The Indian Succession Act, 1925

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The Indian Succession Act, 1925

VOL. VIII-B

53 THE INDIAN SUCCESSION ACT, 1925 ACT No. 39 OF 1925 1*

[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:--

PART I

PRELIMINARY

PART I

PRELIMINARY

1.

Short title.

1. Short title.-This Act may be called the Indian Succession Act, 1925.

2.

Definitions.

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;

3*[(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;

4*[(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

[See footnote 1 for this section]

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;

1*[(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.

3.

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

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 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, 1865 2* (10 of 1865.), under section 332 of that Act are in this Act referred to as "exempted persons".

PART II

OF DOMICILE

PART II

OF DOMICILE

4.

Application of Part.

4. Application of Part.-This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina.

5.

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

5. Law regulating succession to deceased person's immoveable and moveable property, respectively.-(1) Succession to the immoveable property in 3*[India] of a person deceased shall be regulated by the law of 3*[India], wherever such person may have had his domicile at the time of his death.

[See footnote 2 for this section]

(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].

6.

One domicile only affects succession to moveables.

6. One domicile only affects succession to moveables.-A person can have only one domicile for the purpose of the succession to his moveable property.

7.

Domicile of origin of person of legitimate birth.

7. Domicile of origin of person of legitimate birth.-The domicile of origin of every person of legitimate b...

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