The Indian Succession Act, 1925
Central Act · Act 39 of 1925374 provisions81 citing judgments
The enactment
| Long title | An Act to consolidate the law applicable to intestate and testamentary succession. |
|---|---|
| Type | Act |
| Citation | Act 39 of 1925 |
| Year | 1925 |
| Jurisdiction | Central |
| Ministry | Ministry of Law and Justice |
| Status | In force as published by the source |
| Provisions published | 374 |
| Subjects | taxation, family |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 209 Effect of decision of summary proceeding.
- Section 210 Appointment of public curators.
- Section 211 Character and property of executor or administrator as such.
- Section 212 Right to intestate’s property.
- Section 213 Right as executor or legatee when established.1 citing judgment
- Section 214 Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.
- Section 215 Effection certificate of subsequent probate or letters of administration.
- Section 216 Grantee of probate or administration alone to sue, etc., until same revoked.
- Section 217 Application of Part.
- Section 218 To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person.1 citing judgment
- Section 219 Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.
- Section 222 Probate only to appointed executor.1 citing judgment
- 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 228 Administration, with copy annexed, of authenticated copy of will proved abroad.2 citing judgments
- 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.
- Section 236A Laying of rules before State Legislature.
- 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.
- 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.
- 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.
- Section 255 Probate or administration, with will annexed, subject to exception.
- Section 256 Administration with exception.
- Section 257 Probate or administration of rest.
- 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.
- Section 261 What errors may be rectified by Court.
- Section 262 Procedure where codicil discovered after grant of administration with will annexed.
- Section 263 Revocation or annulment for just cause.4 citing judgments
- Section 264 Jurisdiction of District Judge in granting and revoking probates, etc.1 citing judgment
- Section 265 Power to appoint delegate of District Judge to deal with non-contentious cases.
- Section 266 District Judge’s powers as to grant of probate and administration.
- Section 267 District Judge may order person to produce testamentary papers.
- Section 268 Proceedings of District Judge’s Court in relation to probate and administration.
- Section 269 When and how District Judge to interfere for protection of property.
- Section 270 When probate or administration may be granted by District Judge.
- Section 271 Disposal of application made to Judge of district in which deceased had no fixed abode.1 citing judgment
- Section 272 Probate and letters of administration may be granted by Delegate.
- Section 273 Conclusiveness of probate or letters of administration.
- Section 274 Transmission to High Courts of certificate of grants under proviso to section 273.
- Section 275 Conclusiveness of application for probate or administration if properly made and verified.
- Section 276 Petition for probate.5 citing judgments
- Section 277 In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.
- Section 278 Petition for letters of administration.
- Section 279 Addition to statement in petition, etc., for probate or letters of administration in certain cases.
- Section 280 Petition for probate, etc., to be signed and verified.
- Section 281 Verification of petition for probate, by one witness to will.
- Section 282 Punishment for false averment in petition or declaration.
- Section 283 Powers of District Judge.2 citing judgments
- Section 284 Caveats against grant of probate or administration.
- Section 285 After entry of caveat, no proceeding taken on petition until after notice to caveator.
- Section 286 District Delegate when not to grant probate or administration.
- Section 287 Power to transmit statement to District Judge in doubtful cases where no contention.
- Section 288 Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court.
- Section 289 Grant of probate to be under seal of Court.
- Section 290 Grant of letters of administration to be under seal of Court.
- Section 291 Administration-bond
- Section 292 Assignment of administration-bond
- Section 293 Time for grant of probate and administration.
- Section 294 Filing of original wills of which probate or administration with will annexed granted.
- Section 295 Procedure in contentious cases.1 citing judgment
- Section 296 Surrender of revoked probate or letters of administration.
- Section 297 Payment to executor or administrator before probate or administration revoked.
- Section 298 Power to refuse letters of administration.
- Section 299 Appeals from orders of District Judge.1 citing judgment
- Section 300 Concurrent jurisdiction of High Court.
- Section 301 Removal of executor or administrator and provision for successor.
- Section 302 Directions to executor or administrator.
- Section 303 Executor of his own wrong.
- Section 304 Liability of executor of his own wrong.
- Section 305 In respect of causes of action surviving deceased and debts due at death.
- Section 306 Demands and rights of action of or against deceased survive to and against executor or administrator.4 citing judgments
- Section 307 Power of executor or administrator to dispose of property.
