Indian Succession Act

11,735 indexed judgments cite this act. Sections below link to the judgments in the corpus that rely on them, alongside a recently decided selection.

Sections in the index

Section 1Subs. by Act 10 of 1927, s. 2 and the First Schedule, for “5,000”.
Section 2Subs. by s. 5,ibid.,for “each male shall take double the share of each female standing in the same degree of propinquity” (w.e.f.
Section 3Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
Section 4The words "G.G. in C.” have been successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
Section 5Subs. by A.O. 1950, for "His Majesty's Domination".
Section 6One domicile only affects succession to moveables.—A person can have only one domicile for
Section 7Domicile of origin of person of legitimate birth.—The domicile of origin of every person of
Section 8Subs. by Act 1957, s. 2 for s. 382.
Section 9Continuance of domicile of origin.—The domicile of origin prevails until a new domicile has
Section 10Acquisition of new domicile.—A man acquires a new domicile by taking up his fixed habitation
Section 11Special mode of acquiring domicile in India.—Any person may acquire a domicile in 1[India] by
Section 12Domicile not acquired by residence as representative of foreign Government, or as part of his
Section 13Continuance of new domicile.—A new domicile continues until the former domicile has been
Section 14Minor’s domicile.—The domicile of a minor follows the domicile of the parent from whom he
Section 15Domicile acquired by woman on marriage.—By marriage a woman acquires the domicile of
Section 16Wife’s domicile during marriage.—A wife’s domicile during her marriage follows the domicile
Section 17Minor’s acquisition of new domicile.—Save as hereinbefore otherwise provided in this Part, a
Section 18Lunatic’s acquisition of new domicile.—An insane person cannot acquire a new domicile in any
Section 19Succession to moveable property in India in absence of proof of domicile elsewhere.—If a
Section 20Interests and powers not acquired nor lost by marriage.—(1) No person shall, by marriage,
Section 21Effect of marriage between person domiciled and one not domiciled in India.—If a person
Section 22Settlement of minor’s property in contemplation of marriage.
Section 23Application of Part.—Nothing in this Part shall apply to any will made or intestacy occurring
Section 24Kindred or consanguinity.—Kindred or consanguinity is the connection or relation of persons
Section 25Lineal consanguinity.
Section 26Collateral consanguinity.—(1) Collateral consanguinity is that which subsists between two
Section 27Persons held for purpose of succession to be similarly related to deceased.—For the purpose
Section 28Mode of computing of degrees of kindred.—Degrees of kindred are computed in the manner set
Section 29Application of Part.—(1) This Part shall not apply to any intestacy occurring before the first day
Section 30As to what property deceased considered to have died intestate.
Section 31Chapter not to apply to Parsis.—Nothing in this Chapter shall apply to Parsis.
Section 32Devolution of such property.—The property of an intestate devolves upon the wife or husband,
Section 33Where intestate has left widow and lineal descendants, or widow and kindred only, or
Section 34Where intestate has left no widow, and where he has left no kindred.—Where the intestate
Section 35Rights of widower.—A husband surviving his wife has the same rights in respect of her property,
Section 36Rules of distribution.—The rules for the distribution of the intestate’s property (after deducting
Section 37Where intestate has left child or children only.—Where the intestate has left surviving him a
Section 38Where intestate has left no child, but grandchild or grandchildren.—Where the intestate has
Section 39Where intestate has left only great-grandchildren or remoter lineal descendants.
Section 40Where intestate leaves lineal descendants not all in same degree of kindred to him, and those
Section 41Rules of distribution where intestate has left no lineal descendants.—Where an intestate has
Section 42Where intestate's father living.—If the intestate’s father is living, he shall succeed to the
Section 43Where intestate’s father dead, but his mother, brothers and sisters living.—If the intestate’s
Section 44Where intestate’s father dead and his mother, a brother or sister, and children of any
Section 45Where intestate’s father dead and his mother and children of any deceased brother or sister
Section 46Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.
Section 47Where intestate has left neither lineal descendant, nor father, nor mother.—Where the
Section 48Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.—
Section 49Children’s advancements not brought into hotchpot.—Where a distributive share in the
Section 51Division of intestate’s property among widow, widower, children and parents.
Section 53Division of share of predeceased child of intestate leaving lineal descendants.—In all cases
Section 54Division of property where intestate leaves no lineal descendant but leaves a widow or widower
Section 55Division of property where intestate leaves neither lineal descendants nor a widow or
Section 56Division of property where there is no relative entitled to succeed under the other provisions of
Section 57Application of certain provisions of Part to a class of wills made by Hindus, etc.
Section 58General application of Part.—(1) The provisions of this Part shall not apply to testamentary
Section 59Person capable of making wills.—Every person of sound mind not being a minor may dispose
Section 60Testamentary guardian.—A father, whatever his age may be, may by will appoint a guardian or
Section 61Will obtained by fraud, coercion orimportunity.—A will or any part of a will, the making of
Section 62Will may be revoked or altered.
