subject of will
76. Misnomer or misdescription of object
77. When words may be supplied 78. Rejection of erroneous particulars in description of subject . 79. When part of description may not be rejected as erroneous 80. Entrinsic evidence admissible in cases of patent ambiguity 81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency 82. Meaning or clause to be collected from entire will . 83. When words may be understood in restricted sense, and when in sense wider than usual 84. Which of two possible constructions preferred 85. No part rejected, if it can be reasonably constmed . Interpretation of words repeated in different parts of will Testator's intention to be effectuated as far as possible
The last of two inconsistent clauses prevails Will or bequest void for uncertainty Words describing subject refer to property answering description at testator's death 91. Power of appointment executed by general bequest . 92. Implied gift to objects of power in default of appointment 93. Bequest to "heirs", etc., of particular person without qualifying terms 94. Bequest to "representatives", etc., of particular person Bequest without words of limitation Bequest in alternative Effect of words describing a class added to bequest to person. Bequest to class of persons under general description only . 99 Construction of terms ' 100.' Words expressing relationship denote only legitimate relauves fniiina such relatives reputed legitimate ion wL will pu^r.. » make bequ-ta .0 aame 102. Constitution of residuary legatee 103. Property to which residuary legatee entitled 104. Time of vesting legacy in general terms 105. In what case legacy lapses ^ L K^rnr^ te.;tator 106. Legacy does not lapse If one of two jotnt legatees "I'' ^ * 107. Effect of words showing testator's Intention to give distinct 108. When lapsed share goes as undisposed of 95. 96. 97. 98.
person

Sections
109. When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime . . . 33 110. Bequest to/I for benefit of B does not lapse by A'j death . . 33 111. Survivorship in case of bequest to described class . . . 33
Chapter VII
OF VOID BEQUESTS
112. Bequest to person by particular description, who is not in existence at testator's death . . . 34 113. Bequest to person not in existence at testator's death subject to prior bequest 35 114. Rule against perpetuity . . . 35 115. Bequest to a class some of whom may come under rules in sections 113 and 114 36 116. Bequest to take effect on failure of prior bequest . . . 36
117. Effect of direction for accumulation . . . 36 118. Bequest to religious or charitable uses . . . 37
Chapter VUI
OF THE VESTING OF LEGACIES
119. Date of vesting of legacy when payment or possession postponed . 37
120. Date of vesting when legacy contingent upon specified uncertain event 38
121. Vesting of interest in bequest to such members of a class as shall have attained particular age . . . 39
Chapter Df
OF ONEROUS BEQUESTS
122. Onerous bequests . . . 39
123. One of two separate and independent bequests to same person may be accepted, and other refused . . 40
Chapter X
OF CONTINGENT BEQUESTS
124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence . . . 40
125. Bequest to such of certain persons as shall be surviving at some period not specified . . . 40
Chapter XI
OFCONDITIONALBEQUESTS
126. Bequest upon impossible condition . . . 41
127. Bequest upon illegal or immoral condition . . 41
128. Fulfilment of condition precedence to vesting of legacy . . 41 129. Bequest to A and on failure of prior bequest to B . . . 42
130. When second bequest not to take effect on failure of first . . 42
Sections
131. Bequest over conditional upon happening or not happening of specified uncertain event . . . 42
132. Condition must be strictly fulfilled . . . 42
133. Original bequest not affected by invalidity of second . . 43
134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen . . 43
135. Such condition must not be invalid under section 120 . . 43 136. Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over . . 44
137. Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud . .. 44
Chapter XII
OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT
138. Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person . . 44
