The Indian Succession Act, 1925

The Indian Succession Act, 1925

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EE | | fs | : di E (REEREE The Indian Succession Act, 1925 (ACT No. 39 OF 1925) [As on the 19th June, 2026] 1

LIST OF ABBREVIATIONS USED

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The Indian Succession (Amendment) Act, 1926 (37 of 1926). The Indian Succession (Amendment) Act, 1926 (40 of 1926). The Repealing and Amending Act, 1927 (10 of 1927). The Indian Succession (Amendment) Act, 1927 (18 of 1927). The Indian Succession (Amendment) Act, 1928 (14 of 1928). The Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026). _________ LIST OF ABBREVIATIONS USED Cl., cls. . . . . . for Clause, clauses.

THE INDIAN SUCCESSION ACT, 1925

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THE INDIAN SUCCESSION ACT, 1925 ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTIONS 1. Power of State Government to exempt any race, sect or tribe in the State from operation of Act. Law regulating succession to deceased person’s immoveable and moveable property, respectively. One domicile only affects succession to moveables. Domicile of origin of person of legitimate birth. Succession to moveable property in India in absence of proof of domicile elsewhere.

SECTIONS

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Section 30 — As to what property deceased considered to have died intestate. CHAPTER II

Section 49 — Children’s advancements not brought into hotchpot. CHAPTER III

Persons held for purpose of succession to be similarly related to deceased. Mode of computing of degrees of kindred. PART V INTESTATE SUCCESSION CHAPTER I.—Preliminary 29. As to what property deceased considered to have died intestate. CHAPTER II.—Rules in cases of Intestates other than Parsis 31. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.

SECTIONS

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Section 58 — General application of Part. CHAPTER II

Section 62 — Will may be revoked or altered. CHAPTER III

Section 64 — Incorporation of papers by reference. CHAPTER IV

Section 66 — Mode of making, and rules for executing, privileged wills. CHAPTER V

Section 73 — Revival of unprivileged will. CHAPTER VI

Division of share of predeceased child of intestate leaving lineal descendants. Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant. Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant. Division of property where there is no relative entitled to succeed under the other provisions of this Chapter. PART VI TESTAMENTARY SUCCESSION CHAPTER I.—Introductory 57. Application of certain provisions of Part to a class of wills made by Hindus, etc.

SECTIONS

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Section 111 — Survivorship in case of bequest to described class. CHAPTER VII

Extrinsic evidence admissible in cases of patent ambiguity. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency. Meaning or clause to be collected from entire will. When words may be understood in restricted sense, and when in sense wider than usual. Which of two possible constructions preferred. No part rejected, if it can be reasonably construed.

SECTIONS

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Section 118 — Bequest to religious or charitable uses. CHAPTER VIII

Section 121 — Vesting of interest in bequest to such members of a class as shall have attained particular age. CHAPTER IX

Section 125 — Bequest to such of certain persons as shall be surviving at some period not specified. CHAPTER XI

Bequest to a class some of whom may come under rules in sections 113 and 114. Bequest to take effect on failure of prior bequest. Effect of direction for accumulation. Bequest to religious or charitable uses. CHAPTER VIII.—Of the vesting of Legacies 119. Date of vesting of legacy when payment or possession postponed.

SECTIONS

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Section 140 — Bequest of fund for certain purposes, some of which cannot be fulfilled. CHAPTER XIII

Section 141 — Legatee named as executor cannot take unless he shows intention to act as executor. CHAPTER XIV

Section 149 — Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies. CHAPTER XV

Section 151 — Order of payment when legacy directed to be paid out of fund the subject of specific legacy. CHAPTER XVI

Bequest of fund for certain purposes, some of which cannot be fulfilled. CHAPTER XIII.—Of Bequests to an Executor 141. Legatee named as executor cannot take unless he shows intention to act as executor. CHAPTER XIV.—Of Specific Legacies 142. Bequest of certain sum where stocks, etc., in which invested are described. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.

SECTIONS

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Section 170 — Exoneration of specific legatee’s stock in joint-stock company. CHAPTER XVIII

Section 171 — Bequest of thing described in general terms. CHAPTER XIX

Section 172 — Bequest of interest or produce of fund. CHAPTER XX

Section 176 — Where gift of annuity and residuary gift, whole annuity to be first satisfied. CHAPTER XXI

Section 179 — No ademption by subsequent provision for legatee. CHAPTER—XXII

Section 190 — Postponement of election in case of disability. CHAPTER XXIII

Completion of testator’s title to things bequeathed to be at cost of his estate. Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically. Exoneration of specific legatee’s stock in joint-stock company. CHAPTER XVIII.—Of Bequests of Things described in General Terms 171. Bequest of thing described in general terms. Exception to provisions of last six sections.

SECTIONS

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Section 217 — Application of Part. CHAPTER I

Appointment of curator pending determination of proceeding. Prohibition of exercise of certain powers by curators. Payment of debts, etc., to curator. Curator to give security and may receive remuneration. Report from Collector where estate includes revenue paying land. Allowances to apparent owners pending custody by curator.

SECTIONS

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Section 236A — Laying of rules before State Legislature. CHAPTER II

Grant of probate to several executors simultaneously or at different times. Separate probate of codicil discovered after grant of probate. Accrual of representation to surviving executor. Administration, with copy annexed, of authenticated copy of will proved abroad. Grant of administration where executor has not renounced. Form and effect of renunciation of executorship.

SECTIONS

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Section 260 — Administration when limited grant expired and still some part of estate unadministered. CHAPTER III

Section 263 — Revocation or annulment for just cause. CHAPTER IV

Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration. Probate or administration, with will annexed, subject to exception. Grant of effects unadministered 258. Rules as to grants of effects unadministered. Administration when limited grant expired and still some part of estate unadministered. CHAPTER III.—Alteration and Revocation of Grants 261.

SECTIONS

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Section 302 — Directions to executor or administrator. CHAPTER V

Section 304 — Liability of executor of his own wrong. CHAPTER VI

Caveats against grant of probate or administration. After entry of caveat, no proceeding taken on petition until after notice to caveator. District Delegate when not to grant probate or administration. Power to transmit statement to District Judge in doubtful cases where no contention. Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court. Grant of probate to be under seal of Court.

CHAPTER VII.—Of the Duties of an Executor or Administrator

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Section 331 — Legacies treated as general for purpose of abatement. CHAPTER VIII

Section 337 — Executor when to deliver legacies. CHAPTER IX

CHAPTER VII.—Of the Duties of an Executor or Administrator SECTIONS 316. Inventory to include property in any part of India in certain cases. Executor or administrator not bound to pay legacies without indemnity. CHAPTER VIII.—Of assent to a legacy by Executor or Administrator 332. Effect of executor’s assent to specific legacy. Assent of executor to his own legacy.

SECTIONS

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Section 355 — Interest on sum to be invested produce annuity. CHAPTER XII

Section 367 — Transfer of assets from India to executor or administrator in country of domicile for distribution. CHAPTER XIII

Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf. CHAPTER XL.—Of the Produce and Interest of Legacies 349. Legatee’s title to produce of specific legacy. Residuary legatee’s title to produce of residuary fund. Interest when no time fixed for payment of general legacy. No interest on arrears of annuity within first year after testator’s death.

SCHEDULE II.—

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Section 392 — [Repeals..]. SCHEDULE I

Forms of certificate and extended certificate. SCHEDULE I.—TABLE OF CONSANGUINITY. SCHEDULE II.— PART I.—ORDER OF NEXT-OF-KIN IN CASE OF PARSI INTESTATES REFERRED TO IN SECTION 54. SCHEDULE III.—PROVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS DESCRIBED IN SECTION 57. SCHEDULE VII.—FORM OF LETTERS OF ADMINISTRATION. SCHEDULE VIII.—FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE.

An Act to consolidate the law applicable to intestate and testamentary succession ***.

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Section 1 — Short title.—This Act may be called the Indian Succession Act, 1925. 2. Definitions

Section 3 — Power of State Government to exempt any race, sect or tribe in the State from operation of Act

THE INDIAN SUCCESSION ACT, 1925 1 ACT NO. 39 OF 1925 [30th September, 1925.] 2 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 2 ***. It is hereby enacted as follows:— PART I PRELIMINARY 1. Short title.—This Act may be called the Indian Succession Act, 1925. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— (a) “administrator” means a person appointed by competent authority to administer the estate of a deceased person when there is no executor; (b) “codicil” means an instrument made in relation to a Will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the Will; 3 [(bb) “District Judge” means the Judge of a Principal Civil Court of original jurisdiction;] (c) “executor” means a person to whom the execution of the last Will of a deceased person is, by the testator’s appointment, confided; 4 [(cc) “India” means the territory of India excluding the State of Jammu and Kashmir;] (dd) “Indian Christian” means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion; (e) “minor” means any person subject to the Indian Majority Act, 1875 (9 of 1875) who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years; and “minority” means the status of any such person; (f) “probate” means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator; 5 [(g) “State” includes any division of India having a court of the last resort;] and (h) “will” means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.

(3) Persons exempted under this section or exempted from the operation of any of the provisions of the

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Section 4 — Application of Part

Section 6 — One domicile only affects succession to moveables

Section 7 — Domicile of origin of person of legitimate birth

Section 8 — Domicile of origin of illegitimate child

Section 9 — Continuance of domicile of origin

Section 10 — Acquisition of new domicile

(3) Persons exempted under this section or exempted from the operation of any of the provisions of the 1 Indian Succession Act, 1865 (10 of 1865), under section 332 of that Act are in this Act referred to as “exempted persons”. Application of Part.—This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina. Law regulating succession to deceased person’s immoveable and moveable property, 2 respectively.—(1) Succession to the immoveable property in [India], of a person deceased shall be 2 regulated by the law of [India], wherever such person may have had his domicile at the time of his death. (2) Succession to the moveable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations 2 (i) A, having his domicile in [India], dies in France, leaving moveable property in France, moveable property in 2 England, and property, both moveable and immoveable, in [India]. The succession to the whole is regulated by the law 2 of [India]. 2 (ii) A, an Englishman, having his domicile in France, dies in [India], and leaves property, both moveable and 2 immoveable, in [India].

11. Special mode of acquiring domicile in India.—Any person may acquire a domicile in [India] by

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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

Section 13 — Continuance of new domicile

Section 14 — Minor’s domicile

Section 15 — Domicile acquired by woman on marriage

Section 16 — Wife’s domicile during marriage

Illustrations 1 (i) A, whose domicile of origin is in England, proceeds to [India], where he settles as a barrister or a merchant, 1 intending to reside there during the remainder of his life. He does not 1 acquire a domicile in [India]. He does not by such residence acquire a domicile in [India], however, long the residence may last. He does not by such residence acquire a domicile in [India]. (vii) A, having come to Calcutta in the circumstances stated in the last preceding illustration, continues to reside thereafter such political changes have occurred as would enable him to return with safety to Chandernagore, and he 1 intends that his residence in Calcutta shall be permanent. Special mode of acquiring domicile in India.—Any person may acquire a domicile in [India] by 1 making and depositing in some office in [India] appointed in this behalf by the State Government, a declaration in writing under his hand of his desire to acquire such domicile; provided that he has been 1 resident in [India] for one year immediately preceding the time of his making such declaration. Domicile not acquired by residence as representative of foreign Government, or as part of his family.—A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment; nor does any other person acquire such domicile by reason only of residing with such first-mentioned person as part of his family, or as a servant.

Exception.—The wife’s domcile no longer follows that of her husband if they are separated by the sentence

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Section 17 — Minor’s acquisition of new domicile

Section 18 — Lunatic’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

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

Exception.—The wife’s domcile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation. Minor’s acquisition of new domicile.—Save as hereinbefore otherwise provided in this Part, a person cannot, during minority, acquire a new domicile. Lunatic’s acquisition of new domicile.—An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person. Succession to moveable property in India in absence of proof of domicile elsewhere.—If a 1 person dies leaving moveable property in [India], in the absence of proof of any domicile elsewhere, 1 succession to the property is regulated by the law of [India]. Interests and powers not acquired nor lost by marriage.—(1) No person shall, by marriage, acquire any interest in the property of the person whom he or she marries or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried. (2) This section— (a) shall not apply to any marriage contracted before, the first day of January, 1866; (b) shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion. Effect of marriage between person domiciled and one not domiciled in India.—If a person 1 1 1 whose domicile is not in [India] marries in [India] a person whose domicile is in [India], neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled 1 in [India] at the time of the marriage.

(2) Every generation constitutes a degree, either ascending or descending.

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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

(2) Every generation constitutes a degree, either ascending or descending. (3) A person’s father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so on. Collateral consanguinity.—(1) Collateral consanguinity is that which subsists between two persons who are decended from the same stock or ancestor, but neither of whom is descended in a direct line from the other. (2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is necessary to reckon upwards from the person deceased to the common stock and then downwards to the collateral relative, a degree being allowed for each person, both ascending and descending. Persons held for purpose of succession to be similarly related to deceased.—For the purpose of succession, there is no distinction— (a) between those who are related to a person deceased through his father, and those who are related to him through his mother; or (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or (c) between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive. Mode of computing of degrees of kindred.—Degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I. Illustrations (i) The person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in the fourth degree; there being one degree of ascent to the father, and another to the common ancestor, the grandfather; and from him one of descent to the uncle, and another to the cousin-german, making in all four degrees. (ii) A grandson of the brother and a son of the uncle, i.e., a great-nephew and a cousin-german, are in equal degree, being each four degrees removed. (iii) A grandson of a cousin-german is in the same degree as the grandson of a great-uncle, for they are both in the sixth degree of kindred. PART V INTESTATE SUCCESSION CHAPTER I.—Preliminary 29.

CHAPTER II.—Rules in cases of Intestates other than Parsis

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Section 31 — Chapter not to apply to Parsis.—Nothing in this Chapter shall apply to Parsis. 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

He has died intestate in respect of the whole of his property. (ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has died intestate in respect of the distribution of his property. (iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; and has died leaving the sum of 2,000 rupees and no other property. CHAPTER II.—Rules in cases of Intestates other than Parsis 31. Chapter not to apply to Parsis.—Nothing in this Chapter shall apply to Parsis. Devolution of such property.—The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.—Where the intestate has left a widow— (a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained; 2 (b) [save as provided by section 33A], if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained; (c)if he has left none who are of kindred to him, the whole of his property shall belong to his widow.

(5) This section shall not apply—

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Section 34 — Where intestate has left no widow, and where he has left no kindred

Section 35 — Rights of widower

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

(5) This section shall not apply— (a) to the property of— (i) any Indian Christian, (ii) any child or grandchild of any male person who is or was at the time of his death an Indian Christian, or (iii) any person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to whose property is, under section 24 of the Special Marriage Act, 1872 (3 of 1872), regulated by the provisions of this Act; (b) unless the deceased dies intestate in respect of all his property.] 34. Where intestate has left no widow, and where he has left no kindred.—Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are of kindred to him, it shall go to the Government. Rights of widower.—A husband surviving his wife has the same rights in respect of her property, if she dies intestate, as a widow has in respect of her husband’s property, if he dies intestate. Distribution where there are lineal descendants 36. Rules of distribution.—The rules for the distribution of the intestate’s property (after deducting the widow’s share, if he has left a widow) amongst his lineal descendants shall be those contained in sections 37 to 40. Where intestate has left child or children only.—Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.

(2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest

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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

(2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect of each of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal descendants shall belong to his surviving child or children or more remote lineal descendants, as the case may be; such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate. On the death of A, intestate, one-third is allotted to Henry, one-third to John’s four children, and the remaining third to Mary’s one child. (ii) A left no child, but left eight grandchildren, and two children of a deceased grandchild. The property is divided into nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally divided between the two great-grandchildren. (iii) A has three children, John, Mary and Henry; John dies leaving four children; and one of John’s children dies leaving two children. One-third of his property is allotted to Henry, one-third to Mary’s child, and one-third is divided into four parts, one of which is allotted to each of John’s three surviving children, and the remaining part is equally divided between John’s two grandchildren. (iv) A has two children, and no more, John and Mary. Distribution where there are no lineal descendants 41. Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.—If the intestate’s father is dead but the intestate’s mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate’s lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death.

