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INDIAN SUCCESSION ACT

Ministry of Law and Justice

Act nº 39 of 1925


  • Part 1
  • Part 2
  • Part 3
  • Part 4
  • Part 5
    • Chapter 1
    • Chapter 2
    • Chapter 3
  • Part 6
    • Chapter 1
    • Chapter 2
    • Chapter 3
    • Chapter 4
    • Chapter 5
    • Chapter 6
    • Chapter 7
    • Chapter 8
    • Chapter 9
    • Chapter 10
    • Chapter 11
    • Chapter 12
    • Chapter 13
    • Chapter 14
    • Chapter 15
    • Chapter 16
    • Chapter 17
    • Chapter 18
    • Chapter 19
    • Chapter 20
    • Chapter 21
    • Chapter 22
    • Chapter 23
  • Part 7
  • Part 8
  • Part 9
    • Chapter 1
    • Chapter 2
    • Chapter 3
    • Chapter 4
    • Chapter 5
    • Chapter 6
    • Chapter 7
    • Chapter 8
    • Chapter 9
    • Chapter 10
    • Chapter 11
    • Chapter 12
    • Chapter 13
  • Part 10
  • Part 11
  • Schedules
  • Act nº 39 of 1925

Preamble



Preamble 1 - INDIAN SUCCESSION ACT, 1925THE INDIAN SUCCESSION ACT, 19251

[Act, No. 39 of 1925]

[30th September, 1925]

PREAMBLE

An Act to consolidate the law applicable to intestate and testamentary succession 2 [* * *].

Whereas it is expedient to consolidate the law applicable to intestate and testamentary succession 2 [* * *]. It is hereby enacted as follows:-

1. The Act has been extended to Berar by the Berar Laws Act, 1941 (4 0f 1941) and to Manipur by the Union Territories (Laws) Amendment Act, 1956 (68 of 1956).

2. The words "in the Provinces of India" omitted by the A.O. 1950.


Part 1

Section 1. Short title

This Act may be called the Indian Succession Act, 1925.

Section 2. Definitions

Section 2 - 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;

1 [(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;

2 [(cc) "India" means the territory of India excluding the State of Jammu and Kashmir;]

(d) "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;

3 [(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.

1. Inserted by Act 18 of 1929, section 2.

2. Inserted by Act 3 of 1951, section 3 and Schedule.

3. Substituted by Act 3 of 1951, section 3 and Schedule, for the original clause.


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

Section 3 - Power of State Government to exempt any race, sect or tribe in the State from operation of Act( 1) The State Government may, by notification in the Official Gazette, either retrospectively from the sixteenth day of March, 1865, or prospectively, exempt from the operation of any of the following provisions of this Act, namely, sections 5 to 49, 58 to 191, 212, 213 and 215 to 369, the members of any race, sect or tribe in the State, or of any part of such race, sect or tribe to whom the State Government considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order.

( 2) The State Government may, by a like notification, revoke any such ord er, but not so that the revocation sh all have retrospective effect.

( 3) Persons exempted under this section or exempted from the operation of any of the provisions of the Indian Succession Act, 18651(10 of 1865), under section 332 of that Act are in this Act referred to as "exempted persons".

1. Repealed b y this Act.


Part 2

Section 4. Application of Part

This Part shall not apply if the deceased was a Hindu,Muhammmadan, Buddhist, Sikh or Jaina.

Section 5. Law regulating succession to deceased person's immovable and movable property, respectively



Section 5 - Law regulating succession to deceased person's immovable and movable property, respectively(1) Succession to the immovable property in1[India] of a person deceased shall be regulated by the law of1[India], wherever such person may have had his domicile at the time of his death.

(2) Succession to the movable 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

(i) A, having his domicile in1[India], dies in France, leaving movable property in France, movable properly in England and property, both movable and immovable, in1[India]. The succession to the whole is regulated by the law of1[India],

(ii) A, an Englishman, having his domicile in France, dies in1[India] and leaves property both movable and immovable, in1[India]. The succession to the movable property is regulated by the rules which govern, in France, the succession to the movable property of an Englishman dying domiciles in France, and the succession to the immovable property is regulated by law of1[India].

1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States".


Section 6. One domicile only affects succession to movables

A person can have only one domicile for the purpose of the succession to his movable property.

Section 7. Domicile of origin of person of legitimate birth

The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father's death.

Illustration

At the time of the birth of A, his father was domiciled in England. A's domicile of origin is in England, whatever may be the country in which he was born.

Section 8. Domicile of origin of illegitimate child

The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.

Section 9. Continuance of domicile of origin

The domicile of origin prevails until a new domicile has been acquired.

Section 10. Acquisition of new domicile



Section 10 - Acquisition of new domicileA man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.

Explanation.-A man is not to be deemed to have taken up his fixed habitation in1[India] merely by reason of his residing therein2[the civil, military, naval or air force service of Government], or in the exercise of any profession or calling.

Illustrations

(i) A, whose domicile of origin is in England, proceeds to1[India], where he settles as a barrister or a merchant, intending to reside there during the remainder of his life. His domicile is now in India.

(ii) A, whose domicile is in England, goes to Austria, and enters the Austrian service, intending to remain in that service. A has acquired a domicile in Austria.

(iii) A, whose domicile of origin is in France, comes to reside in1[India] under an engagement with the Central Government for a certain number of years. It is his intention to return to France at the end of that period. He does not acquire a domicile in1[India].

(iv) A, whose domicile is in England, goes to reside in1[India] for the purpose of winding up the affairs of a partnership which has been dissolved, and with the intention of returning to England as soon as that purpose is accomplished. He does not by such residence acquire a domicile in1[India], however, long the residence may last.

(v) A, having gone to reside in1[India] in the circumstances mentioned in the last preceding illustration, afterwards alters his intention, and takes up his fixed habitation in1[India]. A has acquired a domicile in1[India].

(vi) A, whose domicile is in the French Settlement of Chandernagore3, is compelled by political events to take refuge in Calcutta, and resides in Calcutta for many years in the hope of such political changes as may enable him to return with safety to Chandernagore. He does not by such residence acquire a domicile in1[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 intends that his residence in Calcutta shall be permanent. A, has acquired a domicile in1[India].

1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States".

2. Substituted by the A.O. 1950, for "His Majesty's civil, military, naval or air force service".

3. Now Chandernagore (formerly a French settlement) is a part of India.


Section 11. Special mode of acquiring domicile in India

Section 11 - Special mode of acquiring domicile in IndiaAny person may acquire a domicile in1[India] by making and depositing in some office in1[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 resident in1[India] for one year immediately preceding the time of his making such declaration.

1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States".


Section 12. 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.