The Indian Succession Act, 1925

Central Act · Act 39 of 1925374 provisions81 citing judgments

The enactment

Full text, provision by provision

Every provision below opens in full, free and without an account.

• Section 2 Definitions.
• Section 3 Power of State Government to exempt any race, sect or tribe in the State from operation of Act.3 citing judgments
• Section 4 Application of Part.1 citing judgment
• Section 5 Law regulating succession to deceased person’s immoveable and moveable property, respectively.1 citing judgment
• Section 7 Domicile of origin of person of legitimate birth.
• Section 8 Domicile of origin of illegitimate child.2 citing judgments
• Section 10 Acquisition of new domicile.1 citing judgment
• Section 11 Special mode of acquiring domicile in India.
• Section 12 Domicile not acquired by residence as representative of foreign Government, or as part of his family.1 citing judgment
• Section 14 Minor’s domicile.1 citing judgment
• Section 16 Wife’s domicile during marriage.
• Section 17 Minor’s acquisition of new domicile.
• Section 19 Succession to moveable property in India in absence of proof of domicile elsewhere.
• Section 20 Interests and powers not acquired nor lost by marriage.
• Section 21 Effect of marriage between person domiciled and one not domiciled in India.1 citing judgment
• Section 22 Settlement of minor’s property in contemplation of marriage.
• Section 23 Application of Part.
• Section 24 Kindred or consanguinity.
• Section 25 Lineal consanguinity.
• Section 26 Collateral consanguinity.
• Section 27 Persons held for purpose of succession to be similarly related to deceased.
• Section 28 Mode of computing of degrees of kindred.
• Section 29 Application of Part.
• Section 30 As to what property deceased considered to have died intestate.
• 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 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.
• 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.1 citing judgment
• Section 48 Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.1 citing judgment
• Section 49 Children’s advancements not brought into hotchpot.1 citing judgment
• Section 50 General principles relating to intestate succession.
• Section 51 Division of intestate’s property among widow, widower, children and parents.
• Section 53 Division of share of predeceased child of intestate leaving lineal descendants.
• Section 54 Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant.
• Section 55 Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant.
• Section 56 Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.
• Section 57 Application of certain provisions of Part to a class of wills made by Hindus, etc.2 citing judgments
• Section 58 General application of Part.
• Section 59 Person capable of making wills.2 citing judgments
• Section 60 Testamentary guardian.
• Section 61 Will obtained by fraud, coercion or importunity.
• Section 62 Will may be revoked or altered.
• Section 63 Execution of unprivileged wills.21 citing judgments
• Section 64 Incorporation of papers by reference.
• Section 65 Privileged wills.
• Section 66 Mode of making, and rules for executing, privileged wills.
• Section 67 Effect of gift to attesting witness.1 citing judgment
• Section 68 Witness not disqualified by interest or by being executor.
• Section 69 Revocation of will by testator’s marriage.2 citing judgments
• Section 70 Revocation of unprivileged will or codicil.3 citing judgments
• Section 71 Effect of obliteration, interlineation or alteration in unprivileged will.
• Section 72 Revocation of privileged will or codicil.
• Section 73 Revival of unprivileged will.
• Section 74 Wording of wills.
• Section 75 Inquiries to determine questions as to object or subject of will.
• Section 76 Misnomer or misdescription of object.
• Section 77 When words may be supplied.
• Section 78 Rejection of erroneous particulars in description of subject.
• Section 79 When part of description may not be rejected as erroneous.
• Section 80 Extrinsic evidence admissible in cases of patent ambiguity.
• Section 81 Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.
• Section 82 Meaning or clause to be collected from entire Will.
• Section 83 When words may be understood in restricted sense, and when in sense wider than usual.1 citing judgment
• Section 84 Which of two possible constructions preferred.
• Section 85 No part rejected, if it can be reasonably construed.
• Section 86 Interpretation of words repeated in different parts of will.
• Section 87 Testator’s intention to be effectuated as far as possible.1 citing judgment
• Section 88 The last of two inconsistent clauses prevails.1 citing judgment
• Section 89 Will or bequest void for uncertainty.
• Section 90 Words describing subject refer to property answering description at testator’s death.
• Section 91 Power of appointment executed by general bequest.
• Section 92 Implied gift to objects of power in default of appointment.
• Section 93 Bequest to “heirs,” etc., of particular person without qualifying terms.
• Section 94 Bequest to “representatives”, etc., of particular person.
• Section 95 Bequest without words of limitation.
• Section 96 Bequest in alternative.
• Section 97 Effect of words describing a class added to bequest to person.
• Section 98 Bequest to class of persons under general description only.
• Section 99 Construction of terms.
• Section 100 Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate.
• Section 101 Rules of construction where will purports to make two bequests to same person.
• Section 102 Constitution of residuary legatee.
• Section 103 Property to which residuary legatee entitled.
• Section 104 Time of vesting legacy in general terms.
• Section 105 In what case legacy lapses.
• Section 106 Legacy does not lapse if one of two joint legatees die before testator.
• Section 107 Effect of words showing testator’s intention to give distinct shares.
• Section 108 When lapsed share goes as undisposed of.
• Section 109 When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime.
• Section 110 Bequest to A for benefit of B does not lapse by A’s death.
• Section 111 Survivorship in case of bequest to described class.