45. Where intestate’s father dead and his mother and children of any deceased brother or sister

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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 50 — General principles relating to intestate succession

Where intestate’s father dead and his mother and children of any deceased brother or sister living.—If the intestate’s father is dead, but the intestate’s mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death. Illustration A, the intestate, leaves no brother or sister but leaves his mother and one child of a deceased sister, Mary, and two children of a deceased brother, George. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.—If the intestate’s father is dead, but the intestate’s mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother. Where intestate has left neither lineal descendant, nor father, nor mother.—Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.— Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him. All of these being in the third degree will take equal shares. (iv) Ten children of one brother or sister of the intestate, and one child of another brother or sister of the intestate, constitute the class of relatives of the nearest degree of kindred to him.

(b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a

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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

(b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a 1 widow or widower or any lineal descendant or [a widow or widower of any lineal descendant] shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided; and 2 (c) where a [widow or widower of any relative] of an intestate has married again in the lifetime of 3 the intestate, [such widow or widower] shall not be entitled to receive any share of the property of 3 which the intestate has died intestate, and [such widow or widower] shall be deemed not to be existing at the intestate’s death. Division of intestate’s property among widow, widower, children and parents.—(1) Subject to the provisions of sub-section (2), the property of which a Parsi dies intestate shall he divided,— (a) where such Parsi dies leaving a widow or widower and children, among the widow or widower, and children so that the widow or widower and each child received equal shares; (b) where such Parsi dies leaving children, but no widow or widower, among the children in equal shares. (2) Where a Parsi dies leaving one or both parents in addition to children or widow or widower and children, the property of which such Parsi dies intestate shall be so divided that the parent or each of the parents shall receive a share equal to half the share of each child.] 53. Division of share of predeceased child of intestate leaving lineal descendants.—In all cases where a Paris dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate’s death shall be in accordance with the following rules, namely:— (a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate’s death: Provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account. (b) If such deceased child was a daughter, her share shall be divided equally among her children. (c) If any child of such deceased child has, also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestate’s death, shall be divided in like manner in accordance with clause (a) or clause (b), as the case may be. (d) Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate, the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate’s death by reason of the predecease of all the- intestate’s lineal descendants directly between him or her and the intestate. Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant.—Where a Parsi dies without leaving any lineal descendant but leaving a widow or widower or a widow or widower of a lineal descendant, the property of which the intestate dies intestate shall be divided in accordance with the following rules, namely:— (a) if the intestate leaves a widow or widower but no widow or widower of a lineal descendant, the widow or widower shall take half the said property; 1. 2, for “a widow of any lineal descendant” (w.e.f. 2, ibid., for “widow of any relative” (w.e.f.

(b) if the intestate leaves a widow or widower and also a widow or widower of any lineal

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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

(b) if the intestate leaves a widow or widower and also a widow or widower of any lineal descendant, his widow or her widower shall receive one-third of the said property and the widow or widower of any lineal descendant shall receive another one-third or if there is more than one such widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among them; (c) if the intestate leaves no widow or widower, but one widow or widower of the lineal descendant, such widow or widower of the lineal descendant shall receive one-third of the said property or, if the intestate leaves no widow or widower but -more than one widow or widower of lineal descendants, two-thirds of the said property shall be divided among such widows or widowers of the lineal descendants in equal shares; (d) the residue after the division specified in clause (a), or clause (b) or clause (c) has been made shall be distributed among the relatives of the intestate in the order specified in Part I of Schedule II; and the next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second to the third and so on in succession, provided that the property shall be so distributed that each male and female standing in the same degree of propinquity shall receive equal shares; (e) if there are no relatives entitled to the residue under clause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this 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.—When a Parsi dies leaving neither lineal 1 descendants nor a widow or widower nor [a widow or widower of any lineal descendant], his or her next- of-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he or she dies intestate. The next-of-kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the 2 property shall be so distributed that [each male and female standing in the same degree of propinquity shall receive equal shares.] 56. Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.—Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate’s relatives who are in the nearest degree of kindred to him.] PART VI TESTAMENTARY SUCCESSION CHAPTER I.—Introductory 3 [57. Application of certain provisions of Part to a class of wills made by Hindus, etc.—The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply— (a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant- Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and (b) to all such wills and codicils made outside those territories and limits so far as relates to 4 immoveable property situate within those territories or limits, [and 1. 5, for “a widow of any lineal descendant” (w.e.f.

(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of

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Section 59 — Person capable of making wills

Section 60 — Testamentary guardian

Section 61 — Will obtained by fraud, coercion or importunity

(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):] Provided that marriage shall not revoke any such will or codicil.] 1 * * * * * 58. General application of Part.—(1) The provisions of this Part shall not apply to testamentary succession to the property of any Muhammadan nor, save as provided by section 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made before the first day of January, 1866. (2) Save as provided in sub-section (1) or by any other law for the time being in force the provisions 2 of this Part shall constitute the law of [India] applicable to all cases of testamentary succession. CHAPTER II.—Of Wills and Codicils 59. Person capable of making wills.—Every person of sound mind not being a minor may dispose of his property by will. Explanation 1.—A married woman may dispose by will of any property which she could alienate by her own act during her life. Explanation 2.—Persons who are deaf or dumb or blind are not thereby incapacitated for making a will if they are able to know what they do by it.

62. Will may be revoked or altered.—A will is liable to be revoked or altered by the maker of it at

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Section 63 — Execution of unprivileged wills

Section 65 — Privileged wills

The bequest is void, the making of it having been caused by coercion. (v) A, being of sufficient intellect, if undistrubed by the influence of others, to make a will yet being so much under the control of B that he is not a free agent, makes a will, dictated by B. It appears that he would not have executed the will but for fear of B. The will is invalid. (vi) A, being in so feeble a state of health as to be unable to resist importunity, is pressed by B to make a will of a certain purport and does so merely to purchase peace and in submission to B. The will is invalid. (vii) A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his will in the manner recommended by B. Will may be revoked or altered.—A will is liable to be revoked or altered by the maker of it at any time when he is competent to dispose of his property by will.

66. Mode of making, and rules for executing, privileged wills.—(1) Privileged wills may be in

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Section 67 — Effect of gift to attesting witness

He is a soldier actually employed in an expedition, and can make a privileged will. (ii) A is at sea in a merchant-ship, of which he is the purser. He is a mariner, and, being at sea, can make a privileged will. (iii) A, a soldier serving in the field against insurgents, is a soldier engaged in actual warfare, and as such can make a privileged will. (iv) A, a mariner of a ship, in the course of a voyage, is temporarily on shore while she is lying in harbour. He is, for the purposes of this section, a mariner at sea, and can make a privileged will. (v) A, an admiral who commands a naval force, but who lives on shore, and only occasionally goes on board his ship, is not considered as at sea, and cannot make a privileged will. (vi) A, a mariner serving on a military expedition, but not being at sea, is considered as a soldier, and can make a privileged will. Mode of making, and rules for executing, privileged wills.—(1) Privileged wills may be in writing, or may be made by word of mouth. (2) The execution of privileged wills shall be governed by the following rules:— (a) The will may be written wholly by the testator, with his own hand. 1 (g) The soldier, [airman] or mariner may make a will by word of mouth by declaring his intentions before two witnesses present at the same time. (h) A will made by word of mouth shall be null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will. CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills 67.

Explanation.—A legatee under a will does not lose his legacy by attesting a codicil which confirms

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Section 68 — Witness not disqualified by interest or by being executor

Section 69 — Revocation of will by testator’s marriage

Section 70 — Revocation of unprivileged will or codicil

Section 71 — Effect of obliteration, interlineation or alteration in unprivileged will

Section 72 — Revocation of privileged will or codicil

Explanation.—A legatee under a will does not lose his legacy by attesting a codicil which confirms the will. Revocation of will by testator’s marriage.—Every will shall be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. Revocation of unprivileged will or codicil.—No unprivileged will or codicil, nor any part thereof, shall be revoked otherwise than by marriage, or by another will or codicil, or by some writing declaring an intention to revoke the same and executed in the manner in which an unprivileged will is herein before required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator or by some person in his presence and by his direction with the intention of revoking the same. Afterwards, A, being entitled to make a privileged will, makes a privileged will, which purports to revoke his unprivileged will. Revocation of privileged will or codicil.—A privileged will or codicil, may be revoked by the testator by an unprivileged will or codicil, or by any act expressing an intention to revoke it and accompanied by such formalities as would be sufficient to give validity to a privileged will, or by the burning, tearing or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same. Explanation.—In order to the revocation of a privileged will or codicil by an act accompanied by such formalities as would be sufficient to give validity to a privileged will, it is not necessary that the testator should at the time of doing that act be in a situation which entitles him to make a privileged will.

CHAPTER VI.—Of the construction of Wills

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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

CHAPTER VI.—Of the construction of Wills 74. Wording of wills.—It is not necessary that any technical words or terms of art be used in a will, but only that the wording be such that the intentions of the testator can be known therefrom. Inquiries to determine questions as to object or subject of will.—For the purpose of determining questions as to what person or what property is denoted by any words used in a will, a Court shall inquire into every material fact relating to the persons who claim to be interested under such will, the property which is claimed as the subject of disposition, the circumstances of the testator and of his family, and into every fact a knowledge of which may conduce to the right application of the words which the testator has used. Illustrations (i) A, by his will, bequeaths 1,000 rupees to his eldest son or to his youngest grandchild, or to his cousin, Mary. A Court may make inquiry in order to ascertain to what person the description in the will applies. (ii) A, by his will, leaves to B “my estate called Black Acre”. It may be necessary to take evidence in order to ascertain what is the subject-matter of the bequest; that is to say, what estate of the testator’s is called Black Acre. (iii) A, by his will, leaves to B “the estate which I purchased of C”.

78. Rejection of erroneous particulars in description of subject.—If the thing which the testator

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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

Rejection of erroneous particulars in description of subject.—If the thing which the testator intended to bequeath can be sufficiently identified from the description of it given in the will, but some parts of the description do not apply, such parts of the description shall be rejected as erroneous, and the bequest shall take effect. The words “in the occupation of X” shall be rejected as erroneous, and the marsh-lands of the testator lying in L will pass by the bequest. (ii) The testator bequeaths to A “my zamindari of Rampur”. When part of description may not be rejected as erroneous.—If a will mentions several circumstances as descriptive of the thing which the testator intends to bequeath, and there is any property of his in respect of which all those circumstances exist, the bequest shall be considered as limited to such property, and it shall not be lawful to reject any part of the description as erroneous, because the testator had other property to which such part of the description does not apply. Explanation.—In judging whether a case falls within the meaning of this section, any words which would be liable to rejection under section 78 shall be deemed to have been struck out of the will. The testator had marsh-lands lying in L, some of which were in the occupation of X, and some not in the occupation of X. That description, therefore, admits of two applications, only one of which can have been intended by the testator.

82. Meaning or clause to be collected from entire will.—The meaning of any clause in a will is to

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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

Section 84 — Which of two possible constructions preferred

Section 85 — No part rejected, if it can be reasonably construed

By his will he bequeaths 1,000 rupees to “my aunt, Caroline” and 1,000 rupees to “my cousin, Mary” and afterwards bequeaths 2,000 rupees to “my before-mentioned aunt, Mary”. There is no person to whom the description given in the will can apply, and evidence is not admissible to show who was meant by “my before-mentioned aunt, Mary”. Meaning or clause to be collected from entire will.—The meaning of any clause in a will is to be collected from the entire instrument, and all its parts are to be construed with reference to each other. Illustrations (i) The testator gives to B a specific fund or property at the death of A, and by a subsequent clause gives the whole of his property to A. When words may be understood in restricted sense, and when in sense wider than usual.— General words may be understood in a restricted sense where it may be collected from the will that the testator meant to use them in a restricted sense; and words may be understood in a wider sense than that which they usually bear, where it may be collected from the other words of the Will that the testator meant to use them in such wider sense. No part rejected, if it can be reasonably construed.—No part of a will shall be rejected as destitute of meaning if it is possible to put a reasonable construction upon it.

86. Interpretation of words repeated in different parts of will.—If the same words occur in

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Section 86 — Interpretation of words repeated in different parts of will

Section 87 — Testator’s intention to be effectuated as far as possible

Section 88 — The last of two inconsistent clauses prevails

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

Interpretation of words repeated in different parts of will.—If the same words occur in different parts of the same will, they shall be taken to have been used everywhere in the same sense, unless a contrary intention appears. Illustration The testator by a will made on his death-bed bequeathed all his property to C.D. for life and after his decease to a certain hospital. The intention of the testator cannot take effect to its full extent because the gift to the hospital is void under section 118, but it will take effect so far as regards the gift to C.D. The last of two inconsistent clauses prevails.—Where two clauses of gifts in a will are irreconcile-able, so that they cannot possibly stand together, the last shall prevail. Illustrations (i) The testator by the first clause of his will leaves his estate of Ramnagar “to A,” and by the last clause of his will leaves it “to B and not to A”. Words describing subject refer to property answering description at testator’s death.— The description contained in a will of property, the subject of gift, shall, unless a contrary intention appears by the will, be deemed to refer to and comprise the property answering that description at the death of the testator.

94. Bequest to “representatives”, etc., of particular person.—Where a bequest is made to the

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Section 94 — Bequest to “representatives”, etc., of particular person

Section 95 — Bequest without words of limitation

Section 96 — Bequest in alternative

Bequest to “representatives”, etc., of particular person.—Where a bequest is made to the “representatives” or “legal representatives” or “personal representatives” or “executors or administrators” of a particular person, and the class so designated forms the direct and independent object of the bequest, the property bequeathed shall be distributed as if it had belonged to such person and he had died intestate in respect of it. Illustration A bequest is made to the “legal representatives” of A. Bequest without words of limitation.—Where property is bequeathed to any person, he is entitled to the whole interest of the testator therein, unless it appears from the will that only a restricted interest was intended for him. Bequest in alternative.—Where a property is bequeathed to a person with a bequest in the alternative to another person or to a class of persons, then, if a contrary intention does not appear by the will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes effect; but if he is then dead, the person or class of persons named in the second branch of the alternative shall take the legacy. Illustrations (i) A bequest is made to A or to B. B takes nothing. (ii) A bequest is made to A or to B.

97. Effect of words describing a class added to bequest to person.—Where property is bequeathed

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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

Effect of words describing a class added to bequest to person.—Where property is bequeathed to a person, and words are added which describe a class of persons but do not denote them as direct objects of a distinct and independent gift, such person is entitled to the whole interest of the testator therein, unless a contrary intention appears by the will. Illustrations (i) A bequest is made— to A and his children, to A and his children by his present wife, to A and his heirs, to A and the heirs of his body, to A and the heirs male of his body, to A and the heirs female of his body, to A and his issue, to A and his family, to A and his descendants, to A and his representatives, to A and his personal representatives, to A, his executors and administrators. In each of these cases, A takes the whole interest which the testator had in the property. (ii) A bequest is made to A and his brothers. A and his brothers are jointly entitled to the legacy. (iii) A bequest is made to A for life and after his death to his issue. Bequest to class of persons under general description only.—Where a bequest is made to a class of persons under a general description only, no one to whom the words of the description are not in their ordinary sense applicable shall take the legacy. Construction of terms.—In a will— (a) the word “children” applies only to lineal descendants in the first degree of the person whose “children” are spoken of; (b) the word “grandchildren” applies only to lineal descendants in the second degree of the person whose “grand children” are spoken of; (c) the words “nephews” and “nieces” apply only to children of brothers or sisters; (d) the words “cousins,” or “first cousins,” or “cousins-german,” apply only to children of brothers or of sisters of the father or mother of the person whose “cousins,” or “first cousins,” or “cousins-german,” are spoken of; (e) the words “first cousins once removed” apply only to children of cousins-german, or to cousins-german of a parent of the person whose “first cousins once removed” are spoken of; (f) the words “second cousins” apply only to grandchildren of brothers or of sisters of the grandfather or grandmother of the person whose “second cousins” are spoken of; (g) the words “issue” and “descendants” apply to all lineal descendants whatever of the person whose “issue” or “descendants” are spoken of; (h) words expressive of collateral relationship apply alike to relatives of full and of half blood; and (i) all words expressive of relationship apply to a child in the womb who is afterwards born alive.

