Act39
Enacted 1925
The Indian Succession Act, 1925
In force
393 sections
Law and Justice
An Act to consolidate the law applicable to intestate and testamentary succession.
Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1925
Preamble
THE INDIAN SUCCESSION ACT, 1925
ACT NO. 39 OF 19251
[30th September, 1925.] 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:--
What this Act covers
Summary of the Indian Succession Act, 1925
Key Provisions
Applicability
• Scope: Applies to Christians and individuals not subject to personal laws (with historical exceptions for certain regions).
Intestate Succession
• Distribution for Males: Property distributed among the wife, children, and then more distant relatives in a defined hierarchy.
• Distribution for Females: Historically, property often devolved to the husband or his heirs, with potential for amendment over time to reflect changing legal landscapes.
• Testamentary Succession (Wills)
• Validity Conditions: Specifies requirements for a will's validity, including the testator's age, mental capacity, and proper execution formalities.
• Property Devolution via Will: Allows for the testamentary disposition of property, adhering to the act's guidelines and limitations.
Sections
Type to filter. 393 sections.
- 1Short title
- 2Definitions
- 3Power of State Government to exempt any race, sect or tribe in the State from operation of Act
- 4Application of Part
- 5Law regulating succession to deceased person’s immoveable and moveable property, respectively
- 6One domicile only affects succession to moveables
- 7Domicile of origin of person of legitimate birth
- 8Domicile of origin of illegitimate child
- 9Continuance of domicile of origin
- 10Acquisition of new domicile
- 11Special mode of acquiring domicile in India
- 12Domicile not acquired by residence as representative of foreign Government, or as part of his family
- 13Continuance of new domicile
- 14Minor’s domicile
- 15Domicile acquired by woman on marriage
- 16Wife’s domicile during marriage
- 17Minor’s acquisition of new domicile
- 18Lunatic’s acquisition of new domicile
- 19Succession to moveable property in India in absence of proof of domicile elsewhere
- 20Interests and powers not acquired nor lost by marriage
- 21Effect of marriage between person domiciled and one not domiciled in India
- 22Settlement of minor’s property in contemplation of marriage
- 23Application of Part
- 24Kindred or consanguinity
- 25Lineal consanguinity
- 26Collateral consanguinity
- 27Persons held for purpose of succession to be similarly related to deceased
- 28Mode of computing of degrees of kindred
- 29Application of Part
- 30As to what property deceased considered to have died intestate
- 31Chapter not to apply to Parsis
- 32Devolution of such property
- 33Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
- 33ASpecial provision where intestate has left widow and no lineal descendants
- 34Where intestate has left no widow, and where he has left no kindred
- 35Rights of widower
- 36Rules of distribution
- 37Where intestate has left child or children only
- 38Where intestate has left no child, but grandchild or grandchildren
- 39Where intestate has left only great-grandchildren or remoter lineal descendants
- 40Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead
- 41Rules of distribution where intestate has left no lineal descendants
- 42Where intestate’s father living
- 43Where intestate’s father dead, but his mother, brothers and sisters living
- 44Where intestate’s father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
- 45Where intestate’s father dead and his mother and children of any deceased brother or sister living
- 46Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece
- 47Where intestate has left neither lineal descendant, nor father, nor mother
- 48Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
- 49Children’s advancements not brought into hotchpot
- 50General principles relating to intestate succession
- 51Division of intestate’s property among widow, widower, children and parents
- 53Division of share of predeceased child of intestate leaving lineal descendants
- 54Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow or widower of any lineal descendant
- 55Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant
- 56Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
- 57Application of certain provisions of Part to a class of wills made by Hindus, etc
- 58General application of Part
- 59Person capable of making wills
- 60Testamentary guardian
- 61Will obtained by fraud, coercion or importunity
- 62Will may be revoked or altered
- 63Execution of unprivileged wills
- 64Incorporation of papers by reference
- 65Privileged wills
- 66Mode of making, and rules for executing, privileged wills
- 67Effect of gift to attesting witness
- 68Witness not disqualified by interest or by being executor
- 69Revocation of will by testator’s marriage
- 70Revocation of unprivileged will or codicil
- 71Effect of obliteration, interlineation or alteration in unprivileged will