139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee . . • . 44 140. Bequest of fund for certain purposes, some of which cannot be fulfilled 45
Chapter XIII
OF BEQUESTS TO AN EXECUTOR
141. Legatee named as executor cannot take unless he shows intention to act as executor
45
Chapter XV
OFDEMONSTRATIVE LEGACIES
Chapter XIV
OFSPECIFICLEGACIES
45
142. Specific legacy defined • • 143. Bequest of certain sum where stocks, etc., in which invested are described 144. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind 145. Bequest of money where not payable until part of testator's property disposed of in certain way • • • 146. When enumerated articles not deemed specifically bequeathed • 147. Retention, in form, of specific bequest to several persons in succession 148. Sale and investment of proceeds of property bequeathed to two or more persons in succession 149 Where deficiency of assets to pay legacies, specific legacy ^g not to abate with general legacies • •
150. Demonstrative legacy defined
48
Sections
151. Order of payment when legacy directed to be paid out of fuiid the subject of specific legacy . . . 49
Chapter XVI
OF ADEMPTION OF LEGACIES
152. Ademption explained . . . 49
153. Non-ademption of demonstrative legacy . . . 50
154. Ademption of specific bequest of right to receive something from third party 50
155. Ademption pro. tanto by testator's receipt of part of entire thing specifically bequeathed . . . 50
156. Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed . . . 50
157. 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 50
158. Ademption where stock, specifically bequeathed, does not exist at testator's death . . . 51
159. Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death . . 51
160. Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal . . . ' • 51
161. When removal of thing bequeathed does not constitute ademption . 51
162. When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it . 52
163. Change by operation of law of subject of specific bequest
between date of will and testator's death . . . 52
164. Change of subject without testator's knowledge . . . 52
165. Stock specifically bequeathed lent to third party on condition that it be replaced 53
166. Stock specifically bequeathed sold but replaced, and belonging
to testator at his death . . . 53
Chapter XVII
OF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A BEQUEST
167. Non-liability of executor to exonerate specific legatees . 53
168. Completion of testator's title to things bequeathed to be at cost of his estate 53
169. Exoneration of legatee's immovable property for which land-revenue or rent payable periodically . . . 53
170. Exoneration of specific legatee's stock in joint stock company . 54
Chapter XVIII x
OF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS
171. Bequest of things described in general terms . .• . 54
Sections
Chapter XIX
OF BEQUEST OF THE INTEREST OR PRODUCE OF A FUND
172. Bequest of interest or produce of a fund . . . 55
Chapter XX
OF BEQUESTS OF ANNUITIES
173. Annuity created by will payable for life only unless contrary intention appears by will . . . 55 174. Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity . . . 55 175. Abatement of annuity . . . 56 176. Where gift of annuity and residuary gift, whole annuity to be first satisfied 56
Chapter XXI
OF LEGACIES TO CREDITORS AND PORTIONERS
177. Creditor prima facie entitled to legacy as well as debt . . 56 178. Child pn/«a/flc/c entitled to legacy as well as portion . . 56 179. No ademption by subsequent provision for legatee . . . 56
Chapter XXII
OFELECTION

180. Circumstances in which election takes place . • •
181. Devolution of interest relinquished by owner 182. Testator's belief as to his ownership immaterial . . . 183. Bequest for man's benefit how regarded for purpose of election . 57 184. Person deriving benefit indirectly not put to election 185. Person taking in individual capacity under will may in other character elect to take in opposition 186. Exceptions to provisions of last six sections 187^ When acceptance of benefit given by will constitutes election to take under will 188. Circumstances in which knowledge or waiver is presumed or inferred . 189. When testator's representatives may call upon legatee to elect 190. Postponement of election in case of disability ■