100. Words expressing relationship denote only legitimate relatives or failing such relatives

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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

Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate.—In the absence of any intimation to the contrary in a will, the word “child,” the word “son” the word “daughter” or any word which expresses relationship, is to be understood as denoting only a legitimate relative, or, where there is no such legitimate relative, a person who has acquired, at the date of the will, the reputation of being such relative. Illustrations (i) A having three children, B, C and D of whom B and C are legitimate and D is illegitimate, leaves his property to be equally divided among “my children”. The property belongs to B and C in equal shares, to the exclusion of D. (ii) A, having a niece of illegitimate birth, who has acquired the reputation of being his niece, and having no legitimate niece, bequeaths a sum of money to his niece. B will take a share in the legacy along with the legitimate children. (iv) A leaves a legacy to “the children of B”. Only C and D are objects of the bequest. (vi) A makes a bequest in favour of his child by a certain woman, not his wife. Rules of construction where will purports to make two bequests to same person.—Where a will purports to make two bequests to the same person, and a question arises whether the testator intended to make the second bequest instead of or in addition to the first; if there is nothing in the will to show what he intended, the following rules shall have effect in determining the construction to be put upon the will:— (a) If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. (b) Where one and the same will or one and the same codicil purports to make, in two places, a bequest to the same person of the same quantity or amount of anything, he shall be entitled to one such legacy only. (c) Where two legacies of unequal amount are given to the same person in the same will, or in the same codicil, the legatee is entitled to both. (d) Where two legacies, whether equal or unequal in amount, are given to the same legatee, one by a will and the other by a codicil, or each by a different codicil, the legatee is entitled to both legacies.

102. Constitution of residuary legatee.—A residuary legatee may be constituted by any words that

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Section 102 — Constitution of residuary legatee

Section 103 — Property to which residuary legatee entitled

Section 104 — Time of vesting legacy in general terms

A afterwards made a codicil to his will, and thereby, after giving other legacies, he bequeathed to C the diamond ring which was given to him by B, C can claim nothing except the diamond ring which was given to A by B. (iii) A, by his will, bequeaths to B the sum of 5,000 rupees and afterwards in the same will repeats the bequest in the same words. Constitution of residuary legatee.—A residuary legatee may be constituted by any words that show an intention on the part of the testator that the person designated shall take the surplus or residue of his property. Illustrations (i) A makes her will, consisting of several testamentary papers, in one of which are contained the following words:—“I think there will be something left, after all funeral expenses, etc., to give to B, now at school, towards equipping him to any profession he may hereafter be appointed to.” B is constituted residuary legatee. (ii) A makes his will, with the following passage at the end of it:—“I believe there will be found sufficient in my banker’s hands to defray and discharge my debts, which I hereby, desire B to do, and keep the residue for her own use and pleasure.” B is constituted the residuary legatee. (iii) A bequeaths all his property to B, except certain stock and funds, which he bequeaths to C. Property to which residuary legatee entitled.—Under a residuary bequest, the legatee is entitled to all property belonging to the testator at the time of his death, of which he has not made any other testamentary disposition which is capable of taking effect. Illustration A by his will bequeaths certain legacies, of which one is void under section 118, and another lapses by the death of the legatee. Time of vesting legacy in general terms.—If a legacy is given in general terms, without specifying the time when it is to be paid, the legatee has a vested interest in it from the day of the death of the testator, and, if he dies without having received it, it shall pass to his representatives.

105. In what case legacy lapses.—(1) If the legatee does not survive the testator, the legacy cannot

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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

In what case legacy lapses.—(1) If the legatee does not survive the testator, the legacy cannot take effect, but shall lapse and form part of the residue of the testator’s property, unless it appears by the will that the testator intended that it should go to some other person. (2) In order to entitle the representatives of the legatee to receive the legacy, it must be proved that he survived the testator. B dies before the testator; the legacy lapses. (ii) A bequest is made to A and his children. The legacy to A and his children lapses. (iii) A legacy is given to A, and, in case of his dying before the testator, to B. The legacy to A lapses, and the bequest to B does not take effect. (vi) The testator and the legatee perished in the same ship-wreck. Legacy does not lapse if one of two joint legatees die before testator.—If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole. Effect of words showing testator’s intention to give distinct shares.—If a legacy is given to legatees in words which show that the testator intended to give them distinct shares of it, then, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall into the residue of the testator's property.

111. Survivorship in case of bequest to described class.—Where a bequest is made simply to a

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Section 112 — Bequest to person by particular description, who is not in existence at testator’s death

Survivorship in case of bequest to described class.—Where a bequest is made simply to a described class of persons, the thing bequeathed shall go only to such as are alive at the testator’s death. Exception.—If property is bequeathed to a class of persons described as standing in a particular degree of kindred to a specified individual, but their possession of it is deferred until a time later than the death of the testator by reason of a prior bequest or otherwise, the property shall at that time go to such of them as are then alive, and to the representatives of any of them who have died since the death of the testator. C and E died in the lifetime of A, C having made a will, E having made no will. The bequest after the death of B is void. (vi) A bequeaths 1,000 rupees to “all the children born or to be born” of B to be divided among them at the death of C. Bequest to person by particular description, who is not in existence at testator’s death.— Where a bequest is made to a person by a particular description, and there is no person in existence at the testator's death who answers the description, the bequest is void. Exception.—If property is bequeathed to a person described as standing in a particular degree of kindred to a specified individual, but his possession of it is deferred until a time later than the death of the testator, by reason of a prior bequest or otherwise; and if a person answering the description is a live at the death of the testator, or comes into existence between that event and such later time, the property shall, at such later time, go to that person, or, if he is dead, to his representatives.

113. Bequest to person not in existence at testator's death subject to prior bequest.—Where a

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Section 113 — Bequest to person not in existence at testator's death subject to prior bequest

Section 114 — Rule against perpetuity

At the death of the testator, B has no son. Bequest to person not in existence at testator's death subject to prior bequest.—Where a bequest is made to a person not in existence at the time of the testator’s death, subject to a prior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of the remaining interest of the testator in the thing bequeathed. Here the bequest to A’s eldest son is a bequest to a person not in existence at the testator’s death. A has daughters some of whom were not in existence at the testator’s death. Here the direction for a settlement has the effect in the case of each daughter who marries under eighteen of substituting for the absolute bequest to her a bequest to her merely for her life; that is to say, a bequest to a person not in existence at the time of the testator’s death of something which is less than the whole interest that remains to the testator in the thing bequeathed. Rule against perpetuity.—No bequest is valid whereby the vesting of the thing bequeathed may be delayed beyond the life-time of one or more persons living at the testator’s death and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the thing bequeathed is to belong.

115. Bequest to a class some of whom may come under rules in sections 113 and 114.—If a

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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

The bequest after B’s death is void. (ii) A fund is bequeathed to A for his life, and after his death to B for his life, and after B’s death to such of B’s sons as shall first attain the age of 25. The bequest is valid. (iii) A fund is bequeathed to A for his life, and after his death to B for his life, with a direction that after B’s death it shall be divided amongst such of B’s children as shall attain the age of 18, but that, if no child of B shall attain that age, the fund shall go to C. Bequest to a class some of whom may come under rules in sections 113 and 114.—If a bequest is made to a class of persons with regard to some of whom it is inoperative by reason of the 1 provisions of section 113 or section 114, such bequest shall be [void in regard to those persons only, and not in regard to the whole class]. But A may have children after the testator’s decease, some of whom may not attain the age of 25 until more than 18 years have elapsed after the decease of A. In all other respects the case is the 2 same as that supposed in Illustration (i). [Although the mention of B, C and D does not prevent the bequest from being regarded as a bequest to a class, it is not wholly void. Bequest to take effect on failure of prior bequest.—Where by reason of any of the rules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is void in regard to such person or the whole of such class, any bequest contained in the same will and intended to take effect after or upon failure of such prior bequest is also void.] 1.

[117. Effect of direction for accumulation.—(1) Where the terms of a will direct that the income

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Section 117 — Effect of direction for accumulation

Illustrations (i) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, for his life, and after the decease of such son to B. The bequest to B is intended to take effect after the bequest to such of the sons of A as shall first attain the age of 25, which bequest is void under section 114. The bequest to B is void. (ii) A fund is bequeathed to A for his life, and after his death to such of his sons as shall first attain the age of 25, and, if no son of A shall attain that age, to B. The bequest to B is intended to take effect upon failure of the bequest to such of A’s sons as shall first attain the age of 25, which bequest is void under section 114. Effect of direction for accumulation.—(1) Where the terms of a will direct that the income arising from any property shall be accumulated either wholly or in part during any period longer than a period of eighteen years from the death of the testator, such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the aforesaid period, and at the end of such period of eighteen years the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed. (2) This section shall not effect any direction for accumulation for the purpose of— (i) the payment of the debts of the testator or any other person taking any interest under the will, or (ii) the provision of portions for children or remoter issue of the testator or of any other person taking any interest under the will, or (iii) the preservation or maintenance of any property bequeathed; and such direction may be made accordingly.] 118. Bequest to religious or charitable uses.—No man having a nephew or niece or any nearer relative shall have power to bequeath any property to religious or charitable uses, except by a will executed not less than twelve months before his death, and deposited within six months from its execution in some place provided by law for the safe custody of the wills of living persons: 2 [Provided that nothing in this section shall apply to a Parsi.] Illustrations A having a nephew makes a bequest by a will not executed and deposited as required— for the relief of poor people; for the maintenance of sick soldiers; for the erection or support of a hospital; for the education and preferment of orphans; for the support of scholars; for the erection or support of a school; for the building and repairs of a bridge; for the making of roads; for the erection or support of a church; for the repairs of a church; for the benefit of ministers of religion; for the formation or support of a public garden; All these bequests are void.

CHAPTER VIII.—Of the vesting of Legacies

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Section 119 — Date of vesting of legacy when payment or possession postponed

Section 120 — Date of vesting when legacy contingent upon specified uncertain event

CHAPTER VIII.—Of the vesting of Legacies 119. Date of vesting of legacy when payment or possession postponed.—Where by the terms of a bequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the proper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator’s death, and shall pass to the legatee’s representatives if he dies before that time and without having received the legacy, and in such cases the legacy is from the testator’s death said to be vested in interest. Explanation.—An intention that a legacy to any person shall not become vested in interest in him is not to be inferred merely from a provision whereby the payment or possession of the thing bequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or whereby the income arising from the fund bequeathed is directed to be accumulated until the time of payment arrives, or from a provision that, if a particular event shall happen, the legacy shall go over to another person. Illustrations (i) A bequeaths to B 100 rupees, to be paid to him at the death of C. On A’s death the legacy becomes vested in interest in B, and if he dies before C, his representatives are entitled to the legacy. (ii) A bequeaths to B 100 rupees, to be paid to him upon his attaining the age of 18. Date of vesting when legacy contingent upon specified uncertain event.—(1) A legacy bequeathed in case a specified uncertain event shall happen does not vest until that event happens. (2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest until the happening of that event becomes impossible. (3) In either case, until the condition has been fulfilled, the interest of the legatee is called contingent.

121. Vesting of interest in bequest to such members of a class as shall have attained particular

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Section 122 — Onerous bequests

Section 123 — One of two separate and independent bequests to same person may be accepted, and other refused

B’s interest in the bequest is contingent until the condition is fulfilled by A’s marrying. (vii) An estate is bequeathed to A until he shall take advantage of any law for the relief of insolvent debtors, and after that event to B. B’s interest in the bequest is contingent until A takes advantage of such a law. (viii) An estate is bequeathed to A if he shall pay 500 rupees to B. A’s interest in the bequest is contingent until he has paid 500 rupees to B. (ix) A leaves his farm of Sultanpur Khurd to B, if B shall convey his own farm of Sultanpur Buzurg to C. B’s interest in the bequest is contingent until he has conveyed the latter farm to C. (x) A fund is bequeathed to A if B shall not marry C within five years after the testator’s death. Vesting of interest in bequest to such members of a class as shall have attained particular age.—Where a bequest is made only to such members of a class as shall have attained a particular age, a person who has not attained that age cannot have a vested interest in the legacy. No child of A who is under the age of 18 has a vested interest in the bequest.

CHAPTER X.—Of Contingent Bequests

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Section 124 — Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence

Section 126 — Bequest upon impossible condition

Illustration A, having a lease for a term of years of a house at a rent which he and his representatives are bound to pay during the term, and which is higher than the house can be let for, bequeaths to B the lease and a sum of money. He will not by this refusal forfeit the money. CHAPTER X.—Of Contingent Bequests 124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.—Where a legacy is given if a specified uncertain event shall happen and no time is mentioned in the will for the occurrence of that event, the legacy cannot take effect, unless such event happens before the period when the fund bequeathed is payable or distributable. Illustrations (i) A legacy is bequeathed to A, and, in case of his death, to B. CHAPTER XI.—Of Conditional Bequests 126.

127. Bequest upon illegal or immoral condition.—A bequest upon a condition, the fulfilment of

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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

Illustrations (i) An estate is bequeathed to A on condition that he shall walk 100 miles in an hour. The bequest is void. (ii) A bequeaths 500 rupees to B on condition that he shall marry A’s daughter. Bequest upon illegal or immoral condition.—A bequest upon a condition, the fulfilment of which would be contrary to law or to morality is void. Fulfilment of condition precedent to vesting of legacy.—Where a will imposes a condition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the condition shall be considered to have been fulfilled if it has been substantially complied with. Bequest to A and on failure of prior bequest to B.—Where there is a bequest to one person and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest shall take effect upon the failure of the prior bequest although the failure may not have occurred in the manner contemplated by the testator. The bequest to B takes effect. (ii) A bequeaths a sum of money to B, on condition that he shall execute a certain document within three months after A’s death, and, if he should neglect to do so, to C.

130. When second bequest not to take effect on failure of first.—Where the will shows an

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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

When second bequest not to take effect on failure of first.—Where the will shows an intention that the second bequest shall take effect only in the event of the first bequest failing in a particular manner, the second bequest shall not take effect, unless the prior bequest fails in that particular manner. A and his wife perish together, under circumstances which make it impossible to prove that she died before him, the bequest to B does not take effect. The gift over cannot take effect, but the representative of A takes one- half of the money, and the representative of B takes the other half. (v) A bequeaths to B the interest of a fund for life, and directs the fund to be divided at her death equally among her three children, or such of them as shall he living at her death. The bequest over cannot take effect, but the interests of the children pass to their representatives. Condition must be strictly fulfilled.—An ulterior bequest of the kind contemplated by section 131 cannot take effect, unless the condition is strictly fulfilled. The bequest to C does not take effect. (iii) A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, if A dies under 18 or marries without the consent of B, the legacy shall go to C.

134. Bequest conditioned that it shall cease to have effect in case a specified uncertain event

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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

Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.—A bequest may be made with the condition super-added that it shall cease to have effect in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen. Illustrations (i) An estate is bequeathed to A for his life, with a proviso that, in case he shall cut down a certain wood, the bequest shall cease to have any effect. She loses her interest under the will. (v) A fund is bequeathed to A for life, and, after his death, to B, if B shall be then living, with a proviso that, if B shall become a nun, the bequest to her shall cease to have any effect. Such condition must not be invalid under section 120.—In order that a condition that a bequest shall cease to have effect may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of a bequest as contemplated by section 120. 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.—Where a bequest is made with a condition super-added that, unless the legatee shall perform a certain act, the subject-matter of the bequest shall go to another person, or the bequest shall cease to have effect but no time is specified for the performance of the act; if the legatee takes any step which renders impossible or indefinitely postpones the performance of the act required, the legacy shall go as if the legatee had died without performing such act. Further time In case of fraud.—Where the will requires an act to be performed by the legatee within a specified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition upon the non-fulfilment of which the subject-matter of the bequest is to go over to another person or the bequest is to cease to have effect, the act must be performed within the time specified, unless the performance of it be prevented by fraud, in which case such further time shall be allowed as shall be requisite to make up for the delay caused by such fraud.

CHAPTER XII.—Of Bequests with Directions as to Application or Enjoyment

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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

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.—Where a fund is bequeathed absolutely to or for the benefit of any person, but the will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the will had contained no such direction. Illustration A sum of money is bequeathed towards purchasing a country residence for A, or to purchase an annuity for A, or to place A in any business. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.—Where a testator absolutely bequeaths a fund, so as to sever it from his own estate, but directs that the mode of enjoyment of it by the legatee shall be restricted so as to secure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund belongs to him as if the will had contained no such direction. CHAPTER XIII.—Of Bequests to an Executor 141. A orders the funeral according to the directions contained in the will, and dies a few days after the testator, without having proved the will.