- 72Revocation of privileged will or codicil
- 73Revival of unprivileged will
- 74Wording of wills
- 75Inquiries to determine questions as to object or subject of will
- 76Misnomer or misdescription of object
- 77When words may be supplied
- 78Rejection of erroneous particulars in description of subject
- 79When part of description may not be rejected as erroneous
- 80Extrinsic evidence admissible in cases of patent ambiguity
- 81Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
- 82Meaning or clause to be collected from entire Will
- 83When words may be understood in restricted sense, and when in sense wider than usual
- 84Which of two possible constructions preferred
- 85No part rejected, if it can be reasonably construed
- 86Interpretation of words repeated in different parts of will
- 87Testator’s intention to be effectuated as far as possible
- 88The last of two inconsistent clauses prevails
- 89Will or bequest void for uncertainty
- 90Words describing subject refer to property answering description at testator’s death
- 91Power of appointment executed by general bequest
- 92Implied gift to objects of power in default of appointment
- 93Bequest to “heirs,” etc., of particular person without qualifying terms
- 94Bequest to “representatives”, etc., of particular person
- 95Bequest without words of limitation
- 96Bequest in alternative
- 97Effect of words describing a class added to bequest to person
- 98Bequest to class of persons under general description only
- 99Construction of terms
- 100Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
- 101Rules of construction where will purports to make two bequests to same person
- 102Constitution of residuary legatee
- 103Property to which residuary legatee entitled
- 104Time of vesting legacy in general terms
- 105In what case legacy lapses
- 106Legacy does not lapse if one of two joint legatees die before testator
- 107Effect of words showing testator’s intention to give distinct shares
- 108When lapsed share goes as undisposed of
- 109When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime
- 110Bequest to A for benefit of B does not lapse by A’s death
- 111Survivorship in case of bequest to described class
- 112Bequest to person by particular description, who is not in existence at testator’s death
- 113Bequest to person not in existence at testator’s death subject to prior bequest
- 114Rule against perpetuity
- 115Bequest to a class some of whom may come under rules in sections 113 and 114
- 116Bequest to take effect on failure of prior bequest
- 117Effect of direction for accumulation
- 118Bequest to religious or charitable uses
- 119Date of vesting of legacy when payment or possession postponed
- 120Date of vesting when legacy contingent upon specified uncertain event
- 121Vesting of interest in bequest to such members of a class as shall have attained particular age
- 122Onerous bequests
- 123One of two separate and independent bequests to same person may be accepted, and other refused
- 124Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence
- 125Bequest to such of certain persons as shall be surviving at some period not specified
- 126Bequest upon impossible condition
- 127Bequest upon illegal or immoral condition
- 128Fulfilment of condition precedent to vesting of legacy
- 129Bequest to A and on failure of prior bequest to B
- 130When second bequest not to take effect on failure of first
- 131Bequest over, conditional upon happening or not happening of specified uncertain event
- 132Condition must be strictly fulfilled
- 133Original bequest not affected by invalidity of second
- 134Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
- 135Such condition must not be invalid under section 120
- 136Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over
- 137Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud
- 138Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person
- 139Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee
- 140Bequest of fund for certain purposes, some of which cannot be fulfilled
- 141Legatee named as executor cannot take unless be shows intention to act as executor
- 142Specific legacy defined
- 143Bequest of certain sum where stocks, etc., in which invested are described
- 144Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind
- 145Bequest of money where not payable until part of testator’s property disposed of in certain way
- 146When enumerated articles not deemed specifically bequeathed
- 147Retention, in form, of specific bequest to several persons in succession
- 148Sale and investment of proceeds of property bequeathed to two or more persons in succession
- 149Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies
- 150Demonstrative legacy defined
- 151Order of payment when legacy directed to be paid out of fund the subject of specific legacy
- 152Ademption explained
- 153Non-ademption of demonstrative legacy
- 154Ademption of specific bequest of right to receive something from third party
- 155Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed
- 156Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specically bequeathed
- 157Order 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
- 158Ademption where stock, specifically bequeathed, does not exist at testator’s death
- 159Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's death
- 160Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal
- 161When removal of thing bequeathed does not constitute ademption
- 162When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it
- 163Change by operation of law of subject of specific bequest between date of will and testator’s death
- 164Change of subject without testator’s knowledge
- 165Stock specifically bequeathed lent to third party on condition that it be replaced
- 166Stock specifically bequeathed sold but replaced, and belonging to testator at his death
- 167Non-liability of executor to exonerate specific legatees
- 168Compeletion of testator’s title to things bequeathed to be at cost of his estate
- 169Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically
- 170Exoneration of specific legatee’s stock in joint-stock company
- 171Bequest of thing described in general terms
- 172Bequest of interest or produce of fund
- 173Annuity created by will payable for life only unless contrary intention appears by will
- 174Period 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
- 175Abatement of annuity
- 176Where gift of annuity and residuary gift, whole annuity to be first satisfied
- 177Creditor prima facie entitled to legacy as well as debt
- 178Child prima facie entitled to legacy as well as portion
- 179No ademption by-subsequent provision for legatee
- 180Circumstances in which election takes place
- 181Devolution of interest relinquished by owner
- 182Testator’s belief as to his ownership immaterial
- 183Bequest for man’s benefit how regarded for purpose of election
- 184Person deriving benefit indirectly not put to election
- 185Person taking in individual capacity under will may In other character elect to take in opposition
- 186Exception to provisions of last six sections
- 187When acceptance of benefit given by will constitutes election to take under will
- 188Circumstances in which knowledge or waiver is presumed or inferred
- 189When testator’s representatives may call upon legatee to elect
- 190Postponement of election in case of disability
- 191Property transferable by gift made in contemplation of death
- 192Person claiming right by succession to property of deceased may apply for relief against wrongful possession
- 193Inquiry made by Judge
- 194Procedure
- 195Appointment of curator pending determination of proceeding
- 196Powers conferrable on curator
- 197Prohibition of exercise of certain powers by curators
- 198Curator to give security and may receive remuneration
- 199Report from Collector where estate includes revenue paying land
- 200Institution and defence of suits
- 201Allowances to apparent owners pending custody by curator
- 202Accounts to be filed by curator
- 203Inspection of accounts and right of interested party to keep duplicate
- 204Bar to appointment of second curator for same property
- 205Limitation of time for application for curator
- 206Bar to enforcement of Part against public settlement or legal directions by deceased
- 207Court of Wards to be made curator in case of minors having property subject to its jurisdiction
- 208Saving of right to bring suit
- 209Effect of decision of summary proceeding
- 210Appointment of public curators
- 211Character and property of executor or administrator as such
- 212Right to intestate’s property
- 213Right as executor or legatee when established
- 214Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons
- 215Effection certificate of subsequent probate or letters of administration
- 216Grantee of probate or administration alone to sue, etc., until same revoked
- 217Application of Part
- 218To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person
- 219Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person
- 220Effect of letters of administration
- 221Acts not validated by administration
- 222Probate only to appointed executor
- 223Persons to whom probate cannot be granted
- 224Grant of probate to several executors simultaneously or at different times
- 225Separate probate of codicil discovered after grant of probate
- 226Accrual of representation to surviving executor
- 227Effect of probate
- 228Administration, with copy annexed, of authenticated copy of will proved abroad
- 229Grant of administration where executor has not renounced
- 230Form and effect of renunciation of executorship
- 231Procedure where executor renounces or fails to accept within time limited
- 232Grant of administration to universal or residuary legatees
- 233Right to administration of representative of deceased residuary legatee
- 234Grant of administration where no executor, nor residuary legatee nor representative of such legatee
- 235Citation before grant of administration to legatee other than universal or residuary
- 236To whom administration may not be granted