• Section 112 Bequest to person by particular description, who is not in existence at testator’s death.
• Section 113 Bequest to person not in existence at testator’s death subject to prior bequest.
• Section 114 Rule against perpetuity.
• Section 115 Bequest to a class some of whom may come under rules in sections 113 and 114.
• Section 116 Bequest to take effect on failure of prior bequest.
• Section 117 Effect of direction for accumulation.
• Section 118 Bequest to religious or charitable uses.
• Section 119 Date of vesting of legacy when payment or possession postponed.
• Section 120 Date of vesting when legacy contingent upon specified uncertain event.
• Section 121 Vesting of interest in bequest to such members of a class as shall have attained particular age.
• Section 122 Onerous bequests.
• Section 123 One of two separate and independent bequests to same person may be accepted, and other refused.
• Section 124 Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.
• Section 125 Bequest to such of certain persons as shall be surviving at some period not specified.
• Section 126 Bequest upon impossible condition.
• Section 127 Bequest upon illegal or immoral condition.
• Section 128 Fulfilment of condition precedent to vesting of legacy.
• Section 129 Bequest to A and on failure of prior bequest to B.
• Section 130 When second bequest not to take effect on failure of first.
• Section 131 Bequest over, conditional upon happening or not happening of specified uncertain event.
• Section 132 Condition must be strictly fulfilled.
• Section 133 Original bequest not affected by invalidity of second.
• Section 134 Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.
• Section 135 Such condition must not be invalid under section 120.
• Section 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.
• Section 137 Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud.
• Section 138 Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.
• Section 139 Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.
• Section 140 Bequest of fund for certain purposes, some of which cannot be fulfilled.
• Section 141 Legatee named as executor cannot take unless be shows intention to act as executor.
• Section 142 Specific legacy defined.
• Section 143 Bequest of certain sum where stocks, etc., in which invested are described.
• Section 144 Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.
• Section 145 Bequest of money where not payable until part of testator’s property disposed of in certain way.
• Section 146 When enumerated articles not deemed specifically bequeathed.
• Section 147 Retention, in form, of specific bequest to several persons in succession.
• Section 148 Sale and investment of proceeds of property bequeathed to two or more persons in succession.
• Section 149 Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.
• Section 150 Demonstrative legacy defined.
• Section 151 Order of payment when legacy directed to be paid out of fund the subject of specific legacy.
• 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.1 citing judgment
• 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, rema…
• 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.
• Section 167 Non-liability of executor to exonerate specific legatees.
• Section 168 Compeletion of testator’s title to things bequeathed to be at cost of his estate.
• Section 169 Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically.
• Section 170 Exoneration of specific legatee’s stock in joint-stock company.
• Section 171 Bequest of thing described in general terms.
• Section 172 Bequest of interest or produce of fund.
• Section 173 Annuity created by will payable for life only unless contrary intention appears by will.
• Section 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 an…
• Section 175 Abatement of annuity.
• Section 176 Where gift of annuity and residuary gift, whole annuity to be first satisfied.
• Section 177 Creditor prima facie entitled to legacy as well as debt.
• Section 178 Child prima facie entitled to legacy as well as portion.
• Section 179 No ademption by-subsequent provision for legatee.
• Section 180 Circumstances in which election takes place.
• Section 181 Devolution of interest relinquished by owner.
• Section 182 Testator’s belief as to his ownership immaterial.
• Section 183 Bequest for man’s benefit how regarded for purpose of election.
• Section 184 Person deriving benefit indirectly not put to election.
• Section 185 Person taking in individual capacity under will may In other character elect to take in opposition.
• Section 186 Exception to provisions of last six sections.
• Section 187 When acceptance of benefit given by will constitutes election to take under will.
• Section 188 Circumstances in which knowledge or waiver is presumed or inferred.
• Section 189 When testator’s representatives may call upon legatee to elect.
• Section 190 Postponement of election in case of disability.
• Section 191 Property transferable by gift made in contemplation of death.
• Section 192 Person claiming right by succession to property of deceased may apply for relief against wrongful possession.
• Section 193 Inquiry made by Judge.
• Section 194 Procedure.
• Section 195 Appointment of curator pending determination of proceeding.
• Section 196 Powers conferrable on curator.
• Section 197 Prohibition of exercise of certain powers by curators.
• Section 198 Curator to give security and may receive remuneration.
• Section 199 Report from Collector where estate includes revenue paying land.
• Section 200 Institution and defence of suits.
• Section 201 Allowances to apparent owners pending custody by curator.
• Section 202 Accounts to be filed by curator.
• Section 203 Inspection of accounts and right of interested party to keep duplicate.
• Section 204 Bar to appointment of second curator for same property.
• Section 205 Limitation of time for application for curator.
• Section 206 Bar to enforcement of Part against public settlement or legal directions by deceased.
• Section 207 Court of Wards to be made curator in case of minors having property subject to its jurisdiction.
• Section 208 Saving of right to bring suit.