CHAPTER XIV.—Of Specific Legacies

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Section 142 — Specific legacy defined

CHAPTER XIV.—Of Specific Legacies 142. Specific legacy defined.—Where a testator bequeaths to any person a specified part of his property, which is distinguished from all other parts of his property, the legacy is said to be specific. Illustrations (i) A bequeaths to B— “the diamond ring presented to me by C”: “my gold chain”: “a certain bale of wool”: “a certain piece of cloth”: “all my household goods which shall be in or about my dwelling-house in M. Each of these legacies is specific. (ii) A, having Government promissory notes for 10,000 rupees, bequeaths to his executors “Government promissory notes for 10,000 rupees in trust to sell” for the benefit of B. The legacy is specific. (iii) A, having property at Benares, and also in other places, bequeaths to B all his property at Benares. The legacy is specific. (iv) A bequeaths to B— his house in Calcutta: his zamindari of Rampur: his taluq of Ramnagar:

143. Bequest of certain sum where stocks, etc., in which invested are described.—Where a

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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

A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B. Each of these bequests is specific. (vi) A bequeaths a sum of money— to buy a house in Calcutta for B: to buy an estate in zila Faridpur for B: to buy a diamond ring for B: to buy a horse for B: to be invested in shares in the Imperial Bank of India for B: to be invested in Government securities for B. Government securities.” These bequests are not specific. (vii) A, having property in England and property in India, bequeaths a legacy to B, and directs that it shall be paid out of the property which he may leave in India. He also bequeaths a legacy to C, and directs that it shall be paid out of property which he may leave in England. Bequest of certain sum where stocks, etc., in which invested are described.—Where a certain sum is bequeathed, the legacy is not specific merely because the stock, funds or securities in which it is invested are described in the will. Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.—Where a bequest is made in general terms of a certain amount of any kind of stock, the legacy is not specific merely because the testator was, at the date of his will, possessed of stock of the specified kind, to an equal or greater amount than the amount bequeathed.

145. Bequest of money where not payable until part of testator’s property disposed of in certain

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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 150 — Demonstrative legacy defined

Bequest of money where not payable until part of testator’s property disposed of in certain way.—A money legacy is not specific merely because the will directs its payment to be postponed until some part of the property of the testator has been reduced to a certain form, or remitted to a certain place. When enumerated articles not deemed specifically bequeathed.—Where a will contains a bequest of the residue of the testator's property along with an enumeration of some items of property not previously bequeathed, the articles enumerated shall not be deemed to be specifically bequeathed. Retention, in form, of specific bequest to several persons in succession.—Where property is specifically bequeathed to two or more persons in succession, it shall be retained in the form in which the testator left it, although it may be of such a nature that its value is continually decreasing. B is to enjoy the property as A left it, although, if B lives for fifteen years, C can take nothing under the bequest. (ii) A, having an annuity during the life of B, bequeaths it to C, for his life, and, after C’ s death, to D. Sale and investment of proceeds of property bequeathed to two or more persons in succession.—Where property comprised in a bequest to two or more persons in succession is not specifically bequeathed, it shall, in the absence of any direction to the contrary, be sold, and the proceeds of the sale shall be invested in such securities as the High Court may by any general rule authorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees according to the terms of the will. Demonstrative legacy defined.—Where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity, and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative.

151. Order of payment when legacy directed to be paid out of fund the subject of specific

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Section 152 — Ademption explained

(ii) A bequeaths to B— “ten bushels of the corn which shall grow in my field of Green Acre”: “80 chests of the indigo which shall be made at my factory of Rampur”: “10,000 rupees out of my five per cent. promissory notes of the Central Government”: “An annuity of 500 rupees from my funded property”: “1,000 rupees out of the sum of 2,000 rupees due to me by C”: An annuity, and directs it to be paid “out of the rents arising from my taluk of Ramnagar”. (iii) A bequeaths to B— “10,000 rupees out of my estate at Ramnagar,” or charges it on his estate at Ramnagar: “10,000 rupees, being my share of the capital embarked in a certain business.” Each of these bequests is demonstrative. Order of payment when legacy directed to be paid out of fund the subject of specific legacy.—Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the same fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative legacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of the general assets of the testator. He also bequeaths to C 1,000 rupees to be paid out of the debt due to him from W. The debt due to A from W is only 1,500 rupees; of these 1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 rupees out of the general assets of the testator. Ademption explained.—If anything which has been specifically bequeathed does not belong to the testator at the time of his death, or has been converted into property of a different kind, the legacy is adeemed; that is, it cannot take effect, by reason of the subject-matter having been withdrawn from the operation of the will.

153. Non-ademption of demonstrative legacy.—A demonstrative legacy is not adeemed by reason

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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 specially bequeathed

Non-ademption of demonstrative legacy.—A demonstrative legacy is not adeemed by reason that the property on which it is charged by the will does not exist at the time of the death of the testator, or has been converted into property of a different kind, but it shall in such case be paid out of the general assets of the testator. Ademption of specific bequest of right to receive something from third party.—Where the thing specifically bequeathed is the right to receive something of value from a third party, and the testator himself receives it, the bequest is adeemed. Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed.— The receipt by the testator of a part of an entire thing specifically bequeathed shall operate as an ademption of the legacy to the extent of the sum so received. The legacy is revoked by ademption, so far as regards the 5,000 rupees received by A. Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specially bequeathed.—If a portion of an entire fund or stock is specifically bequeathed, the receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the extent of the amount so received; and the residue of the fund or stock shall be applicable to the discharge of the specific legacy. 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.—Where a portion of a fund is specifically bequeathed to one legatee, and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator receives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and the demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund shall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the demonstrative legacy shall be paid out of the general assets of the testator.

158. Ademption where stock, specifically bequeathed, does not exist at testator’s death.—Where

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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

C is also to receive 500 rupees out of the general assets of the testator. Ademption where stock, specifically bequeathed, does not exist at testator’s death.—Where stock which has been specifically bequeathed does not exist at the testator’s death, the legacy is adeemed. Illustration A bequeaths to B— “my capital stock of 1,000l, in East India Stock”: “my promissory notes of the Central Government for 10,000 rupees in their 4 per cent. loan.” A sells the stock and the notes. Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death.—Where stock which has been specifically bequeathed exists only in part at the testator’s death, the legacy is adeemed so far as regards that part of the stock which has ceased to exist. Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.—A specific bequest of goods under a description connecting them with a certain place is not adeemed by reason that they have been removed from such place from any temporary cause, or by fraud, or without the knowledge or sanction of the testator. When removal of thing bequeathed does not constitute ademption.—The removal of the thing bequeathed from the place in which it is stated in the will to be situated does not constitute an ademption, where the place is only referred to in order to complete the description of what the testator meant to bequeath.

162. When thing bequeathed is a valuable to be received by testator from third person; and

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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

When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.—Where the thing bequeathed is not the right to receive something of value from a third person, but the money or other commodity which may be received from the third person by the testator himself or by his representatives, the receipt of such sum of money or other commodity by the testator shall not constitute an ademption; but if he mixes it up with the general mass of his property, the legacy is adeemed, Illustration A bequeaths to B whatever sum may be received from his claim on C. Change by operation of law of subject of specific bequest between date of will and testator’s death.—Where a thing specifically bequeathed undergoes a change between the date of the will and the testator's death, and the change takes place by operation of law, or in the course of execution of the provisions of any legal instrument under which the thing bequeathed was held, the legacy is not adeemed by reason of such change. Change of subject without testator’s knowledge.—Where a thing specifically bequeathed undergoes a change between the date of the will and the testator’s death, and the change takes place without the knowledge or sanction of the testator, the legacy is not adeemed. Stock specifically bequeathed lent to third party on condition that it be replaced.—Where stock which has been specifically bequeathed is lent to a third party on condition that it shall be replaced, and it is replaced accordingly, the legacy is not adeemed. Stock specifically bequeathed sold but replaced, and belonging to testator at his death.— Where stock specifically bequeathed is sold, and an equal quantity of the same stock is afterwards purchased and belongs to the testator at his death, the legacy is not adeemed. Non-liability of executor to exonerate specific legatees.—(1) Where property specifically bequeathed is subject at the death of the testator to any pledge, lien or incumbrance created by the testator himself or by any person under whom he claims, then, unless a contrary intention appears by the will, the legatee, if he accepts the bequest, shall accept it subject to such pledge or incumbrance, and shall (as between himself and the testator’s estate) be liable to make good the amount of such pledge or incumbrance.

(2) A contrary intention shall not be inferred from any direction which the will may contain for the

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Section 168 — Completion 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

(2) A contrary intention shall not be inferred from any direction which the will may contain for the payment of the testator’s debts generally. It is the duty of A’s executors, if the state of the testator’s assets will allow them, to allow B to redeem the ring. A bequeaths to B a zamindari which at A’s death is subject to a mortgage for 10,000 rupees; and the whole of the principal sum, together with interest to the amount of 1,000 rupees, is due at A's death. A, having contracted for the purchase of a piece of land for a certain sum of money, one-half of which is to be paid down and the other half secured by mortgage of the land, bequeaths it to B, and dies before he has paid or secured any part of the purchase-money. Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically.—Where there is a bequest of any interest in immovable property in respect of which payment in the nature of land-revenue or in the nature of rent has to be made periodically, the estate of the testator shall (as between such estate and the legatee) make good such payments or a proportion of them, as the case may be, up to the day of his death. Exoneration of specific legatee’s stock in joint-stock company.—In the absence of any direction in the will, where there is a specific bequest of stock in a joint-stock company, if any call or other payment is due from the testator at the time of his death in respect of the stock, such call or payment shall, as between the testator’s estate and the legatee, be borne by the estate; but, if any call or other payment becomes due in respect of such stock after the testator’s death, the same shall, as between the testator’s estate and the legatee, be borne by the legatee, if he accepts the bequest.

CHAPTER XVIII.—Of Bequests of Things described in General Terms

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Section 173 — Annuity created by will payable for life only unless contrary intention appears by will

(iii) A bequeaths to B his shares in a certain railway. After A’s death, a call is made in respect of the shares. CHAPTER XVIII.—Of Bequests of Things described in General Terms 171. Bequest of thing described in general terms.—If there is a bequest of something described in general terms, the executor must purchase for the legatee what may reasonably be considered to answer the description. CHAPTER XIX.—Of Bequests of the Interest or Produce of a Fund 172. CHAPTER XX.—Of Bequests of Annuities 173.

174. Period of vesting where will directs that annuity be provided out of proceeds of property,

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Section 175 — Abatement of annuity

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 180 — Circumstances in which election takes place

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.— Where the will directs that an annuity shall be provided for any person out of the proceeds of property, or out of property generally, or where money is bequeathed to be invested in the purchase of any annuity for any person, on the testator’s death, the legacy vests in interest in the legatee, and he is entitled at his option to have an annuity purchased for him or to receive the money appropriated for that purpose by the will. Illustrations (i) A by his will directs that his executors shall, out of his property, purchase an annuity of 1,000 rupees for B. B is entitled at his option to have an annuity of 1,000 rupees for his life purchased for him or to receive such a sum as will be sufficient for the purchase of such an annuity. (ii) A bequeaths a fund to B for his life, and directs that after B’s death, it shall be laid out in the purchase of an annuity for C. Abatement of annuity.—Where an annuity is bequeathed, but the assets of the testator are not sufficient to pay all the legacies given by the will, the annuity shall abate in the same proportion as the other pecuniary legacies given by the will. Where gift of annuity and residuary gift, whole annuity to be first satisfied.—Where there is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any part of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator’s estate shall be applied for that purpose. Circumstances in which election takes place.—Where a person, by his will, professes to dispose of some thing which he has no right to dispose of, the person to whom the thing belongs shall elect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up any benefits which may have been provided for him by the will.

181. Devolution of interest relinquished by owner.—An interest relinquished in the circumstances

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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

Devolution of interest relinquished by owner.—An interest relinquished in the circumstances stated in section 180 shall devolve as if it had not been disposed of by the will in favour of the legatee, subject, nevertheless, to the charge of making good to the disappointed legatee the amount or value of the gift attempted to be given to him by the will. Testator’s belief as to his ownership immaterial.—The provisions of sections 180 and 181 apply whether the testator does or does not believe that which he professes to dispose of by his will to be his own. Illustrations (i) The farm of Sultanpur was the property of C. A bequeathed it to B, giving a legacy of 1,000 rupees to C. C has elected to retain his farm of Sultanpur, which is worth 800 rupees. C forfeits his legacy of 1,000 rupees, of which 800 rupees goes to B, and the remaining 200 rupees falls into the residuary bequest, or devolves according to the rules of intestate succession, as the case may be. (ii) A bequeaths an estate to B in case B’s elder brother (who is married and has children) shall leave no issue living at his death.

186. Exception to provisions of last six sections.—Notwithstanding anything contained in

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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 191 — Property transferable by gift made in contemplation of death

Exception to provisions of last six sections.—Notwithstanding anything contained in sections 180 to 185, where a particular gift is expressed in the will to be in lieu of something belonging to the legatee, which is also in terms disposed of by the will, then, if the legatee claims that thing, he must relinquish the particular gift, but he is not bound to relinquish any other benefit given to him by the will. Illustration Under A’s marriage-settlement his wife is entitled, if she survives him, to the enjoyment of the estate of Sultanpur during her life. A by his will bequeaths to his wife an annuity of 200 rupees during her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. He also gives his wife a legacy of 1,000 rupees. The widow elects to take what she is entitled to under the settlement. She is bound to relinquish the annuity but not the legacy of 1,000 rupees.

(3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the illness

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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

(3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the illness during which it was made; nor if he survives the person to whom it was made. A dies of the illness during which he delivered these articles. A dies of the illness during which he delivered these articles. A dies of the illness during which he set aside the parcels. Person claiming right by succession to property of deceased may apply for relief against wrongful possession.—(1) If any person dies leaving property, moveable or immoveable, any person claiming a right by succession thereto, or to any portion thereof, may make application to the District Judge of the district where any part of the property is found or situate for relief, either after actual possession has been taken by another person, or when forcible means of seizing possession are apprehended. (2) Any agent, relative or near friends, or the Court of Wards in cases within their cognizance, may, in the event of any minor, or any disqualified or absent person being entitled by succession to such property as aforesaid, make the like application for relief. Inquiry made by Judge.—The District Judge to whom such application is made shall, in the first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks necessary as to whether there is sufficient ground for believing that the party in possession or taking forcible means for seizing possession has no lawful title, and that the applicant, or the person on whose behalf he applies is really entitled and is likely to be materially prejudiced if left to the ordinary remedy of a suit, and that the application is made bona fide.

Provided that the Judge shall have the power to appoint an officer who shall take an inventory of

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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

Provided that the Judge shall have the power to appoint an officer who shall take an inventory of effects, and seal or otherwise secure the same, upon being applied to for the purpose, without delay, whether he shall have concluded the inquiry necessary for summoning the party complained of or not. Appointment of curator pending determination of proceeding.—If it further appears upon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined, and that the delay in obtaining security from the party in possession or the insufficiency thereof is likely to expose the party out of possession to considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators whose authority shall continue according to the terms of his or their respective appointment, and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession in the consequence thereof: Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer subordinate to the Collector, the powers of a curator: Provided, further, that every appointment of a curator in respect of any property shall be duly published. Powers conferrable on curator.—The District Judge may authorise the curator to take possession of the property either generally, or until security is given by the party in possession, or until inventories of the property have been made, or for any other purpose necessary for securing the property from misappropriation or waste by the party in possession: Provided that it shall be in the discretion of the Judge to allow the party in possession to continue in such possession on giving security or not, and any continuance in possession shall be subject to such orders as the Judge may issue touching inventories, or the securing of deeds or other effects. Prohibition of exercise of certain powers by curators.—(1) Where a certificate has been 1 granted under Part X or under the Seccession Certificate Act, 1889 (7 of 1889), or a grant of probate or letters of administration has been made, a curator appointed under this Part shall not exercise any authority lawfully belonging to the holder of the certificate or to the executor or administrator. (2) Payment of debts, etc., to curator.—All persons who have paid debts or rents to a curator authorised by a Court to receive them shall be indemnified, and the curator shall be responsible for the payment thereof to the person who has obtained the certificate, probate or letters of administration, as the case may be. Curator to give security and may receive remuneration.—(1) The District Judge shall take from the curator security for the faithful discharge of his trust, and for rendering, satisfactory accounts of the same as hereinafter provided, and may authorise him to receive out of the property such remuneration, in no case exceeding five per centum on the moveable property and on the annual profits of the immoveable property, as the District Judge thinks reasonable. (2) All surplus money realized by the curator shall be paid into Court, and invested in public securities for the benefit of the persons entitled thereto upon adjudication of the summary proceeding. (3) Security shall be required from the curator with all reasonable despatch, and where it is practicable, shall be taken generally to answer all cases for which the person may be afterwards appointed curator; but no delay in the taking of security shall prevent the Judge from immediately investing the curator with the powers of his office. Rep. partly by Act 39 of 1925, and finally by Act 1 of 1938.