Chapter XXIII
OF GIFTS IN CONTEMPLATION OF DEATH
191. Property transferable by gift made in contemplation of death .
PART vn PROTECTION OF PROPERTY OF DECEASED
192. Person claiming right by succession to property of deceased may appply for relief against wrongful possession . • • 193. Inquiry made by Judge
194. Procedure . . . 60 195. Appointment ofcurator pending determination of proceeding . . 60
196. Powers conferrable on curator . . 60
197. Prohibition of exercise of certain powers by curators . . 61
Payment of debts, e/c., to curators . . 61
198. Curator to give security and may receive remuneration . . 61
199. Report from Collector where estate includes revenue-paying land i 61
200. Institution and defence of suits . . . 61
201. Allowances to apparent owners pending custody by curator . . 62
202. Accounts, to be filed by curator . . . 62
203. Inspection of accounts and right of interested party to keep duplicate . 62
204. Bar to appointment of second curator for same property . . 62
205. Limitation of time for application for curator . . . 62
206. Bar to enforcement of Part against public settlement or legal directions by deceased 62
207. Court of Wards to be made curator in case of minors having property subject to its jurisdiction . . . 63 208. Saving of right to bring suit . . . . 63 209. Effect of decision of summary proceeding . . . 63
210. Appointment of public curators . . . 63
PART VIII
REPRESENTATIVE TITLE TO PROPERTY OF DECEASED
ON SUCCESSION^
Character and property of executor or administrator as such . . 63
Right to intestate's Property . . . 63
Right as executor or legatee when established . . . 63
Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons . 64
Effect on certificate of subsequent probate or letters of administration . 64
Grantee of probate or administration alone to sue, etc.. until same revoked 65
PART IX
PROBATE, LETTERS OF ADMINLSTRATION AND ADMINISTRATION
OF ASSETS OF DECEASED
Application of Part . . . 65
Chapter I
OF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION
218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
220. Effect of letters of administration
221. Acts not validated by administration
222. Probate only to appointed executor
223. Persons to whom probate cannot be granted

Sections
224. Grant of probate to several executors simultaneously or at different times 67 225. Separate probate of codicil discovered after grant of probate. . .67
226. Accrual of representation to surviving executor . . . 67
227. Effect of probate . . . 67 228. Administration, with copy annexed, of authenticated copy of will proved abroad 67
229. Grant of administration where executor has not renounced . . 67 230. Form and effect of renunciation of execulorship . . . 68 231. Procedure where executor renounces or fails to accept within lime limited 68 232. Grant of administration of universal or residuary legatees . . 68 233. Right to administration of representative of deceased residuary legatees 68 234. Grant of administration where no executor, nor residuary legatee, nor representative of such legatee . . . 68 235. Citation before grant of administration to legatee other than universal or residuary 68 236. To whom administration may not be granted . . . 68 236A. Laying of rules before State Legislature . . . 68
Chapter II
OFLIMITED GRANTS
Grants limited in duration
237. Probate of copy or draft of lost will . . . 69 238. Probate of contents of lost or destroyed will . . . 69 239. Probate of copy where original exists . . . .'^69 240. Administration until will produced . . . 69
Grants for the use and benefit of others having right
241. Administration, with will annexed, to attorney of absent executor 69 242. Administration, with will annexed, to allomey of absent person 69 who, if present, would be entitled to administer . . . 69
243. Administration, to attorney of absent person entitled to administer in case of intestacy . . . 69 244. Administration, during miniority of sole executor or residuary legatee 69 245. Administration, during miniority of several executors or residuary legatees 69 246. Administration, for use and benefit of lunatic or minor 70 247. Administration, pendente lite • *
Grants for special purposes 248. Probate limited to purpose specified in will . . . 70 249. Administration, with will annexed, limited to particul^ purpose 70 250. Administration, limited to property in which person has beneficial interest 70 251. Administration limited to suit . . .. 70 252. Administration limited to purpose of becoming party to, suit to be brought against administrator . ; . . 70 253. Administration limited to collection and preservation of deceased's property 71 254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration . 71
Grants with exception
255. Probate or administration, with will annexed, subject to exception . 71
256. Administration with exception . . . 71
Grants ofthe rest
257. Probate or administration of rest . . . 71
Grant ofeffects unadministered
258. Grant of effects unadministered . . . 71
259. Rules as to grants of effects unadministered . . , 71
260. Administration when limited grant expired and still some part of estate unadministered . . " . 71
Chapter III
ALTERATION AND REVOCATION OF GRANTS
261. What errors may be rectified by Court . . . 72 '262. Procedure where codicil discovered after grant of administration
with will annexed . . . 72
263. Revocation or annulment for Just cause . . . 72
Chapter IV
OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND
LETTERS OF ADMINISTRATION
264. Jurisdiction of District Judge in granting and revoking probates, etc. . 73
265. Power to appoint Delegate of District Judge to deal with non-contentious cases 73
266. District Judge's powers as to grant of probate and administration . 73 267. District Judge may order person to produce testamentary papers 73"
268. Proceedings of District Judge's Court in relation to probate and administration 73 269. When and how District Judge to interfere for protection of property 74
270. When probate or administration may be granted by District Judge . 74 271. Disposal of application made to Judge of district in which i i deceased had no fixed abode . . . 74