- 236ALaying of rules before State Legislature
- 237Probate of copy or draft of lost will
- 238Probate of contents or lost of destroyed will
- 239Probate of copy where original exists
- 240Administration until will produced
- 241Administration, with will annexed, to attorney of absent executor
- 242Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer
- 243Administration to attorney of absent person entitled to administer in case of intestacy
- 244Administration during minority of sole executor or residuary legatee
- 245Administration during minority of several executors or residuary legatee
- 246Administration for use and benefit of lunatic or minor
- 247Administration pendente lite
- 248Probate limited to purpose specified in will
- 249Administration, with will annexed, limited to particular purpose
- 250Administration limited to property in which person has beneficial interest
- 251Administration limited to suit
- 252Administration limited to purpose of becoming party to suit to be brought against administrator
- 253Administration limited to collection and preservation of deceased’s property
- 254Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
- 255Probate or administration, with will annexed, subject to exception
- 256Administration with exception
- 257Probate or administration of rest
- 258Grant of effects unadministered
- 259Rules as to grants of effects unadministered
- 260Administration when limited grant expired and still some part of estate unadministered
- 261What errors may be rectified by Court
- 262Procedure where codicil discovered after grant of administration with will annexed
- 263Revocation or annulment for just cause
- 264Jurisdiction of District Judge in granting and revoking probates, etc
- 265Power to appoint delegate of District Judge to deal with non-contentious cases
- 266District Judge’s powers as to grant of probate and administration
- 267District Judge may order person to produce testamentary papers
- 268Proceedings of District Judge’s Court in relation to probate and administration
- 269When and how District Judge to interfere for protection of property
- 270When probate or administration may be granted by District Judge
- 271Disposal of application made to Judge of district in which deceased had no fixed abode
- 272Probate and letters of administration may be granted by Delegate
- 273Conclusiveness of probate or letters of administration
- 274Transmission to High Courts of certificate of grants under proviso to section 273
- 275Conclusiveness of application for probate or administration if properly made and verified
- 276Petition for probate
- 277In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
- 278Petition for letters of administration
- 279Addition to statement in petition, etc., for probate or letters of administration in certain cases
- 280Petition for probate, etc., to be signed and verified
- 281Verification of petition for probate, by one witness to will
- 282Punishment for false averment in petition or declaration
- 283Powers of District Judge
- 284Caveats against grant of probate or administration
- 285After entry of caveat, no proceeding taken on petition until after notice to caveator
- 286District Delegate when not to grant probate or administration
- 287Power to transmit statement to District Judge in doubtful cases where no contention
- 288Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court
- 289Grant of probate to be under seal of Court
- 290Grant of letters of administration to be under seal of Court
- 291Administration-bond
- 292Assignment of administration-bond
- 293Time for grant of probate and administration
- 294Filing of original wills of which probate or administration with will annexed granted
- 295Procedure in contentious cases
- 296Surrender of revoked probate or letters of administration
- 297Payment to executor or administrator before probate or administration revoked
- 298Power to refuse letters of administration
- 299Appeals from orders of District Judge
- 300Concurrent jurisdiction of High Court
- 301Removal of executor or administrator and provision for successor
- 302Directions to executor or administrator
- 303Executor of his own wrong
- 304Liability of executor of his own wrong
- 305In respect of causes of action surviving deceased and debts due at death
- 306Demands and rights of action of or against deceased survive to and against executor or administrator
- 307Power of executor or administrator to dispose of property
- 308General powers of administration
- 309Commission or agency charges
- 310Purchase by executor or administrator of deceased’s property
- 311Powers of several executors or administrators exercisable by one
- 312Survival of powers on death of one of several executors or administrators
- 313Powers of administrator of effects unadministered
- 314Powers of administrator during minority
- 315Powers of married executrix or administratrix
- 316As to deceased’s funeral
- 317Inventory and account
- 318Inventory to include property in any part of India in certain cases