199. Report from Collector where estate includes revenue paying land.—(1) Where the estate of

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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

Report from Collector where estate includes revenue paying land.—(1) Where the estate of the deceased person consists wholly or in part of land paying revenue to Government, in all matters regarding the propriety of summoning the party in possession, of appointing a curator, or of nominating individuals to that appointment, the District Judge shall demand a report from the Collector, and the Collector shall thereupon furnish the same: Provided that in cases of urgency the Judge may proceed, in the first instance, without such report. (2) The Judge shall not be obliged to act in conformity with any such report, but, in case of his acting otherwise than according to such report, he shall immediately forward a statement of his reasons to the High Court, and the High Court, if it is dissatisfied with such reasons, shall direct the Judge to proceed conformably to the report of the Collector. Institution and defence of suits.—The curator shall be subject to all orders of the District Judge regarding the institution or the defence of suits, and all suits may be instituted or defended in the name of the curator on behalf of the estate: Provided that an express authority shall be requisite in the order of the curator’s appointment for the collection of debts or rents; but such express authority shall enable the curator to give a full acquittance for any sums of money received by virtue thereof. Allowances to apparent owners pending custody by curator.—Pending the custody of the property by the curator, the District Judge may make such allowances to parties having a prima facie right thereto as upon a summary investigation of the right and circumstances of the parties interested he considers necessary, and may, at his discretion, take security for the repayment thereof with interest, in the event of the party being found, upon the adjudication of the summary proceeding, not to be entitled thereto. Accounts to be filed by curator.—The curator shall file monthly accounts in abstract, and shall, on the expiry of each period of three months, if his administration lasts so long, and, upon giving up the possession of the property, file a detailed account of his administration to the satisfaction of the District Judge. Inspection of accounts and right of interested party to keep duplicate.—(1) The accounts of the curator shall be open to the inspection of all parties interested; and it shall be competent for any such interested party to appoint a separate person to keep a duplicate account of all receipts and payments by the curator. (2) If it is found that the accounts of the curator are in arrear, or that they are erroneous or incomplete, or if the curator does not produce them whenever he is ordered to do so by the District Judge, he shall be punishable with fine not exceeding one thousand rupees for every such default. Bar to appointment of second curator for same property.—If the Judge of any district has appointed a curator, in respect to the whole of the property of a deceased person, such appointment shall preclude the Judge of any other district within the same State from appointing any other curator, but the appointment of a curator in respect of a portion of the property of the deceased shall not preclude the appointment within the same State of another curator in respect of the residue or any portion thereof: Provided that no Judge shall appoint curator or entertain a summary proceeding in respect of property which is the subject of a summary proceeding previously instituted under this Part before another Judge: Provided, further, that if two or more curators are appointed by different Judges for several parts of an estate, the High Court may make such order as it thinks fit for the appointment of one curator of the whole property.

206. Bar to enforcement of Part against public settlement or legal directions by deceased.—

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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

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

Bar to enforcement of Part against public settlement or legal directions by deceased.— Nothing in this Part shall be deemed to authorise the contravention of any public act of settlement or of any legal directions given by a deceased proprietor of any property for the possession of his property after his decease in the event of minority or otherwise, and, in every such case, as soon as the Judge having jurisdiction over the property of a deceased person is satisfied of the existence of such directions, he shall give effect thereto. Court of Wards to be made curator in case of minors having property subject to its jurisdiction.—Nothing in this Part shall be deemed to authorise any disturbance of the possession of a Court of Wards of any property; and in case a minor, or other disqualified person whose property is subject to the Court of Wards, is the party on whose behalf application is made under this Part, the District Judge, if he determines to summon the party in possession and to appoint a curator, shall invest the Court of Wards with the curatorship of the estate pending the proceeding without taking security as aforesaid; and if the minor or other disqualified person, upon the adjudication of the summary proceeding, appears to be entitled to the property, possession shall be delivered to the Court of Wards. Saving of right to bring suit.—Nothing contained in this Part shall be any impediment to the bringing of a suit either by the party whose application may have been rejected before or after the summoning of the party in possession, or by the party who may have been evicted from the possession under this Part. Effect of decision of summary proceeding.—The decision of a District Judge in a summary proceeding under this Part shall have no other effect than that of settling the actual possession; but for this purpose it shall be final, and shall not be subject to any appeal or review. Appointment of public curators.—The State Government may appoint public curators for any district or number of districts; and the District Judge having jurisdiction shall nominate such public curators in all cases where the choice of a curator is left discretionary with him under this Part. PART VIII REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION 211.

Karela.—

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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

STATE AMENDMENTS Karela.— Amendment of section 213.—In sub-section (2) of section 213 of the Indian Succession Act, 1925 (Central Act 39 of 1925), after the word ‘Muhammadans’, the words ‘or Indian Christians’ shall be inserted. [Vide Kerala Act 1 of 1997, sec. Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.—(1) No Court shall— (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to be entitled to the effects of the deceased person or to any part thereof, or (b) proceed, upon an application of a person claiming to be so entitled, to execute against such a debtor a decree or order for the payment of his debt, except on the production, by the person so claiming of— (i) a probate or letters of administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under section 31 or section 32 of the Administrator General’s Act, 1913 (3 of 1913), and having the debt mentioned therein, or (iii) a succession certificate granted under Part X and having the debt specified therein, or 4 (iv) a certificate granted under the Succession Certificate Act, 1889 (7 of 1889), or (v) a certificate granted under Bombay Regulation No. VIII of 1827, and, if granted after the first day of May, 1889, having the debt specified therein. (2) The word “debt” in sub-section (1) includes any debt except rent, revenue or profits payable in respect of land used for agricultural purposes. Effection certificate of subsequent probate or letters of administration.—(1) A grant of probate or letters of administration in respect of an estate shall be deemed to supersede any certificate 1 previously granted under Part X or under the Succession Certificate Act, 1889 (7 of 1889) or Bombay Regulation No. VIII of 1827, in respect of any debts or securities included in the estate. (2) When at the time of the grant of the probate or letters any suit or other proceeding instituted by the holder of any such certificate regarding any such debt or security is pending, the person to whom the grant is made shall, on applying to the Court in which the suit or proceeding is pending, be entitled to take the place of the holder of the certificate in the suit or proceeding: Provided that, when any certificate is superseded under this section, all payments made to the holder of such certificate in ignorance of such supersession shall be held good against claims under the probate or letters of administration. Grantee of probate or administration alone to sue, etc., until same revoked.—After any grant of probate or letters of administration, no other than the person to whom the same may have been granted shall have power to sue or prosecute any suit, or otherwise act as representative of the deceased, throughout the State in which the same may have been granted, until such probate or letters of administration has or have been recalled or revoked.

PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED

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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

PART IX PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED 217. Application of Part.—Save as otherwise provided by this Act or by any other law for the time being in force, all grants of probate and letters of administration with the will annexed and the administration of the assets of the deceased in cases of intestate succession shall be made or carried out, as the case may be, in accordance with the provisions of this Part. CHAPTER I.—Of Grant of Probate and Letters of Administration 218. To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person.—(1) If the deceased has died intestate and was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate applicable in the case of such deceased, would be entitled to the whole or any part of such deceased’ s estate. (2) When several such persons apply for such administration, it shall be in the discretion of the Court to grant it to any one or more of them. (3) When no such person applies, it may be granted to a creditor of the deceased. Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.—If the deceased has died intestate and was not a person belonging to any of the classes referred to in section 218, those who are connected with him, either by marriage or by consanguinity, are entitled to obtain letters of administration of his estate and effects in the order and according to the rules hereinafter stated, namely:— (a) If the deceased has left a widow, administration shall be granted to the widow, unless the Court sees cause to exclude her, either on the ground of some personal disqualification, or because she has no interest in the estate of the deceased. This is not good cause for her exclusion. (b) If the Judge thinks proper, he may associate any person or persons with the widow in the administration who would be entitled solely to the administration if there were no widow. (c) If there is no widow, or if the Court sees cause to exclude the widow, it shall commit the administration to the person or persons who would be beneficially entitled to the estate according to the rules for the distribution of an intestate’s estate: Provided that, when the mother of the deceased is one of the class of persons so entitled, she shall be solely entitled to administration. (d) Those who stand in equal degree of kindred to the deceased are equally entitled to administration. (e) The husband surviving his wife has the same right of administration of her estate as the widow has in respect of the estate of her husband. (f) When there is no person connected with the deceased by marriage or consanguinity who is entitled to letters of administration and willing to act, they may be granted to a creditor.

(g) Where the deceased has left property in [India], letters of administration shall be granted

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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

1 (g) Where the deceased has left property in [India], letters of administration shall be granted according to the foregoing rules, notwithstanding that he had his domicile in a country in which the law 1 relating to testate and intestate succession differs from the law of [India]. Effect of letters of administration.—Letters of administration entitle the administrator to all rights belonging to the intestate as effectually as if the administration had been granted at the moment after his death. Acts not validated by administration.—Letters of administration do not render valid any intermediate acts of the administrator tending to the diminution or damage of the intestate’s estate. Probate only to appointed executor.—(1) Probate shall be granted only to an executor appointed by the will. (2) The appointment may be expressed or by necessary implication. Persons to whom probate cannot be granted.—Probate cannot be granted to any person who 2 is a minor or is of unsound mind [nor to any association of individuals unless it is a company which 3 satisfies the conditions prescribed by rules to be made [,by notification in the Official Gazette] by the 4 [State Government] in this behalf]. Administration, with copy annexed, of authenticated copy of will proved abroad.—When a will has been proved and deposited in a Court of competent jurisdiction situated beyond the limits of the 5 State, whether within or beyond the limits of [India], and a properly authenticated copy of the will is produced, letters of administration may be granted with a copy of such copy annexed.

229. Grant of administration where executor has not renounced.—When a person appointed an

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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

Grant of administration where executor has not renounced.—When a person appointed an executor has not renounced the executorship, letters of administration shall not be granted to any other person until a citation has been issued, calling upon the executor to accept or renounce his executorship: Provided that, when one or more of several executors have proved a will, the Court may, on the death of the survivor of those who have proved, grant letters of administration without citing those who have not proved. Form and effect of renunciation of executorship.—The renunciation may be made orally in the presence of the Judge, or by a writing signed by the person renouncing, and when made shall preclude him from ever thereafter applying for probate of the will appointing him executor. Procedure where executor renounces or fails to accept within time limited.—If an executor renounces or fails to accept an executorship within the time limited for the acceptance or refusal thereof, the will may be proved and letters of administration, with a copy of the will annexed, may be granted to the person who would be entitled to administration in case of intestacy. Grant of administration to universal or residuary legatees.—When— (a) the deceased has made a will, but has not appointed an executor, or (b) the deceased has appointed an executor who is legally incapable or refuses to act, or who has died before the testator or before he has proved the will, or (c) the executor dies after having proved the will, but before he has administered all the estate of the deceased, an universal or a residuary legatee may be admitted to prove the will, and letters of administration with the will annexed may be granted to him of the whole estate, or of so much thereof as may be unadministered. Right to administration of representative of deceased residuary legatee.—When a residuary legatee who has a beneficial interest survives the testator, but dies before the estate has been fully administered, his representative has the same right to administration with the will annexed as such residuary legatee. Grant of administration where no executor, nor residuary legatee nor representative of such legatee.—When there is no executor and no residuary legatee or representative of a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons who would be entitled to the administration of the estate of the deceased if he had died intestate, or any other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and letters of administration may be granted to him or them accordingly.

[236A. Laying of rules before State Legislature.—Every rule made by the State Government under

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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

Laying of rules before State Legislature.—Every rule made by the State Government under section 223 and section 236 shall be laid, as soon as it is made, before the State Legislature.] CHAPTER II—Of Limited Grants Grants limited in duration 237. Probate of contents or lost of destroyed will.—When a will has been lost or destroyed and no copy has been made nor the draft preserved, probate may be granted of its contents if they can be established by evidence. Probate of copy where original exists.—When the will is in the possession of a person residing out of the State in which application for probate is made, who has refused or neglected to deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of the estate that probate should be granted without waiting for the arrival of the original, probate may be granted of the copy so transmitted, limited until the will or an authenticated copy of it is produced. Administration, with will annexed, to attorney of absent executor.—When any executor is absent from the State in which application is made, and there is no executor within the State willing to act, letters of administration, with the will annexed, may be granted to the attorney or agent of the absent executor, for the use and benefit of his principal, limited until he shall obtain probate or letters of administration granted to himself. Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer.—When any person to whom, if present, letters of administration, with the will annexed, might be granted, is absent from the State, letters of administration, with the will annexed may be granted to his attorney or agent, limited as mentioned in section 241. Administration to attorney of absent person entitled to administer in case of intestacy.— When a person entitled to administration in case of intestacy is absent from the State, and no person equally entitled is willing to act, letters of administration may be granted to the attorney or agent of the absent person, limited as mentioned in section 241.

246. Administration for use and benefit of lunatic or minor.—If a sole executor or a sole universal

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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

Administration for use and benefit of lunatic or minor.—If a sole executor or a sole universal or residuary legatee, or a person who would be solely entitled to the estate of the intestate according to the rule for the distribution of intestates' estates applicable in the case of the deceased, is a minor or lunatic, letters of administration with or without the will annexed, as the case may be, shall be granted to the person to whom the care ii)f his estate has been committed by competent authority, or, if there is no such person, to such other peron as the Court may think fit to appoint, for the use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the case may be. Probate limited to purpose specified in will.—If an executor appointed for any limited purpose specified in the will, the probate shall be limited to that purpose, and if he should appoint an attorney or agent to take administration on his behalf, the letters of administration, with the will annexed, shall be limited accordingly. Administration, with will annexed, limited to particular purpose.—If an executor appointed generally gives an authority to an attorney or agent to prove a will on his behalf, and the authority is limited to a particular purpose, the letters of administration, with the will annexed, shall be limited accordingly. Administration limited to property in which person has beneficial interest.—Where a person dies, leaving property of which he was the sole or surviving trustee, or in which he had no beneficial interest on his own account, and leaves no general representative, or one who is unable or unwilling to act as such, letters of administration, limited to such property, may be granted to the beneficiary, or to some other person on his behalf. Administration limited to suit.—When it is necessary that the representative of a person deceased be made a party to a pending suit, and the executor, or person entitled to administration is unable or unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited for the purpose of representing the deceased in the said suit, or in any other cause or suit which may be commenced in the same or in any other Court between the parties, or any other parties, touching the matters at issue in the said cause or suit, and until a final decree shall be made therein and carried into complete execution. Administration limited to purpose of becoming party to suit to be brought against administrator.—If, at the expiration of twelve months from the date of any probate or letters of administration, the executor or administrator to whom the same has been granted is absent from the State within which the Court which has granted the probate or letters of administration exercises jurisdiction, the Court may grant, to any person whom it may think fit, letters of administration limited to the purpose of becoming and being made a party to a suit to be brought against the executor or administrator, and carrying the decree which may be made therein into effect.

would be entitled to a grant of administration, the Court may, in its discretion, having regard to

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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 261 — What errors may be rectified by Court

Section 262 — Procedure where codicil discovered after grant of administration with will annexed

would be entitled to a grant of administration, the Court may, in its discretion, having regard to consanguinity, amount of interest, the safety of the estate and probability that it will be properly administered, appoint such person as it thinks fit to be administrator. (2) In every such case letters of administration may be limited or not as the Court thinks fit. Probate or administration of rest.—Whenever a grant with exception of probate, or of letters of administration with or without the will annexed, has been made, the person entitled to probate or administration of the remainder of the deceased’s estate may take a grant of probate or letters of administration, as the case may be, of the rest of the deceased’s estate. Rules as to grants of effects unadministered.—In granting letters of administration of an estate not fully administered, the Court shall be guided by the same rules as apply to original grants, and shall grant letters of administration to those persons only to whom original grants might have been made. Administration when limited grant expired and still some part of estate unadministered.— When a limited grant has expired, by efflux of time, or the happening of the event or contingency on which it was limited, and there is still some part of the deceased’s estate unadministered, letters of administration shall be granted to those persons to whom original grants might have been made. What errors may be rectified by Court.—Errors in names and descriptions, or in setting forth the time and place of the deceased’s death or the purpose in a limited grant, may be rectified by the Court and the grant of probate or letters of administration may be altered and amended accordingly. Procedure where codicil discovered after grant of administration with will annexed.—If, after the grant of letters of administration with the will annexed, a codicil is discovered, it may be added to the grant on due proof and identification, and the grant may be altered and amended accordingly.