272. Probate and letters of administration may be granted by Delegate . 74
273. Conclusiveness of probate or letters of administration . . 74
274. Transmission to High Courts of certificate of grants under proviso to section 273 . . . 75
275. Conclusiveness of application for probate or administration if properly made and verified . . .
276. Petition for probate . . . 76
277. In what cases translation of will to be annexed to petition. Verificatioir of translation by person other than Court translator . • • 76
278. Petition for letters of administration . . - 76 279. Addition to statement in petition, e/c , for probate or letters of administration in certain cases . . . 77
280. Petition for probate, e/c., to be signed and verified . . ^-77
Sections
281. Verification of petition for probate, by one witness to will 282. Punishment for false averment in petition or declaration
283. Powers of District Judge 284. Caveats against grant of probate or administration
Form of caveat
285. After entry of caveat, no proceeding taken on petition until after notice to caveator 286. District Delegate when not to grant probate or administration 287. Power to transmit statement to District Judge in doubtful cases where no contention 288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court .
289. Grant of probate to be under seal of Court 290. Grant of letters of administration to be under seal of Court .
291. Administration bond 292. Assignment of administration-bond 293. Time for grant of probate and administration 294. Filing of original wills of which probate or administration with will annexed granted
295. Procedure in contentious cases 296. Surrender of revoked probate or letters of administration 297. Payment to executor or administrator before probate or administration revoked 298. Power to refuse letters of administration 299. Appeals from orders of District Judge 300. Concurrent jurisdiction of High Court 301. Removal of executor or administrator and provision for successor 302. Directions to executor or administrator

Chapter V
OF EXECUTORS OF THEIR OWN WRONG
303. Executor of his own wrong 304. Liability of executor of his own wrong
Chapter j VI OF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR 305. In respect of causes of action surviving deceased and debts due at death 306. Demands and rights of action of or against deceased survive to an against executor or administrator 307 Power of executor or administrator to dispose of property 308 General powers of administration 309. Commission or agency charges • -i 1 n Purchase by executor or administrator of deceased's prope y 111 p u/crs of several executors or administrators exercisable by one S of""- on Oe.,h of ono of seve,a, ex=on,o. o, 313. Powers of administrator of effects unadmmistered.

Sections
314. Powers of administrator during minority . . . 84 315. Powers of married executrix or administratrix . . . 84
Chapter Vn
i OFTHEDUTIESOFANEXECUTORORADMINISTRATOR
316. As to deceased's funeral . . . 84 317. Inventory and account . . . 84 318. Inventory to include property in any part of India in certain cases . 84 319. As to property of, and debts owing to, deceased . . . 84 320. Expenses to be paid before all debts . . . 85 ' 321. Expenses to be paid next after such expenses . . . 85 322. Wages for certain services to be next paid, and then other debts . 85 323. Save as aforesaid, all debts to be paid equally and rateably . . 85 324. Application of movable property to payment of debts where domicile not in India 85 325. Debts to be paid before legacies . . . 85 326. Executor or administrator not bound to pay legacies without indemnity 85 327. Abatement of general legacies . . . 85 328. Non-abatement of specific legacy when assets sufficient to pay debts . 86 329. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses . . . 86
330. Rateable abatement of specific legacies . . . 86
331. Legacies treated as general for purpose of abatement . . 86
Chapter VUI
OF ASSENT TO A LEGACY BY EXECUTOR OR ADMINISTRATOR
332. Assent necessary to complete legatee's title . . . 86
333. Effect of executor's assent to specific legacy . . . .86
334. Conditional assent . . . 87
335. Assent of executor to his own legacy . . . 87
336. Effect of executor's assent . . i 87
337. Executor when to deliver legacies . . . 87
Chapter IX
OF THE PAYMENT AND APPORTIONMENT OF ANNUITIES
338. Commencement of annuity when no time fixed by will . 88
339. When annuity, to be paid quarterly or monthly, first falls due 88
340. Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment 88
• lai- ,
Chapter X
OF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES 341. Investment of sum bequeathed, where legacy, not specific given for life '' 88 342. Investment of general legacy, to be paid at future time, disposal of intermediate interest . . . 88
Sections
343. Procedure when no fund charged with, or appropriated to annuity
344. Transfer to residuary legatee of contingent bequest 345. Investment of residue bequeathed for life, without direction to invest in particular securities 346. Investment of residue bequeathed for life, with direction to invest in specified securities
