[30th September, 1925.]
An Act to consolidate the law applicable to intestate and testamentary succession
WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary succession ***.
It is hereby enacted as follows:-
Table of Contents
Part I Preliminary
PART II Of Domicile
PART III Marriage
PART IV Of Consanguinity
PART V Intestate Succession
- CHAPTER I. Preliminary
- CHAPTER II. Rules in cases of Intestates other than Parsis
- Section 31. Chapter not to apply to Parsis.
- Section 32. Devolution of such property.
- Section 33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.
- Section 33A. Special provision where intestate has left widow and no lineal descendants.
- Section 34. Where intestate has left no widow, and where he has left no kindred.
- Section 35. Rights of widower.
Distribution where there are lineal descendants
- Section 36. Rules of distribution.
- Section 37. Where intestate has left child or children only.
- Section 38. Where intestate has left no child, but grandchild or grandchildren.
- Section 39. Where intestate has left only great-grandchildren or remoter lineal descendants.
- Section 40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead.
Distribution where there are no lineal descendants
- Section 41. Rules of distribution where intestate has left no lineal descendants.
- Section 42. Where intestate’s father living.
- Section 43. Where intestate’s father dead, but his mother, brothers and sisters living.
- Section 44. Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.
- Section 45. Where intestate’s father dead and his mother and children of any deceased brother or sister living.
- Section 46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.
- Section 47. Where intestate has left neither lineal descendant, nor father, nor mother.
- Section 48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.
- Section 49. Children’s advancements not brought into hotchpot.
- CHAPTER III. Special Rules for Parsi Intestates
PART VI Testamentary Succession
- CHAPTER I. Introductory
- CHAPTER II. Of Wills and Codicils
- CHAPTER III. Of the Execution of unprivileged Wills
- CHAPTER IV. Of privileged Wills
- CHAPTER V. Of the Attestation, Revocation, Alteration and Revival of Wills
- CHAPTER VI. Of the construction of Wills
- CHAPTER VII. Of void Bequests
- CHAPTER VIII. Of the vesting of Legacies
- CHAPTER IX. Of Onerous Bequests
- CHAPTER X. Of Contingent Bequests
- CHAPTER XI. Of Conditional Bequests
- CHAPTER XII. Of Bequests with Directions as to Application or Enjoyment
- CHAPTER XIII. Of Bequests to an Executor
- CHAPTER XIV. Of Specific Legacies
- CHAPTER XV. Of Demonstrative Legacies
- CHAPTER XVI. Of Ademption of Legacies
- Section 152. Ademption explained.
- Section 153. Non-ademption of demonstrative legacy.
- Section 154. Ademption of specific bequest of right to receive something from third party.
- Section 155. Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed.
- Section 156. Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed.
- Section 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.
- Section 158. Ademption where stock, specifically bequeathed, does not exist at testator’s death.
- Section 159. Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death.
- Section 160. Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.
- Section 161. When removal of thing bequeathed does not constitute ademption.
- Section 162. When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.
- Section 163. Change by operation of law of subject of specific bequest between date of will and testator’s death.
- Section 164. Change of subject without testator’s knowledge.
- Section 165. Stock specifically bequeathed lent to third party on condition that it be replaced.
- Section 166. Stock specifically bequeathed sold but replaced, and belonging to testator at his death.
- CHAPTER XVII. Of the Payment of Liabilities in respect of the Subject of a Bequest
- CHAPTER XVIII. Of Bequests of Things described in General Terms
- CHAPTER XIX. Of Bequests of the Interest or Produce of a Fund
- CHAPTER XX. Of Bequests of Annuities
- CHAPTER XXI. Of Legacies to creditors and Portioners
- CHAPTER XXII. Of Election
- CHAPTER XXIII. Of Gifts in Contemplation of Death
PART VII Protection Of Property Of Deceased
PART VIII Representative Title To Property Of Deceased On Succession
PART IX Probate Letters Of Administration And Administration Of Assets Of Deceased
PART IX Probate Letters Of Administration And Administration Of Assets Of Deceased
- CHAPTER I. Of Grant of Probate and Letters of Administration.