(e) the person to whom the grant was made has wilfully and without reasonable cause omitted to

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Section 264 — Jurisdiction of District Judge in granting and revoking probates, etc

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

(e) the person to whom the grant was made has wilfully and without reasonable cause omitted to exhibit an inventory or account in accordance with the provisions of Chapter VII of this Part, or has exhibited under that Chapter an inventory or account which is untrue in a material respect. Illustrations (i) The Court by which the grant was made had no jurisdiction. (ii) The grant was made without citing parties who ought to have been cited. (iii) The will of which probate was obtained was forged or revoked. (iv) A obtained letters of administration to the estate of B, as his widow, but it has since transpired that she was never married to him. (v) A has taken administration to the estate of B as if he had died intestate, but a will has since been discovered. (vi) Since probate was granted, a later will has been discovered. (vii) Since probate was granted, a codicil has been discovered which revokes or adds to the appointment of executors under the will. (viii) The person to whom probate was, or letters of administration were, granted has subsequently become of unsound mind. Jurisdiction of District Judge in granting and revoking probates, etc.—(1) The District Judge shall have jurisdiction in granting and revoking probates and letters of administration in all cases within his district. (2) Except in cases to which section 57 applies, no Court in any local area beyond the limits of the 1 towns of Calcutta, Madras and Bombay, *** shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do. Power to appoint delegate of District Judge to deal with non-contentious cases.—(1) The High Court may appoint such judicial officers within any district as it thinks fit to act for the District Judge as delegates to grant probate and letters of administration in non-contentious cases, within such local limits as it may prescribe: Provided that, in the case of High Courts not established by Royal Charter, such appointments shall not be without the previous sanction of the State Government. (2) Persons so appointed shall be called “District Delegates”. STATE AMENDMENT Karnataka Amendment of Central Act 39 of 1925.—In the Indian Succession Act, 1925 (Central Act 39 of 1925) as in force in the State of Karnataka, section 265 shall be omitted. [Vide Karnataka Act 28 of 1978, s. District Judge’s powers as to grant of probate and administration.—The District Judge shall have the like powers and authority in relation to the granting of probate and letters of administration and all matters connected therewith, as are by law vested in him in relation to any civil suit or proceeding pending in his Court.

(3) Such person shall be bound to answer truly such question as may be put to him by the Court, and,

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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

Section 272 — Probate and letters of administration may be granted by Delegate

Section 273 — Conclusiveness of probate or letters of administration

(3) Such person shall be bound to answer truly such question as may be put to him by the Court, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like punishment under the Indian Penal Code (45 of 1860), in case of default in not attending or in not answering such question or not bringing in such paper or writing, as he would have been subject to in case he had been a party to a suit and had made such default. (4) The costs of the proceeding shall be in the discretion of the Judge. Proceedings of District Judge’s Court in relation to probate and administration.—The proceeding of the Court of the District Judge in relation to the granting of probate and letters of administration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances of the case permit, by the Code of Civil Procedure, 1908 (5 of 1908). When and how District Judge to interfere for protection of property.—(1) Until probate is granted of the will of a deceased person, or an administrator of his estate is constituted, the District Judge, within whose jurisdiction any part of the property of the deceased person is situate, is authorised and required to interfere for the protection of such property at the instance of any person claiming to be interested therein, and in all other cases where the Judge considers that the property incurs any risk of loss or damage; and for that purpose, if he thinks fit, to appoint an officer to take and keep possession of the property. (2) This section shall not apply when the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, nor shall it apply to any part of the property of an Indian Christian who has died intestate. When probate or administration may be granted by District Judge.—Probate of the will or letters of administration to the estate of a deceased person may be granted by a District Judge under the seal of his Court, if it appears by a petition, verified as hereinafter provided, of the person applying for the same that the testator or intestate, as the case may be, at the time of his decease had a fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the Ridge. Probate and letters of administration may be granted by Delegate.—Probate and letters of administration may, upon application for that purpose to any District Delegate, be granted by him in any case in which there is no contention, if it appears by petition, verified as hereinafter provided, that the testator or intestate, as the case may be, at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. Conclusiveness of probate or letters of administration.—Probate or letters of administration shall have effect over all the property and estate, moveable or immoveable, of the deceased, throughout the State in which the same is or are granted, and shall be conclusive as to the representative title against all debtors of the deceased, and all persons holding property which belongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons delivering up such property to the person to whom such probate or letters of administration have been granted: Provided that probates and letters of administration granted— (a) by a High Court, or (b) by a District Judge, where the deceased at the time of his death had a fixed place of abode situate within the jurisdiction of such Judge, and such Judge certifies that the value of the property and estate affected beyond the limits of the State does not exceed ten thousand rupees, shall, unless 1 2 otherwise directed by the grant, have like effect throughout [the other States ***].

[The proviso to this section shall apply in [India] after the separation of Burma and Aden from

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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

1 2 3 [The proviso to this section shall apply in [India] after the separation of Burma and Aden from India to probates and letters of administration granted in Burma and Aden before the date of the separation, or after that date in proceedings which were pending at that date.] 4 2 5 6 [The proviso shall also apply in [India] *** after the separation of Pakistan from India to probates and letters of administration granted before the date of the separation, or after that date in proceedings pending at that date, in any of the territories which on that date constituted Pakistan.] 274. Transmission to High Courts of certificate of grants under proviso to section 273.—(1) Where probate or letters of administration has or have been granted by a High Court or District Judge with the effect referred to in the proviso to section 273, the High Court or District Judge shall send a certificate thereof to the following Courts, namely:— (a) when the grant has been made by a High Court, to each of the other High Courts; (b) when the grant has been made by a District Judge, to the High Court to which such District Judge is subordinate and to each of the other High Courts. (2) Every certificate referred to in sub-section (1) shall be made as nearly as circumstances admit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court receiving the same. (3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided in sections 276 and 278, to be situate within the jurisdiction of a District Judge in another State, the Court required to send the certificate referred to in sub-section (1) shall send a copy thereof to such District Judge, and such copy shall be filed by the District Judge receiving the same. Conclusiveness of application for probate or administration if properly made and verified.—The application for probate or letters of administration, if made and verified in the manner hereinafter provided, shall be conclusive for the purpose of authorising the grant of probate or administration; and no such grant shall be impeached by reason only that the testator or intestate had no fixed place of abode or no property within the district at the time of his death, unless by a proceeding to revoke the grant if obtained by a fraud upon the Court. Petition for probate.—(1) Application for probate or for letters of administration, with the will annexed, shall be made by a petition distinctly written in English or in the language in ordinary use in proceedings before the Court in which the application is made, with the will or, in the cases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, annexed, and stating— (a) the time of the testator’s death, (b) that the writing annexed is his last will and testament, (c) that it was duly executed, (d) the amount of assets which are likely to come to the petitioner’s hands, and (e) when the application is for probate, that the petitioner is the executor named in the will. (2) In addition to these particulars, the petition shall further state,— (a) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and 1. The words “of India” omitted by Act 42 of 1953, s.

(b) when the application is to a District Delegate, that the deceased at the time of his death had a

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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

(b) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (3) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator.—In cases wherein the will, copy or draft, is written in any language other than English or than that in ordinary use in proceedings before the Court, there shall be a translation thereof annexed to the petition by a translator of the Court, if the language be one for which a translator is appointed; or, if the will, copy or draft, is in any other language, then by any person competent to translate the same, in which case such translation shall be verified by that person in the following manner, namely:— “I (A.B.) do declare that I read and perfectly understand the language and character of the original, and that the above is a true and accurate translation thereof.” 278. Petition for letters of administration.—(1) Application for letters of administration shall be made by petition distinctly written as aforesaid and stating— (a) the time and place of the deceased’s death; (b) the family or other relatives of the deceased, and their respective residences; (c) the right in which the petitioner claims; (d) the amount of assets which are likely to come to the petitioner’s hands; (e) when the application is to the District Judge, that the deceased at the time of his death had a fixed place of abode, or had some property, situate within the jurisdiction of the Judge; and (f) when the application is to a District Delegate, that the deceased at the time of his death had a fixed place of abode within the jurisdiction of such Delegate. (2) Where the application is to the District Judge and any portion of the assets likely to come to the petitioner’s hands is situate in another State, the petition shall further state the amount of such assets in each State and the District Judges within whose jurisdiction such assets are situate. Addition to statement in petition, etc., for probate or letters of administration in certain cases.—(1) Every person applying to any of the Courts mentioned in the proviso to section 273 for 1 probate of a will or letters of administration of an estate intended to have effect throughout [India], shall state in his petition, in addition to the matters respectively required by section 276 and section 278, that to the best of his belief no application has been made to any other Court for a probate of the same will or for letters of administration of the same estate, intended to have such effect as last aforesaid, or, where any such application has been made, the Court to which it was made, the person or persons by whom it was made and the proceedings (if any) had thereon. (2) The Court to which any such application is made under the proviso to section 273 may, if it thinks fit, reject the same. Petition for probate, etc., to be signed and verified.—The petition for probate or letters of administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be verified by the petitioner in the following manner, namely:— “I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the best of my information and belief.” 1.

281. Verification of petition for probate, by one witness to will.—Where the application is for

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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

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

Verification of petition for probate, by one witness to will.—Where the application is for probate, the petition shall also be verified by at least one of the witnesses to the will (when procurable) in the manner or to the effect following, namely:— “I (C.D.), one of the witnesses to the last will and testament of the testator mentioned in the above petition, declare that I was present and saw the said testator affix his signature (or mark) thereto (or that the said testator acknowledged the writing annexed to the above petition to be his last will and testament in my presence).” 282. Punishment for false averment in petition or declaration.—If any petition or declaration which is hereby required to be verified contains any averment which the person making the verification knows or believes to be false, such person shall be deemed to have committed an offence under section 193 of the Indian Penal Code (45 of 1860). Powers of District Judge.—(1) In all cases the District Judge or District Delegate may, if he thinks proper,— (a) examine the petitioner in person, upon oath; (b) require further evidence of the due execution of the will or the right of the petitioner to the letters of administration, as the case may be; (c) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings before the grant of probate or letters of administration. (2) The citation shall be fixed up in some conspicuous part of the court house, and also in the office of the Collector of the district and otherwise published or made known in such manner as the Judge or District Delegate issuing the same may direct. (3) Where any portion of the assets has been stated by the petitioner to be situate within the jurisdiction of a District Judge in another State, the District Judge issuing the same shall cause a copy of the citation to be sent to such other District Judge, who shall publish the same in the same manner as if it were a citation issued by himself, and shall certify such publication to the District Judge who issued the citation. Caveats against grant of probate or administration.—(1) Caveats against the grant of probate or administration may be lodged with the District Judge or a District Delegate. (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy thereof to the District Judge. (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be given to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed place of abode at the time of his death, and to any other Judge or District Delegate to whom it may appear to the District Judge expedient to transmit the same. After entry of caveat, no proceeding taken on petition until after notice to caveator.—No proceeding shall be taken on a petition for probate or letters of administration after a caveat against the grant thereof has been entered with the Judge or District Delegate to whom the application has been made or notice has been given of its entry with some other Delegate, until after such notice to the person by whom the same has been entered as the Court may think reasonable. District Delegate when not to grant probate or administration.—A District Delegate shall not grant probate or letters of administration in any case in which there is contention as to the grant, or in which it otherwise appears to him that probate or letters of administration ought not to be granted in his Court.

287. Power to transmit statement to District Judge in doubtful cases where no contention.—In

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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

Power to transmit statement to District Judge in doubtful cases where no contention.—In every case in which there is no contention, but it appears to the District Delegate doubtful whether the probate or letters of administration should or should not be granted, or when any question arises in relation to the grant, or application for the grant, of any probate or letters of administration, the District Delegate may, if he thinks proper, transmit a statement of the matter in question to the District Judge, who may direct the District Delegate to proceed in the matter of the application, according to such instructions as to the Judge may seem necessary, or may forbid any further proceeding by the District Delegate in relation to the matter of such application, leaving the party applying for the grant in question to make application to the Judge. Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court.—In every case in which there is contention, or the District Delegate is of opinion that the probate or letters of administration should be refused in his Court, the petition, with any documents which may have been filed therewith, shall be returned to the person by whom the application was made, in order that the same may be presented to the District Judge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the same, which he is hereby authorised to do; and, in that case, the same shall be sent by him to the District Judge. Grant of probate to be under seal of Court.—When it appears to the District Judge or District Delegate that probate of a will should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VI. Grant of letters of administration to be under seal of Court.—When it appears to the District Judge or District Delegate that letters of administration to the estate of a person deceased, with or without a copy of the will annexed, should be granted, he shall grant the same under the seal of his Court in the form set forth in Schedule VII. Administration-bond.—(1) Every person to whom any grant of letters of administration, other than a grant under section 241, is committed, shall give a bond to the District Judge with one or more surety or sureties, engaging for the due collection, getting in, and administering the estate of the deceased, which bond shall be in such form as the Judge may, by general or special order, direct. (2) When the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person— (a) the exception made by sub-section (1) in respect of a grant under section 241 shall not operate. (b) the District Judge may demand a like bond from any person to whom probate is granted. Filing of original wills of which probate or administration with will annexed granted.—(1) Every District Judge, or District Delegate, shall file and preserve all original wills, of which probate or letters of administration with the will annexed may be granted by him, among the records of his Court, until some public registry for wills is established.

(2) The State Government shall make regulations for the preservation and inspection of the wills so

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Section 295 — Procedure in contentious cases

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

Section 300 — Concurrent jurisdiction of High Court

Section 301 — Removal of executor or administrator and provision for successor

(2) The State Government shall make regulations for the preservation and inspection of the wills so filed. Procedure in contentious cases.—In any case before the District Judge in which there is contention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to the provisions of the Code of Civil Procedure, 1908 (5 of 1908) in which the petitioner for probate or letters of administration, as the case may be, shall be the plaintiff, and the person who has appeared to oppose the grant shall be the defendant. Surrender of revoked probate or letters of administration.—(1) When a grant of probate or letters of administration is revoked or annulled under this Act, the person to whom the grant was made shall forthwith deliver up the probate or letters to the Court which made the grant. (2) If such person willfully and without reasonable cause omits so to deliver up the probate or letters, 1 he shall be punishable with fine which may extend to [ten thousand rupees]. Payment to executor or administrator before probate or administration revoked.—When a grant of probate or letters of administration is revoked, all payments bona fide made to any executor or administrator under such grant before the revocation thereof shall, notwithstanding such revocation, be a legal discharge to the person making the same; and the executor or administrator who has acted under any such revoked grant may retain and reimburse himself in respect of any payments made by him which the person to whom probate or letters of administration may afterwards be granted might have lawfully made. Power to refuse letters of administration.—Notwithstanding anything hereinbefore contained, it shall, where the deceased’ was a Muhammadan, Buddhist or exempted person, or a Hindu, Sikh or Jaina to whom section 57 does not apply, be in the discretion of the Court to make an order refusing, for reasons to be recorded by it in writing, to grant any application for letters of administration made under this Act. Concurrent jurisdiction of High Court.—(1) The High Court shall have concurrent jurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the District Judge. (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of Calcutta, Madras and 2 Bombay *** shall, where the deceased is a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters of administration until the State Government has, by a notification in the Official Gazette, authorised it so to do.

CHAPTER V.—Of Executors of their own Wrong

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Section 303 — 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

Section 307 — Power of executor or administrator to dispose of property

CHAPTER V.—Of Executors of their own Wrong 303. Executor of his own wrong.—A person who intermeddles with the estate of the deceased, or does any other act which belongs to the office of executor, while there is no rightful executor or administrator in existence, thereby makes himself an executor of his own wrong. Exceptions.—(1) Intermeddling with the goods of the deceased for the purpose of preserving them or providing for his funeral or for the immediate necessities of his family or property, does not make an executor of his own wrong. (2) Dealing in the ordinary course of business with goods of the deceased received from another does not make an executor of his own wrong. He is an executor of his own wrong. (ii) A, having been appointed agent by the deceased in his lifetime to collect his debts and sell his goods, continues to do so after he has become aware of his death. He is an executor of his own wrong in respect of acts done after he has become aware of the death of the deceased. (iii) A sues as executor of the deceased, not being such. He is an executor of his own wrong.

