Children’s advancements not brought into hotchpot

Q: When did Section 49 of the Indian Succession Act come into force?

Section 49 of the Indian Succession Act, cited as Succession Act 49, 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 18 Oct 2026

Act 39 of 1925 Ministry Law and Justice Enacted 30 Sep 1925 In force 30 Sep 1925 Cited by 1 provision

Section 49 of the Indian Succession Act, 1925 deals with children’s advancements not brought into hotchpot. Where a distributive share in the property of a person who has died intestate is claimed by a child, or any descendant of a child, of such person, no money or other property which the intestate may, during his life, have paid, given or settled to, or for the advancement of, the child by whom or by w The Act came into force on 30 Sep 1925.

Where a distributive share in the property of a person who has died intestate is claimed by a child, or any descendant of a child, of such person, no money or other property which the intestate may, during his life, have paid, given or settled to, or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share.
Section 49, 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.

Referred to by 1

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

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 cited this section to establish that wills are inherently revocable by the maker at any time, whereas settlement deeds creating vested interests cannot be revoked by the settlor.

Read the full order on eCourts India

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Questions about Section 49

What have the courts held on Section 49 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 cited this section to establish that wills are inherently revocable by the maker at any time, whereas settlement deeds creating vested interests cannot be revoked by the settlor.

How do I find court cases under Section 49 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 49, section 49 Succession Act, section 49 of the Indian Succession Act. People searching for it also type indian succession act 1925 section 31 to 49 and section 49 of 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 49 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 49 of the Indian Succession Act come into force?

Section 49 of the Indian Succession Act, cited as Succession Act 49, 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 18 Oct 2026. This page is not a substitute for legal advice.