- Section 308 General powers of administration.
- Section 309 Commission or agency charges.
- Section 310 Purchase by executor or administrator of deceased’s property.
- Section 311 Powers of several executors or administrators exercisable by one.
- Section 312 Survival of powers on death of one of several executors or administrators.
- Section 316 As to deceased’s funeral.
- Section 317 Inventory and account.1 citing judgment
- Section 318 Inventory to include property in any part of India in certain cases.
- Section 319 As to property of, and debts owing to, deceased.
- Section 320 Expenses to be paid before all debts.
- Section 321 Expenses to be paid next after such expenses.
- Section 322 Wages for certain services to be next paid, and then other debts.
- Section 323 Save as aforesaid, all debts to be paid equally and rateably.
- Section 324 Application of moveable property to payment of debts where domicile not in India.
- Section 326 Executor or administrator not bound to pay legacies without indemnity.
- Section 327 Abatement of general legacies.
- Section 328 Non-abatement of specific legacy when assets sufficient to pay debts.
- Section 329 Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
- Section 330 Rateable abatement of specific legacies.
- Section 331 Legacies treated as general for purpose of abatement.
- Section 332 Assent necessary to complete legatee’s title.
- Section 333 Effect of executor’s assent to specific legacy.
- Section 334 Conditional assent.
- Section 335 Assent of executor to his own legacy.
- Section 336 Effect of executor’s assent.
- Section 337 Executor when to deliver legacies.
- Section 338 Commencement of annuity when no time fixed by will.
- Section 339 When annuity, to be paid quarterly or monthly, first falls due.
- Section 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.
- 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.
- Section 349 Legatee’s title to produce of specific legacy.
- Section 350 Residuary legatee’s title to produce of residuary fund.
- Section 351 Interest when no time fixed for payment of general legacy.
- Section 352 Interest when time fixed.
- Section 353 Rate of interest.
- Section 354 No interest on arrears of annuity within first year after testator’s death.
- Section 355 Interest on sum to be invested produce annuity.
- Section 356 Refund of legacy paid under Court’s orders.
- Section 358 Refund when legacy has become due on performance of condition within further time allowed under section 137.
- Section 359 When each legatee compellable to refund in proportion.
- Section 360 Distribution of assets.
- Section 361 Creditor may call upon legatee to refund.
- Section 362 When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund.
- Section 363 When unsatisfied legatee must first proceed against executor, if solvent.
- Section 364 Limit to refunding of one legatee to another.
- Section 366 Residue after usual payments to be paid to residuary legatee.
- Section 367 Transfer of assets from India to executor or administrator in country of domicile for distribution.
- Section 368 Liability of executor or administrator for devastation.
- Section 369 Liability of executor or administrator for neglect to get any part of property.
- Section 370 Restriction on grant of certificates under this part.
- Section 371 Court having jurisdiction to grant certificate.
- Section 372 Application for certificate.6 citing judgments
- Section 373 Procedure on application.
- Section 374 Contents of certificate.
- Section 375 Requisition of security from grantee of certificate.
- Section 376 Extension of certificate.
- Section 377 Forms of certificate and extended certificate.
- Section 378 Amendment of certificate in respect of powers as to securities.
- Section 379 Mode of collecting court-fees on certificates.
- Section 380 Local extent of certificate.
- Section 381 Effect of certificate.
- Section 382 Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases.
- Section 383 Revocation of certificate.
- Section 384 Appeal.
- Section 385 Effect on certificate of previous certificate, probate or letters of administration.
- Section 386 Validation of certain payments made in good faith to holder of invalid certificate.
- Section 387 Effect of decisions under this Act, and liability of holder of certificate thereunder.1 citing judgment
- Section 388 Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.
- Section 389 Surrender of superseded and invalid certificates.
- Section 390 Provisions with respect to certificates under Bombay Regulation VIII of 1827.
- Section 391 Saving.
Find the provision, not just read it
The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:
- Search 49,000+ Central and State enactments by what a provision says, not by its number
- Jump from any section to every judgment that has applied it
- Search 300 million+ Indian court records alongside the statute
- Ask a research agent to find and read the case law on a provision for you
Free account. No card. About a minute to create.
Create a free accountNeed this as data, not as a page? The Indian Succession Act, 1925 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.