(2) If the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, the

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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

(2) If the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, the general power conferred by sub-section (1) shall be subject to the following restrictions and conditions, namely:— (i) The power of an executor to dispose of immovable property so vested in him is subject to any restriction which may be imposed in this behalf by the Will appointing him, unless probate has been granted to him and the Court which granted the probate permits him by an order in writing, notwithstanding the restriction, to dispose of any immovable property specified in the order in a manner permitted by the order. (ii) An administrator may not, without the previous permission of the Court by which the letters of administration were granted,— (a) mortgage, charge or transfer by sale, gift, exchange or otherwise any immovable property for the time being vested in him under section 211, or (b) lease any such property for a term exceeding five years. (iii) A disposal of property by an executor or administrator in contravention of clause (i) or clause (ii), as the case may be, is voidable at the instance of any other person interested in the property. (3) Before any probate or letters of administration is or are granted in such a case, there shall be endorsed thereon or annexed thereto a copy of sub-section (1) and clauses (i) and (iii) of sub-section (2) or of sub-section (1) and clauses (ii) and (iii) of sub-section (2), as the case may be. (4) A probate or letters of administration shall not be rendered invalid by reason of the endorsement or annexure required by sub-section (3) not having been made thereon or attached thereto, nor shall the absence of such an endorsement or annexure authorise an executor or administrator to act otherwise than in accordance with the provisions of this section. General powers of administration.—An executor or administrator may, in addition to, and not in derogation of any other powers of expenditure lawfully exercisable by him, incur expenditure— (a) on such acts as may be necessary for the proper care or management of any property belonging to any estate administered by him, and (b) with the sanction of the High Court, on such religious, charitable and other objects, and on such improvements, as may be reasonable and proper in the case of such property. Commission or agency charges.—An executor or administrator shall not be entitled to receive or retain any commission or agency charges at a higher rate than that for the time being fixed in respect of the Administrator-General by or under the Administrator-General’s Act, 1913 (3 of 1913). Purchase by executor or administrator of deceased’s property.—If any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold. Powers of several executors or administrators exercisable by one. —When there are several executors or administrators, the powers of all may, in the absence of any direction to the contrary, be exercised by any one of them who has proved the Will or taken out administration. Illustrations (i) One of several executors has power to release a debt due to the deceased. (ii) One has power to surrender a lease. (iii) One has power to sell the property of the deceased whether movable or immovable. (iv) One has power to assent to a legacy. (v) One has power to endorse a promissory note payable to the deceased. (vi) The will appoints A, B, C and D to be executors, and directs that two of them shall be a quorum.

312. Survival of powers on death of one of several executors or administrators.—Upon the death

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Section 312 — Survival of powers on death of one of several executors or administrators

Section 313 — Powers of administrator of effects unadministered

Section 314 — Powers of administrator during minority

Section 315 — Powers of married executrix or administratrix

Section 316 — As to deceased’s funeral

Section 317 — Inventory and account

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

Survival of powers on death of one of several executors or administrators.—Upon the death of one or more of several executors or administrators, in the absence of any direction to the contrary in the will or grant of letters of administration, all the powers of the office become vested in the survivors or survivor. Powers of administrator of effects unadministered.—The administrator of effects unadministered has, with respect to such effects, the same powers as the original executor or administrator. Powers of administrator during minority.—An administrator during minority has all the powers of an ordinary administrator. Powers of married executrix or administratrix.—When a grant of probate or letters of administration has been made to a married woman, she has all the powers of an ordinary executor or administrator. Inventory and account.—(1) An executor or administrator shall, within six months from the grant of probate or letters of administration, or within such further time as the Court which granted the probate or letters may appoint, exhibit in that Court an inventory containing a full and true estimate of all the property in possession, and all the credits, and also all the debts owing by any person to which the executor or administrator is entitled in that character; and shall in like manner, within one year from the grant or within such further time as the said Court may appoint, exhibit an account of the estate, showing the assets which have come to his hands and the manner in which they have been applied or disposed of. (2) The High Court may prescribe the form in which an inventory or account under this section is to be exhibited. (3) If an executor or administrator, on being required by the Court to exhibit an inventory or account under this section, intentionally omits to comply with the requisition, he shall be deemed to have committed an offence under section 176 of the Indian Penal Code (45 of 1860). (4) The exhibition of an intentionally false inventory or account under this section shall be deemed to be an offence under section 193 of that Code. Expenses to be paid before all debts.—Funeral expenses to a reasonable amount, according to the degree and quality of the deceased, and death-bed charges, including fees for medical attendance, and board and lodging for one month previous to his death, shall be paid before all debts.

321. Expenses to be paid next after such expenses.—The expenses of obtaining probate or letters of

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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 325 — Debts to be paid before legacies.—Debts of every description must be paid before any legacy. 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

Expenses to be paid next after such expenses.—The expenses of obtaining probate or letters of administration, including the costs incurred for or in respect of any judicial proceedings that may be necessary for administering the estate, shall be paid next after the funeral expenses and death-bed charges. Wages for certain services to be next paid, and then other debts.—Wages due for services rendered to the deceased within three months next preceding his death by any labourer, artizan or domestic servant shall next be paid, and then the other debts of the deceased according to their respective priorities (if any). Save as aforesaid, all debts to be paid equally and rateably.—Save as aforesaid, no creditor shall have a right of priority over another; but the executor or administrator shall pay all such debts as he knows of, including his own, equally and rateably as far as the assets of the deceased will extend. Application of moveable property to payment of debts where domicile not in India.—(1) If 1 the domicile of the deceased was not in [India], the application of his moveable property to the payment 1 of his debts is to be regulated by the law of [India]. (2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment into account for the benefit of the other creditors. (3) This section shall not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Abatement of general legacies.—If the assets, after payment of debts, necessary expenses and specific legacies, are not sufficient to pay all the general legacies in full, the latter shall abate or be diminished in equal proportions, and, in the absence of any direction to the contrary in the will, the executor has no right to pay one legatee in preference to another, or to retain any money on account of a legacy to himself or to any person for whom he is a trustee. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.—Where there is a demonstrative legacy, and the assets are sufficient for the payment of debts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of the fund from which the legacy is directed to be paid until such fund is exhausted and if, after the fund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder against the general assets as for a legacy of the amount of such unpaid remainder.

330. Rateable abatement of specific legacies.—If the assets are not sufficient to answer the debts

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Section 330 — Rateable abatement of specific legacies

Section 332 — Assent necessary to complete legatee’s title

Section 333 — Effect of executor’s assent to specific legacy

Section 334 — Conditional assent

Rateable abatement of specific legacies.—If the assets are not sufficient to answer the debts and the specific legacies, an abatement shall be made from the latter rateably in proportion to their respective amounts. It is found necessary to sell all the effects of the testator; and his assets, after payment of debts, are only 1,000 rupees. Legacies treated as general for purpose of abatement.—For the purpose of abatement, a legacy for life, a sum appropriated by the will to produce an annuity, and the value of an annuity when no sum has been appropriated to produce it, shall be treated as general legacies. Effect of executor’s assent to specific legacy.—(1) The assent of the executor or administrator to a specific bequest shall be sufficient to divest his interest as executor or administrator therein, and to transfer the subject of the bequest of the legatee, unless the nature or the circumstances of the property require that it shall be transferred in a particular way. (2) This assent may be verbal, and it may be either express or implied from the conduct of the executor or administrator. This is an implied assent to the bequest to B. (iv) Executors die after paying all the debts of the testator, but before satisfaction of specific legacies. Assent to the legacies may be presumed. (v) A person to whom a specific article has been bequeathed takes possession of it and retains it without any objection on the part of the executor.

335. Assent of executor to his own legacy.—(1) When the executor or administrator is a legatee, his

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Section 335 — Assent of executor to his own legacy

Section 336 — Effect of executor’s assent

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

Assent of executor to his own legacy.—(1) When the executor or administrator is a legatee, his assent to his own legacy is necessary to complete his title to it, in the same way as it is required when the bequest is to another person, and his assent may, in like manner, be expressed or implied. (2) Assent shall be implied if in his manner of administering the property he does any act which is referable to his character of legatee and is not referable to his character of executor or administrator. Effect of executor’s assent.—The assent of the executor or administrator to a legacy gives effect to it from the death of the testator. Illustrations (i) A legatee sells his legacy before it is assented to by the executor. The executor’s subsequent assent operates for the benefit of the purchaser and completes his title to the legacy. (ii) A bequeaths 1,000 rupees to B with interest from his death. The executor does not assent to his legacy until the expiration of a year from A's death. Executor when to deliver legacies.—An executor or administrator is not bound to pay or deliver any legacy until the expiration of one year from the testator’s death.

343. Procedure when no fund charged with, or appropriated to, annuity.—Where an annuity is

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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

Procedure when no fund charged with, or appropriated to, annuity.—Where an annuity is given and no fund is charged with its payment or appropriated by the will to answer it, a Government annuity of the specified amount shall be purchased, or, if no such annuity can be obtained, then a sum sufficient to produce the annuity shall be invested for that purpose in securities of the kind mentioned in section 341. Transfer to residuary legatee of contingent bequest.—Where a bequest is contingent, the executor or administrator is not bound to invest the amount of the legacy, but may transfer the whole residue of the estate to the residuary legatee, if any, on his giving sufficient security for the payment of the legacy, if it shall become due. Investment of residue bequeathed for life, without direction to invest in particular securities.—(1) Where the testator has bequeathed the residue of his estate to a person for life without any direction to invest it in any particular securities, so much thereof as is not at the time of the testator’s decease invested in securities of the kind mentioned in section 341 shall be converted into money and invested in such securities. (2) This section shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Investment of residue bequeathed for life, with direction to invest in specified securities.— When the testator has bequeathed the residue of his estate of a person for life with a direction that it shall be invested in certain specified securities, so much of the estate as is not at the time of his death invested in securities of the specified kind shall be converted into money and invested in such securities. Time and manner of conversion and investment.—Such conversion and investment as are contemplated by sections 345 and 346 shall be made at such times and in such manner as the executor or administrator thinks fit; and, until such conversion and investment are completed, the person who would be for the time being entitled to the income of the fund when so invested shall receive interest at the rate of 4 per cent. per annum upon the market-value (to be computed as at the date of the testator’s death) of such part of the fund as has not been so invested: Provided that the rate of interest prior to completion of investment shall be six per cent. per annum when the testator was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person. Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf.—(1) Where, by the terms of a bequest, the legatee is entitled to the immediate payment or possession of the money or thing bequeathed, but is a minor, and there is no direction in the will to pay it to any person on his behalf, the executor or administrator shall pay or deliver the same into the Court of the District Judge, by whom or by whose District Delegate the probate was, or letters of administration with the will annexed were, granted to the account of the legatee, unless the legatee is a ward of the Court of Wards. (2) If the legatee is a ward of the Court of Wards, the legacy shall be paid to the Court of Wards to his account. (3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case may be, shall be a sufficient discharge for the money so paid. (4) Money when paid in under this section shall be invested in the purchase of Government securities, which, with the interest thereon, shall be transferred or paid to the person entitled thereto, or otherwise applied for his benefit, as the Judge or the Court of Wards, as the case may be, may direct.

350. Residuary legatee’s title to produce of residuary fund.—The legatee under a general

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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 356 — Refund of legacy paid under Court’s orders

Between the death of A and delivery by his executor the sheep are shorn or some of the ewes produce lambs. Residuary legatee’s title to produce of residuary fund.—The legatee under a general residuary bequest is entitled to the produce of the residuary fund from the testator’s death. Exception.—A general residuary bequest contingent in its terms does not comprise the income which may accrue upon the fund bequeathed between the death of the testator and the vesting of the legacy. Interest when no time fixed for payment of general legacy.—Where no time has been fixed for the payment of a general legacy, interest begins to run from expiration of one year from the testator’s death. Exception.—(1) Where the legacy is bequeathed in satisfaction of a debt, interest runs from the death of the testator. (2) Where the testator was a parent or a more remote ancestor of the legatee, or has put himself in the place of a parent of the legatee, the legacy shall bear interest from the death of the testator. (3) Where a sum is bequeathed to a minor with a direction to pay for his maintenance out of it, interest is payable from the death of the testator. Interest when time fixed.—Where a time has been fixed for the payment of a general legacy, interest begins to run from the time so fixed.

357. No refund if paid voluntarily.—When an executor or administrator has voluntarily paid a

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Section 357 — No refund if paid voluntarily

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

No refund if paid voluntarily.—When an executor or administrator has voluntarily paid a legacy, he cannot call upon a legatee to refund in the event of the assets proving insufficient to pay all the legacies. Refund when legacy has become due on performance of condition within further time allowed under section 137.—When the time prescribed by the will for the performance of a condition has elapsed, without the condition having been performed, and the executor or administrator has thereupon, without fraud, distributed the assets; in such case, if further time has been allowed under section 137 for the performance of the condition, and the condition has been performed accordingly, the legacy cannot be claimed from the executor or administrator, but those to whom he has paid it are liable to refund the amount. When each legatee compellable to refund in proportion.—When the executor or administrator has paid away the assets in legacies, and he is afterwards obliged to discharge a debt of which he had no previous notice, he is entitled to call upon each legatee to refund in proportion. Creditor may call upon legatee to refund.—A creditor who has not received payment of his debt may call upon a legatee who has received payment of his legacy to refund, whether the assets of the testator’s estate were or were not sufficient at the time of his death to pay both debts and legacies; and whether the payment of the legacy by the executor or administrator was voluntary or not. When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund.—If the assets were sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his legacy, or who has been compelled to refund under section 361, cannot oblige one who has received payment in full to refund, whether the legacy were paid to him with or without suit, although the assets have subsequently become deficient by the wasting of the executor. When unsatisfied legatee must first proceed against executor, if solvent.—If the assets were not sufficient to satisfy all the legacies at the time of the testator’s death, a legatee who has not received payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed against the executor or administrator if he is solvent; but if the executor or administrator is insolvent or not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.

365. Refunding to be without interest.—The refunding shall in all cases be without interest.

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Section 365 — Refunding to be without interest.—The refunding shall in all cases be without interest. 366. Residue after usual payments to be paid to residuary legatee

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

Refunding to be without interest.—The refunding shall in all cases be without interest. Residue after usual payments to be paid to residuary legatee.—The surplus or residue of the deceased’s property, after payment of debts and legacies, shall be paid to the residuary legatee when any has been appointed by the will. Transfer of assets from India to executor or administrator in country of domicile for 1 1 distribution.—Where a person not having his domicile in [India] has died leaving assets both in [India] and in the country in which he had his domicile at the time of his death, and there has been a grant of 1 probate or letters of administration in [India] with respect to the assets there a grant of administration in the country of domicile with respect to the assets in that country, the executor or administrator, as the case 1 may be, in [India], after having given such notices as are mentioned in section 360, and after having discharged, at the expiration of the time therein named, such lawful claims as he knows of, may, instead 1 of himself distributing any surplus or residue of the deceased’s property to persons residing out of [India] who are entitled thereto, transfer, with the consent of the executor or administrator, as the case may be, in the country of domicile, the surplus or residue to him for distribution to those persons. CHAPTER XIII.—Of the Liability of an Executor or Administrator for Devastation 368. Liability of executor or administrator for devastation.—When an executor or administrator misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to make good the loss or damage so occasioned. Illustrations (i) The executor pays out of the estate an unfounded claim.