- 319As to property of, and debts owing to, deceased
- 320Expenses to be paid before all debts
- 321Expenses to be paid next after such expenses
- 322Wages for certain services to be next paid, and then other debts
- 323Save as aforesaid, all debts to be paid equally and rateably
- 324Application of moveable property to payment of debts where domicile not in India
- 325Debts to be paid before legacies
- 326Executor or administrator not bound to pay legacies without indemnity
- 327Abatement of general legacies
- 328Non-abatement of specific legacy when assets sufficient to pay debts
- 329Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
- 330Rateable abatement of specific legacies
- 331Legacies treated as general for purpose of abatement
- 332Assent necessary to complete legatee’s title
- 333Effect of executor’s assent to specific legacy
- 334Conditional assent
- 335Assent of executor to his own legacy
- 336Effect of executor’s assent
- 337Executor when to deliver legacies
- 338Commencement of annuity when no time fixed by will
- 339When annuity, to be paid quarterly or monthly, first falls due
- 340Dates 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
- 341Investment of sum bequeathed, where legacy, not specific, given for life
- 342Investment of general legacy, to be paid at future time: disposal of intermediate, interest
- 343Procedure when no fund charged with, or appropriated to, annuity
- 344Transfer to residuary legatee of contingent bequest
- 345Investment of residue bequeathed for life, without direction to invest in particular securities
- 346Investment of residue bequeathed for life, with direction to invest in specified securities
- 347Time and manner of conversion and investment
- 348Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf
- 349Legatee’s title to produce of specific legacy
- 350Residuary legatee’s title to produce of residuary fund
- 351Interest when no time fixed for payment of general legacy
- 352Interest when time fixed
- 353Rate of interest
- 354No interest on arrears of annuity within first year after testator’s death
- 355Interest on sum to be invested produce annuity
- 356Refund of legacy paid under Court’s orders
- 357No refund if paid voluntarily
- 358Refund when legacy has become due on performance of condition within further time allowed under section 137
- 359When each legatee compellable to refund in proportion
- 360Distribution of assets
- 361Creditor may call upon legatee to refund
- 362When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
- 363When unsatisfied legatee must first proceed against executor, if solvent
- 364Limit to refunding of one legatee to another
- 365Refunding to be without interest
- 366Residue after usual payments to be paid to residuary legatee
- 367Transfer of assets from India to executor or administrator in country of domicile for distribution
- 368Liability of executor or administrator for devastation
- 369Liability of executor or administrator for neglect to get any part of property
- 370Restriction on grant of certificates under this part
- 371Court having jurisdiction to grant certificate
- 372Application for certificate
- 373Procedure on application
- 374Contents of certificate
- 375Requisition of security from grantee of certificate
- 376Extension of certificate
- 377Forms of certificate and extended certificate
- 378Amendment of certificate in respect of powers as to securities
- 379Mode of collecting court-fees on certificates
- 380Local extent of certificate
- 381Effect of certificate
- 382Effect of certificate granted or extended by Indian representative in Foreign State and in certain other cases
- 383Revocation of certificate
- 384Appeal
- 385Effect on certificate of previous certificate, probate or letters of administration
- 386Validation of certain payments made in good faith to holder of invalid certificate
- 387Effect of decisions under this Act, and liability of holder of certificate thereunder
- 388Investiture of inferior courts with jurisdiction of District Court for purposes of this Act
- 389Surrender of superseded and invalid certificates
- 390Provisions with respect to certificates under Bombay Regulation VIII of 1827
- 391Saving
- 392[Repealed.]
Schedules
This Act has 9 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.
- SCHEDULE I67 words
- SCHEDULE II262 words
- SCHEDULE III362 words
- SCHEDULE IV115 words
- SCHEDULE V39 words
- SCHEDULE VI184 words
- SCHEDULE VII171 words
- SCHEDULE VIII271 words
- Repealed18 words
Related Acts
- The Sikh Gurdwaras (Supplementary) Act, 19253 sections
- The Maintenance Orders Enforcement Act, 192112 sections
- The Sale of Goods Act, 193067 sections
- The Charitable and Religious Trusts Act, 192012 sections
- The Hindu Gains of Learning Act, 19304 sections
- The Calcutta High Court (Jurisdictional Limits) Act, 19192 sections
- The Destruction of Records Act, 19176 sections
- The Hindu Disposition of Property Act, 19165 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 393 sections of this Act has its own page. This page is not a substitute for legal advice.