Section 63Execution of unprivileged wills.—Every testator, not being a soldier employed in an expedition
Section 64Incorporation of papers by reference.—If a testator, in a will or codicil duly attested, refers to
Section 65Privileged wills.—Any soldier being employed in an expedition or engaged in actual warfare,
Section 66Mode of making, and rules for executing, privileged wills.—(1) Privileged wills may be in
Section 67Effect of gift to attesting witness.—A will shall not be deemed to be insufficiently attested by
Section 68Witness not disqualified by interest or by being executor.—No person, by reason of interest in,
Section 69Revocation of will by testator’s marriage.—Every will shall be revoked by the marriage of the
Section 70Revocation of unprivileged will or codicil.—No unprivileged will or codicil, nor any part
Section 71Effect of obliteration, interlineation or alteration in unprivileged will.—No obliteration,
Section 72Revocation of privileged will or codicil.—A privileged will or codicil, may be revoked by the
Section 73Revival of unprivileged will.—(1) No unprivileged will or codicil, nor any part thereof, which
Section 74Wording of wills.—It is not necessary,.that any technical words or terms of art be used in a will,
Section 75Inquiries to determine questions as to object or subject of will.—For the purpose of
Section 76Misnomer or misdescription of object.—(1) Where the words used in a will to designate or
Section 77When words may be supplied.—Where any word material to the full expression of the meaning
Section 78Rejection of erroneous particulars in description of subject.—If the thing which the testator
Section 79When part of description may not be rejected as erroneous.—If a will mentions several
Section 80Extrinsic evidence admissible in cases of patent ambiguity.—Where the words of a will are
Section 81Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.—Where there is an
Section 82Meaning or clause to be collected from entire Will.—The meaning of any clause in a Will is to
Section 83When words may be understood in restricted sense, and when in sense wider than usual.
Section 84Which of two possible constructions preferred.—Where a clause is susceptible of
Section 85No part rejected, if it can be reasonably construed.—No part of a Will shall be rejected as
Section 86Interpretation of words repeated in different parts of will.—If the same words occur in
Section 87Testator’s intention to be effectuated as far as possible.—The intention of the testator
Section 88The last of two inconsistent clauses prevails.—Where two clauses of gifts in a will are
Section 89Will or bequest void for uncertainty.—A will or bequest not expressive of any definite
Section 90Words describing subject refer to property answering description at testator’s death.
Section 91Power of appointment executed by general bequest.—Unless a contrary intention appears by
Section 92Implied gift to objects of power in default of appointment.—Where property is bequeathed to
Section 93Bequest to “heirs,” etc., of particular person without qualifying terms.—Where a bequest is
Section 94Bequest to “representatives”, etc., of particular person.—Where a bequest is made to the
Section 95Bequest without words of limitation.—Where property is bequeathed to any person, he is
Section 96Bequest in alternative.—Where a property is bequeathed to a person with a bequest in the
Section 97Effect of words describing a class added to bequest to person.—Where property is bequeathed
Section 98Bequest to class of persons under general description only.—Where a bequest is made to a
Section 99Construction of terms.—In a will—
Section 100Words expressing relationship denote only legitimate relatives or failing such relatives reputed
Section 101Rules of construction where will purports to make two bequests to same person.
Section 102Constitution of residuary legatee.—A residuary legatee may be constituted by any words that
Section 103Property to which residuary legatee entitled.—Under a residuary bequest, the legatee is
Section 104Time of vesting legacy in general terms.—1f a legacy is given in general terms, without
Section 105In what case legacy lapses.—(1) If the legatee does not survive the testator, the legacy cannot
Section 106Legacy does not lapse if one of two joint legatees die before testator.—If a legacy is given to
Section 107Effect of words showing testator’s intention to give distinct shares.—If a legacy is given to
Section 108When lapsed share goes as undisposed of.—Where a share which lapses is a part of the
Section 109When bequest to testator’s child or lineal descendant does not lapse on his death in
Section 110Bequest to A for benefit of B does not lapse by A’s death.—Where a bequest is made to one
Section 111Survivorship in case of bequest to described class.—Where a bequest is made simply to a
Section 112Bequest to person by particular description, who is not in existence at testator’s death.
Section 113Bequest to person not in existence at testator's death subject to prior bequest.—Where a
Section 114The bequest to B is void.
Section 115Bequest to a class some of whom may come under rules in sections 113 and 114.
Section 118Bequest to religious or charitable uses.—No man having a nephew or niece or any nearer
Section 119Date of vesting of legacy when payment or possession postponed.—Where by the terms of a
Section 120Date of vesting when legacy contingent upon specified uncertain event.—(1) A legacy
Section 121Vesting of interest in bequest to such members of a class as shall have attained particular
Section 122Onerous bequests.—Where a bequest imposes an obligation on the legatee, he can take nothing
Section 123One of two separate and independent bequests to same person may be accepted, and
Section 124Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.