For the purposes of this Part, “security” means—

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Section 371 — Court having jurisdiction to grant certificate

Section 372 — Application for certificate

Section 373 — Procedure on application

For the purposes of this Part, “security” means— (a) any promissory note, debenture, stock or other security of the Central Government or of a State Government; 1 * * * * * (c) any stock or debenture of, or share in, a company or other incorporated institution; (d) any debenture or other security for money issued by, or on behalf of, a local authority; 2 (e) any other security which the [State Government] may, by notification in the Official Gazette, declare to be a security for the purposes of this Part. Court having jurisdiction to grant certificate.—The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time he had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part. Application for certificate.—(1) Application for such a certificate shall be made to the District Judge by a petition signed and verified by or on behalf of the applicant in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908) for the signing and verification of a plaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:— (a) the time of the death of the deceased; (b) the ordinary residence of the deceased at the time of his death and, if such residence was not within the local limits of the jurisdiction of the Judge to whom the application is made, then the property of the deceased within those limits; (c) the family or other near relatives of the deceased and their respective residences; (d) the right in which the petitioner claims; (e) the absence of any impediment under section 370 or under any other provision of this Act or any other enactment, to the grant of the certificate or to the validity thereof if it were granted; and (f) the debts and securities in respect of which the certificate is applied for. (2) If the petition contains any averment which the person verifying it knows or believes to be false, or does not believe to be true, that person shall be deemed to have committed an offence under section 198 of the Indian Penal Code, 1860 (45 of 1860). 3 [(3) Application for such a certificate may be made in respect of any debt or debts due to the deceased creditor or in respect of portions thereof.] 373. Procedure on application.—(1) If the District Judge is satisfied that there is ground for entertaining the application, he shall fix a day for the hearing thereof and cause notice of the application and of the day fixed for the hearing— (a) to be served on any person to whom, in the opinion of the Judge, special notice of the application should be given, and (b) to be posted on some conspicuous part of the court-house and published in such other manner, if any, as the Judge, subject to any rules made by the High Court in this behalf, thinks fit, and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in a summary manner the right to the certificate. Cl. (b) omitted by Act 37 of 2025, s.

(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order

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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

(2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make an order for the grant of the certificate to him. (3) If the Judge cannot decide the right to the certificate without determining questions of law or fact which seem to be too intricate and difficult for determination in a summary proceeding, he may nevertheless grant a certificate to the applicant if he appears to be the person having prima facie the best title thereto. (4) When there are more applicants than one for a certificate, and it appears to the Judge that more than one of such applicants are interested in the estate of the deceased, the Judge may, in deciding to whom the certificate is to be granted, have regard to the extent of interest and the fitness in other respects of the applicants. Contents of certificate.—When the District Judge grants a certificate, he shall therein specify the debts and securities set forth in the application for the certificate, and may thereby empower the person to whom the certificate is granted— (a) to receive interest or dividends on, or (b) to negotiate or transfer, or (c) both to receive interest or dividends on, and to negotiate or transfer, the securities or any of them. Requisition of security from grantee of certificate.—(1) The District Judge shall in any case in which he proposes to proceed under sub-section (3) or sub-section (4) of section 373, and may, in any other case, require, as a condition precedent to the granting of a certificate, that the person to whom he proposes to make the grant shall give to the Judge a bond with one or more surety or sureties, or other sufficient security, for rendering an account of debts and securities received by him and for indemnity of persons who may be entitled to the whole or any part of those debts and securities. (2) The Judge may, on application made by petitioner and on cause shown to his satisfaction, and upon such terms as to security, or providing that the money received be paid into Court, or otherwise, as he thinks fit, assign the bond or other security to some proper person, and that person shall thereupon be entitled to sue thereon in his own name as if it had been originally given to him instead of to the Judge of the Court, and to recover, as trustee for all persons interested, such amount as may be recoverable thereunder. Extension of certificate.—(1) A District Judge may, on the application of the holder of a certificate under this Part, extend the certificate to any debt or security not originally specified therein, and every such extension shall have the same effect as if the debt or security to which the certificate is extended had been originally specified therein. (2) Upon the extension of a certificate, powers with respect to the receiving of interest or dividends on, or the negotiation or transfer of, any security to which the certificate has been extended may be conferred, and a bond or further bond or other security for the purposes mentioned in section 375 may be required, in the same manner as upon the original grant of a certificate. Forms of certificate and extended certificate.—Certificates shall be granted and extensions of certificates shall be made, as nearly as circumstances admit, in the forms set forth in Schedule VIII. Amendment of certificate in respect of powers as to securities.—Where a District Judge has not conferred on the holder of a certificate any power with respect to a security specified in the certificate, or has only empowered him to receive interest or dividends on, or to negotiate or transfer, the security the Judge may, on application made by petitioner and on cause shown to his satisfaction, amend the certificate by conferring any of the powers mentioned in section 374 or by substituting any one for any other of those powers.

certain other cases.—Where a certificate in the form, as nearly as circumstances admit, of Schedule

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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

(2) If the application is allowed, the sum deposited by the applicant shall be expended, under the direction of the Judge, in the purchase of the stamp to be used for denoting the fee payable as aforesaid. (3) Any sum received under sub-section (1) and not expended under sub-section (2) shall be refunded to the person who deposited it. Local extent of certificate.—A certificate under this Part shall have effect 1 2 throughout [India] ***. Effect of certificate.—Subject to the provisions of this Part, the certificate of the District Judge shall, with respect to the debts and securities specified therein, be conclusive as against the persons owing such debts or liable on such securities, and shall, notwithstanding any contravention of section 370, or other defect, afford full indemnity to all such persons as regards all payments made, or dealings had, in good faith in respect of such debts or securities to or with the person to whom the certificate was granted. Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases.—Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII— (a) has been granted to a resident within a foreign State by an Indian representative accredited to that State, or (b) has been granted before the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), to a resident within any Part B State by a district judge of that State or has been extended by him in such form, or (c) has been granted after the commencement of the Part B States (Laws) Act, 1951 (3 of 1951), to a resident within the State of Jammu and Kashmir by the district judge of that State or has been extended by him in such form, the certificate shall, when stamped in accordance with the provisions of the Court-Fees Act, 1870 (7 of 1870), with respect to certificates under this Part, have the same effect in India as a certificate granted or extended under this Part.] 383. Revocation of certificate.—A certificate granted under this Part may be revoked for any of the following causes, namely:— (a) that the proceedings to obtain the certificate were defective in substance; (b) that the certificate was obtained fraudulently by the making of a false suggestion, or by the concealment from the Court of something material to the case; 1. 3 and the Schedule, for “the States”.

(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of

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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

Section 388 — Investiture of inferior courts with jurisdiction of District Court for purposes of this Act

(c) that the certificate was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently; (d) that the certificate has become useless and inoperative through circumstances; (e) that a decree or order made by a competent Court in a suit or other proceeding with respect to effects comprising debts or securities specified in the certificate renders it proper that the certificate should be revoked. Appeal.—(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court from an order of a District Judge granting, refusing or revoking a certificate under this Part, and the High Court may, if it thinks fit, by its order on the appeal, declare the person to whom the certificate should be granted and direct the District judge, on application being made therefore, to grant it accordingly, in super session of the certificate, if any, already granted. (2) An appeal under sub-section (1) must be preferred within the time allowed for an appeal under the Code of Civil Procedure, 1908 (5 of1908). (3) Subject to the provisions of sub-section (1) and to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section 141 of that Code, an order of a District Judge under this Part shall be final. Effect on certificate of previous certificate, probate or letters of administration.—Save as provided by this Act, a certificate granted thereunder in respect of any of the effects of a deceased person shall be invalid if there has been a previous grant of such a certificate or of probate or letters of administration in respect of the estate of the deceased person and if such previous grant is in force. Validation of certain payments made in good faith to holder of invalid certificate.— Where a certificate under this Part has been superseded or is invalid by reason of the certificate having been revoked under section 383, or by reason of the grant of a certificate to a person named in an appellate order under section 384, or by reason of a certificate having been previously granted, or for any other cause, all payments made or dealings had, as regards debts and securities specified in the superseded or invalid certificate, to or with the holder of that certificate in ignorance of its super session or invalidity, shall be held good against claims under any other certificate. Effect of decisions under this Act, and liability of holder of certificate thereunder.— No decision under this Part upon any question of right between any parties shall be held to bar the trial of the same question in any suit or in any other proceeding between the same parties, and nothing in this Part shall be construed to affect the liability of any person who may receive the whole or any part of any debt or security, or any interest or dividend on any security, to account therefore to the person lawfully entitled thereto. Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.— (1) The State Government may by notification in the Official Gazette, invest any court inferior in grade to a District Judge with power to exercise the functions of a District Judge under this Part. (2) Any inferior court so invested shall, within the local limits of its jurisdiction, have concurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part upon the District Judge, and the provisions of this Part relating to the District Judge shall apply to such an inferior court as if it were a District Judge: Provided that an appeal from any such order of an inferior court as is mentioned in sub-section (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the District Judge may, if he thinks fit, by his order on the appeal, make any such declaration and direction as that sub-section authorises the High Court to make by its order on an appeal from an order of a District Judge.

(3) An order of a District Judge on an appeal from an order of an inferior Court under the last

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Section 389 — Surrender of superseded and invalid certificates

Section 390 — Provisions with respect to certificates under Bombay Regulation VIII of 1827

(3) An order of a District Judge on an appeal from an order of an inferior Court under the last foregoing sub-section shall, subject to the provisions as to reference to and revision by the High Court and as to review of judgment of the Code of Civil Procedure, 1908 (5 of 1908), as applied by section 141 of that Code, be final. (4) The District Judge may withdraw any proceedings under this Part from an inferior court, and may either himself dispose of them or transfer them to another such court established within the local limits of the jurisdiction of the District Judge and having authority to dispose of the proceedings. (5) A notification under sub-section (1) may specify any inferior court specially or any class of such courts in any local area. (6) Any Civil Court which for any of the purposes of any enactment is subordinate to, or subject to the control of, a District Judge shall, for the purposes of this section, be deemed to be a court inferior in grade to a District Judge. STATE AMENDMENT Karnataka Amendment of Central Act 39 of 1925.—In the Indian Succession Act, 1925 (Central Act 39 of 1925) as in force in the State of Karnataka, section 388 shall be omitted. [Vide Karnataka Act 28 of 1978, s. Surrender of superseded and invalid certificates.—(1) When a certificate under this Part has been superseded or is invalid from any of the causes mentioned in section 386, the holder thereof shall, on the requisition of the Court which granted it, deliver it upto that court. (2) If he willfully and without reasonable cause omits so to deliver it up, he shall be punishable with 1 fine which may extend to [ten thousand rupees]. Provisions with respect to certificates under Bombay Regulation VIII of 1827.— Notwithstanding anything in Bombay Regulation No. VIII of 1827 the provisions of section 370, sub-section (2), section 372, sub-section (1), clause (f), and sections 374, 375, 376, 377, 378, 379, 381, 383, 384, 387, 388 and 389 with respect to certificates under this Part and applications therefore, and of section 317 with respect to the exhibition of inventories and accounts by executors and administrators, shall, so far as they can be made applicable, apply, respectively, to certificates granted under that Regulation and applications made for certificates thereunder, after the 1st day of May, 1889 and to the exhibition of inventories and accounts by the holders of such certificates so granted. PART XI MISCELLANEOUS 391 Saving.—Nothing in Part VIII, Part IX or Part X shall— (i) validate any testamentary disposition which would otherwise have been invalid; (ii) invalidate any such disposition which would otherwise have been valid; (iii) deprive any person of any right of maintenance to which he would otherwise have been entitled; or (iv) affect the Administrator General’s Act, 1913(3 of 1913).

SCHEDULE I

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SCHEDULE I (See section 28) TABLE OF CONSANGUINITY Great Grandfather’s Father. WHOSE RELATIVES ARE TO BE RECKONED. 1 3 5 Son of the Grandson of Grandson. Nephew or the Cousin- Brother’s german.

[SCHEDULE II

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1 [SCHEDULE II PART I (See section 54) (1) Father and mother. (2) Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as shall have predeceased the intestate. (3) Paternal and maternal grandparents. (4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have predeceased the intestate. (5) Paternal and maternal grandparents’ parents. (6) Paternal and maternal grandparents’ parents’ children and the lineal descendants of such of them as have predeceased the intestate. PART II (See section 55) (1) Father and mother. (2) Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as shall have predeceased the intestate. (3) Paternal and maternal grandparents. (4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have predeceased the intestate. (5) Paternal and maternal grandparents’ parents. 2 (6) Paternal and maternal [grandparent’s parents children] and the lineal descendants of such of them as have predeceased the intestate. (7) Half brothers and sisters and the lineal descendants of such of them as have predeceased the intestate. (8) Widows of brothers or half brothers and widowers of sisters or half sisters. (9) Paternal or maternal grandparents children’s widows or widowers. (10) Widows or widowers of deceased lineal descendants of the intestate who have not married again before the death of the intestate.] SCHEDULE III [See section 57] PROVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS DESCRIBED IN SECTION 57 Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 3 90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, [117], 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189 and 190. 3 and Sch., II, for “grandparents’ children” (w.e.f.

Restrictions and modifications in application of foregoing sections

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Restrictions and modifications in application of foregoing sections 1. Nothing therein contained shall authorise a testator to bequeath property which he could not have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not deprive them by will. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property any interest which he could not have created before the first day of September, 1870. Nothing therein contained shall affect any law of adoption or intestate succession. In applying section 70, the words “than by marriage or” shall be omitted. In applying any of the following sections, namely, sections seventy-five, seventy-six, one hundred and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred and sixteen to such wills and codicils the words “son”, “sons”, “child”, and “children” shall be deemed to include an adopted child; and the word “grand-children” shall be deemed to include the children, whether adopted or natural-born, of a child whether adopted or natural-born; and the expression “daughter-in-law” shall be deemed to include the wife of an adopted son.

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SCHEDULE IV [See section 274(2)] FORM OF CERTIFICATE I, A. B., Registrar (or as the case may be) of the High Court of Judicature at (or as the case may be) hereby certify that on the day of, the High Court of Judicature at (or as the case may be) granted probate of the will (or letters of administration of the estate) of C.D., late of , decreased, to E.F. of and G.H. of, and that such probate (or letters) has (or have) effect over 1 2 all the property of the deceased throughout [India] ***. __________ ___ SCHEDULE V [See section 284(4)] FORM OF CAVEAT Let nothing be done in the matter of, the estate of A. B., late of , deceased, who died on the day of at , without notice to C.D. of SCHEDULE VI (See section 289) FORM OF PROBATE I, Judge of the District of [or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate’s jurisdiction)], hereby make known that on the day of in the year , the last will of , late of , a copy whereof is hereunto annexed, was proved and registered before me, and that administration of the property and credits of the said deceased, and in any way concerning his will was granted to , the executor in the said will named, he having undertaken to administer the same, and to make a full and true inventory of the said property and credits and exhibit the same in this Court within six months from the date of this grant or within such further time as the Court may, from time to time, appoint, and also to render to this Court a true account of the said property and credits within one year from the same date, or within such further time as the Court may, from time to time, appoint. SCHEDULE VII (See section 290.) FORM OF LETTERS OF ADMINISTRATION I, Judge of the District of [or Delegate appointed for granting probate or letters of administration in (here insert the limits of the Delegate’s jurisdiction)], hereby make known that on the day of letters of administration (with or without the will annexed, as the case may be), of the property and credits of , late of ,deceased, were granted to , the father (or as the case may be) of the deceased, he having undertaken to administer the same and to make a full and true inventory of the said property and credits and exhibit the same in this Court, within six months from the date of this grant or within such further time as the Court may, from time to time, appoint, and also to render to this Court a true account of the said property and credits within one year from the same date, or within such further time as the Court may, from time to time, appoint. The words “of India” omitted by the A.O.

In the Court of

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SCHEDULE VIII (See section 377) FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE In the Court of To A. Whereas you applied on the day of for a certificate under Part X of the Indian Succession Act, 1925, in respect of the following debts and securities, namely:— Debts 17 Serial [Name of Amount of debts, including Description and date of instrument, if Number debtor] interest on date of any, by which the debt is secured application for certificate Securities Serial Description Market-value of security Number on date of application for certificate Distinguishing Name, title or Amount or par number or class of security value of security letter of security This certificate is accordingly granted to you and empowers you to collect those debts [and] [to receive] [interest] [dividends] [on] [to negotiate] [to transfer] [those securities]. Dated this day of District Judge 1. 3 and the Second Schedule, for “Number”.

In the Court of

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In the Court of On the application of A. B. made to me on the day of , I hereby extend this certificate to the following debts and securities, namely:— Debts Serial Name of Amount of debt, including Description Number debtor interest, on date of and date of application for extension instrument, if any, by which the debt is secured Securities Serial Description Market-value of Number security on date Distinguishing Name, title or class Amount or par of application for number or of security value of security extension letter of security This extension empowers A. B. to collect those debts [and] [to receive] [interest] [dividends] [on] [to negotiate] [to transfer] [those securities].

SCHEDULE IX.—[Enactments repealed.] Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and the Sch.

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SCHEDULE IX.—[Enactments repealed.] Rep. by the Repealing Act, 1927 (12 of 1927), s.