Section5

The Indian Succession Act, 1925

Law regulating succession to deceased person’s immoveable and moveable property, respectively

Q: When did Section 5 of the Indian Succession Act come into force?

Section 5 of the Indian Succession Act, cited as Succession Act 5, 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 15 Oct 2026

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

Section 5 of the Indian Succession Act, 1925 deals with law regulating succession to deceased person’s immoveable and moveable property, respectively. Succession to the immoveable property in [India], of a person deceased shall be regulated by the law of [India], wherever such person may have had his domicile at the time of his death. The Act came into force on 30 Sep 1925.

(1) Succession to the immoveable property in ¹[India], of a person deceased shall be regulated by the law of ¹[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
(i) A, having his domicile in ¹[India], dies in France, leaving moveable property in France, moveable property in England, and property, both moveable and immoveable, in ¹[India]. The succession to the whole is regulated by the law of ¹[India].
(ii) A, an Englishman, having his domicile in France, dies in ¹[India], and leaves property, both moveable and immoveable, in ¹[India]. The succession to the moveable property is regulated by the rules which govern, in France, the succession to the moveable property of an Englishman dying domiciled in France, and the succession to the immoveable property is regulated by the law of ¹[India].
Section 5, 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.

Jose Paulo Coutinho vs Maria Luiza Valentina Pereira

Supreme Court of India 13 Sep 2019 Binding (SC) Reportable

Court's Decision & Legal Precedent

The Portuguese Civil Code, 1867, as applicable in the State of Goa, shall govern the rights of succession and inheritance of Goan domiciles in respect of all their properties, whether situated within Goa or outside Goa in any other part of India. The Portuguese Civil Code is an Indian law (not a foreign law) as it was adopted by the Indian Parliament through the Goa, Daman and Diu (Administration) Act, 1962. As a special law and local law applicable to Goan domiciles, it prevails over the general Indian Succession Act, 1925. There must be unity in succession, with all properties of the deceased considered as one unit for calculating the legitime and determining the rights of legal heirs. Article 24 of the Portuguese Civil Code has no applicability to Goan domiciles who are Indian citizens living in India. The grant of probate of a will does not affect the rights of legal heirs under succession laws.

On this section: Respondent relied on this section to argue that Indian Succession Act applies to properties outside Goa; Court held Portuguese Civil Code prevails as special law

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 5

What have the courts held on Section 5 of the Indian Succession Act?

Jose Paulo Coutinho vs Maria Luiza Valentina Pereira (13 Sep 2019) is the leading judgment on this section among those set out below: Respondent relied on this section to argue that Indian Succession Act applies to properties outside Goa; Court held Portuguese Civil Code prevails as special law.

How do I find court cases under Section 5 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 5, section 5 Succession Act, section 5 of the Indian Succession Act. People searching for it also type indian succession act part 5. 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 Jose Paulo Coutinho vs Maria Luiza Valentina Pereira (13 Sep 2019).

What should I read with Section 5 of the Indian Succession Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 5 of the Indian Succession Act come into force?

Section 5 of the Indian Succession Act, cited as Succession Act 5, 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 15 Oct 2026. This page is not a substitute for legal advice.