Section3

The Indian Succession Act, 1925

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

Q: When did Section 3 of the Indian Succession Act come into force?

Section 3 of the Indian Succession Act, cited as Succession Act 3, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

In force From 30 Sep 1925 Act 39 of 1925 As on 14 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925

Section 3 of the Indian Succession Act, 1925 deals with power of State Government to exempt any race, sect or tribe in the State from operation of Act. 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 The Act came into force on 30 Sep 1925.

(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 order, but not so that the revocation shall 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".
Section 3, The Indian Succession Act, 1925 (Act 39 of 1925).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

P. K. Mohanram vs B. N. Ananthachary

Supreme Court of India 15 Mar 2010 Binding (SC) Reportable

Court's Decision & Legal Precedent

A document creating immediate rights in favor of beneficiaries in praesenti, coupled with an explicit prohibition against revocation by the settlor, constitutes a settlement deed and not a will, even if the enjoyment of the property is postponed until after the settlor's death. The substance and intention of the document, as gathered from a comprehensive view of all its terms, is determinative of its character, not its nomenclature or form. An interest created in a settlement deed is vested, not contingent, when the beneficiary acquires a present right to future enjoyment, and such vested interest is not defeated by postponement of enjoyment or by the death of the beneficiary before obtaining possession.

On this section: Court referenced this definition to establish that a will is a legal declaration of intention regarding property to be carried into effect after death. The court distinguished this from a settlement deed which creates immediate rights.

Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 3

What have the courts held on Section 3 of the Indian Succession Act?

P. K. Mohanram vs B. N. Ananthachary (15 Mar 2010) is the leading judgment on this section among those set out below: Court referenced this definition to establish that a will is a legal declaration of intention regarding property to be carried into effect after death. The court distinguished this from a settlement deed which creates immediate rights.

How do I find court cases under Section 3 of the Indian Succession Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Succession Act 3, section 3 Succession Act, section 3 of the Indian Succession Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with P. K. Mohanram vs B. N. Ananthachary (15 Mar 2010).

What should I read with Section 3 of the Indian Succession Act, and has it changed?

Its own text turns on section 5 (Law regulating succession to deceased person’s immoveable and moveable property, respectively), section 49 (Children’s advancements not brought into hotchpot), section 58 (General application of Part), section 191 (Property transferable by gift made in contemplation of death), and on 4 further provisions, so none of them can safely be read on its own.

When did Section 3 of the Indian Succession Act come into force?

Section 3 of the Indian Succession Act, cited as Succession Act 3, came into force on 30 Sep 1925, having been enacted on 30 Sep 1925. It is in force as at the date shown on this page.

Other sections of this Act

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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.