- Section 218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person.
- Section 219. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.
- Section 220. Effect of letters of administration.
- Section 221. Acts not validated by administration.
- Section 222. Probate only to appointed executor.
- Section 223. Persons to whom probate cannot be granted.
- Section 224. Grant of probate to several executors simultaneously or at different times.
- Section 225. Separate probate of codicil discovered after grant of probate.
- Section 226. Accrual of representation to surviving executor.
- Section 227. Effect of probate.
- Section 228. Administration, with copy annexed, of authenticated copy of will proved abroad.
- Section 229. Grant of administration where executor has not renounced.
- Section 230. Form and effect of renunciation of executorship.
- Section 231. Procedure where executor renounces or fails to accept within time limited.
- Section 232. Grant of administration to universal or residuary legatees.
- Section 233. Right to administration of representative of deceased residuary legatee.
- Section 234. Grant of administration where no executor, nor residuary legatee nor representative of such legatee.
- Section 235. Citation before grant of administration to legatee other than universal or residuary.
- Section 236. To whom administration may not be granted. 236A. Laying of rules before State Legislature.
- Section 236A. TLaying of rules before State Legislature.
- CHAPTER II. Of Limited Grants Grants limited in duration
- Section 237. Probate of copy or draft of lost will.
- Section 238. Probate of contents or lost of destroyed will.
- Section 239. Probate of copy where original exists.
- Section 240. Administration until will produced.
Grants for the use and benefit of others having right
- Section 241. Administration, with will annexed, to attorney of absent executor.
- Section 242. Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer.
- Section 243. Administration to attorney of absent person entitled to administer in case of intestacy.
- Section 244. Administration during minority of sole executor or residuary legatee.
- Section 245. Administration during minority of several executors or residuary legatee.
- Section 246. Administration for use and benefit of lunatic or minor.
- Section 247. Administration pendente lite.
Grants for special purposes
- Section 248. Probate limited to purpose specified in will.
- Section 249. Administration, with will annexed, limited to particular purpose.
- Section 250. Administration limited to property in which person has beneficial interest.
- Section 251. Administration limited to suit.
- Section 252. Administration limited to purpose of becoming party to suit to be brought against administrator.
- Section 253. Administration limited to collection and preservation of deceased’s property.
- Section 254. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration.
Grants with exception
- Section 255. Probate or administration, with will annexed, subject to exception.
- Section 256. Administration with exception.
Grants of the rest
- Section 257. Probate or administration of rest.
Grant of effects unadministered
- Section 258. Grant of effects unadministered.
- Section 259. Rules as to grants of effects unadministered.
- Section 260. Administration when limited grant expired and still some part of estate unadministered.
- CHAPTER III. Alteration and Revocation of Grants
- CHAPTER IV. Of the Practice in granting and revoking Probates and Letters of Administration
- CHAPTER V. Of Executors of their own Wrong
- CHAPTER VI. Of the Powers of an Executor or Administrator
- CHAPTER VII. Of the Duties of an Executor or Administrator
- CHAPTER VIII. Of assent to a legacy by Executor or Administrator
- CHAPTER IX. Of the Payment and Apportionment of Annuities
- CHAPTER X. Of the Investment of Funds to Provide for Legacies
- Section 341. Investment of sum bequeathed, where legacy, not specific, given for life.
- Section 342. Investment of general legacy, to be paid at future time: disposal of intermediate, interest.
- Section 343. Procedure when no fund charged with, or appropriated to, annuity.
- Section 344. Transfer to residuary legatee of contingent bequest.
- Section 345. Investment of residue bequeathed for life, without direction to invest in particular securities.
- Section 346. Investment of residue bequeathed for life, with direction to invest in specified securities.
- Section 347. Time and manner of conversion and investment.
- Section 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
- CHAPTER XII.—Of the Refunding of Legacies
- CHAPTER XIII. Of the Liability of an Executor or Administrator for Devastation
PART IX Probate Letters Of Administration And Administration Of Assets Of Deceased
PART XI Miscellaneous
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