347. Time and manner of conversion and Investment . 348. Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf .
Chapter XI
OF THE PRODUCE AND INTEREST OF LEGACIES
349. Legatee's title to produce of specific legacy 350. Residuary legatee's title to produce of residuary fund 351. Interest when no time fixed for payment of general legacy
352. Interest when time fixed 353. Rate of interest , j i. 354. No interest on arrears of annuity within first year after testator s dea 355. Interest on sum to be invested to produce annuity .
Chapter XII
OF THE REFUNDING OF LEGACIES
356. Refund of legacy paid under Court's orders 357. No refund if paid voluntarily • * 358. Refund when legacy has become due on performance of condition within further time allowed under section 137
359. When each legatee compellable to refund in proportion 360. Distribution of assets 361. Creditor may call upon legatee to refund • • 362. When legatee, not satisfied or compelled to refund under section 36 , cannot oblige one paid in full to reftind • r i » 363. When unsatisfied legatee must first proceed against executor, if solvent 364. Limit to refunding of one legatee to another • • ■sAS Refunding to be without interest • R^idue after uaoal payments to be paid to residnaiy legante. 36?' Transfer of assets from India to executor or administrator ' m country of domicile for distribution Chapter XIII OFTBEL,ABIUTVOPANEXECUTORO.ADM.MnTRATOR FORDEVARTAH

PARTX
SUCCESSION CERTIFICATES
370. Restriction on grant of certificates under this Part . 371. Court having jurisdietion to grant certificate 372. Application for certificate 373. Procedure on application
374. Contents of certificate 375. Requisition of seeurity from grantee of certificate .
376. Extension of certificate
377. Forms of certificate and extended certifieate 378. Amendment of certificate in respect of powers as to securities 379. Mode of eollecting Court-fees on certificates
380. Loeal extent of eertificate
381. Effeet of certifieate 382. Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases
383. Revoeation of certificate 384. Appeal 385. Effeet on certificate of previous certificate, probate or letters of administration 386. Validation of certain payments made in good faith to holder of invalid certificate 387. Effect of decisions under this Act, and liability of holder of certificate thereunder 388. Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act .389. Surrender of superseded and invalid eertificates 390. Provisions with respect to certificates under Bombay Regulation VIII of 1827

391. Saving
392. [Repealed]
SCHEDULE /.
SCHEDULE II.-.
PARTXI
MISCELLANEOUS
Table of consanguinity [Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower oflineal descendant—See section 54] SCHEDULE III.— Provisions of Part VI applicable to eertain wills and codicils described in section 57
Form of certificateSCHEDULE IV.—
SCHEDULE v.—
SCHEDULE EL
SCHEDULE VII.
SCHEDULE VIII.
SCHEDULEIX.—
Form of caveat Form of probate
Form of Letters of Administration
-Forms of certificate and extended certificate [Repealed]
MODEL SPECIMENS
• Will
• Will (Another Format)
• Will in Favour of Relations
• Petition for obtaining Letter of Administration
• Petition for obtaining a Probate

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