Section 125Bequest to such of certain persons as shall be surviving at some period not specified.
Section 126Bequest upon impossible condition.—A bequest upon an impossible condition is void.
Section 127Bequest upon illegal or immoral condition.—A bequest upon a condition, the fulfilment of
Section 128Fulfilment of condition precedent to vesting of legacy.—Where a will imposes a condition to
Section 129Bequest to A and on failure of prior bequest to B.—Where there is a bequest to one person
Section 130When second bequest not to take effect on failure of first.—Where the will shows anintention
Section 131Bequest over, conditional upon happening or not happening of specified uncertain event.
Section 132Condition must be strictly fulfilled.—An ulterior bequest of the kind contemplated by section
Section 133Original bequest not affected by invalidity of second.—If the ulterior bequest be not valid the
Section 134Bequest conditioned that it shall cease to have effect in case a specified uncertain event
Section 135Such condition must not be invalid under section 120.—In order that a condition that a
Section 136Result of legatee rendering impossible or indefinitely postponing act for which no time
Section 137Performance of condition, precedent or subsequent, within specified time. Further time In case
Section 138Direction that fund be employed in particular manner following absolute bequest of same to or
Section 139Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified
Section 140Bequest of fund for certain purposes, some of which cannot be fulfilled.
Section 141Legatee named as executor cannot take unless be shows intention to act as executor.—If a
Section 142Specific legacy defined.—Where a testator bequeaths to any person a specified part of his
Section 143Bequest of certain sum where stocks, etc., in which invested are described.—Where a
Section 144Bequest of stock where testator had, at date of will, equal or greater amount of stock of same
Section 145Bequest of money where not payable until part of testator’s property disposed of in certain way.
Section 146When enumerated articles not deemed specifically bequeathed.—Where a will contains a
Section 147Retention, in form, of specific bequest to several persons in succession.—Where property is
Section 148Sale and investment of proceeds of property bequeathed to two or more persons in succession.
Section 149Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.
Section 150Demonstrative legacy defined.—Where a testator bequeaths a certain sum of money, or a
Section 151Order of payment when legacy directed to be paid out of fund the subject of specific legacy.
Section 152Ademption explained.—If anything which has been specifically bequeathed does not belong to
Section 153Non-ademption of demonstrative legacy.—A demonstrative legacy is not adeemed by reason
Section 154Ademption of specific bequest of right to receive something from third party.
Section 155Ademptionpro tanto by testator’s receipt of part of entire thing specifically bequeathed.—
Section 156Ademptionpro tanto by testator’s receipt of portion of entire fund of which portion has been
Section 157Order of payment where portion of fund specifically bequeathed to one legatee, and legacy
Section 158Ademption where stock, specifically bequeathed, does not exist at testator’s death.—Where
Section 159Ademptionpro tanto where stock, specifically bequeathed, exists in part only at testator's
Section 160Non-ademption of specific bequest of goods described as connected with certain place, by
Section 161When removal of thing bequeathed does not constitute ademption.—The removal of
Section 162When thing bequeathed is a valuable to be received by testator from third person; and testator
Section 163Change by operation of law of subject of specific bequest between date of will and testator’s
Section 164Change of subject without testator’s knowledge.—Where a thing specifically bequeathed
Section 165Stock specifically bequeathed lent to third party on condition that it be replaced.
Section 166Stock specifically bequeathed sold but replaced, and belonging to testator at his death.
Section 167Non-liability of executor to exonerate specific legatees.—(1) Where property specifically
Section 168Compeletion of testator’s title to things bequeathed to be at cost of his estate.—Where
Section 169Exoneration of legatee’s immoveable property for which land-revenue or rent payable
Section 170Exoneration of specific legatee’s stock in joint-stock company.—In the absence of any
Section 171Bequest of thing described in general terms.
Section 172Bequest of interest or produce of fund.
Section 173Annuity created by will payable for life only unless contrary intention appears by will.—
Section 174Period of vesting where will directs that annuity be provided out of proceeds of property,
Section 175Abatement of annuity.—Where an annuity is bequeathed, but the assets of the testator are not
Section 176Where gift of annuity and residuary gift, whole annuity to be first satisfied.—Where there is
Section 177Creditor prima facie entitled to legacy as well as debt.—Where a debtor bequeaths a legacy to
Section 178Child prima facie entitled to legacy as well as portion.—Where a parent, who is under
Section 179No ademption by-subsequent provision for legatee.
Section 180Circumstances in which election takes place.—Where a person, by his will, professes to
Section 181Devolution of interest relinquished by owner.—An interest relinquished in the circumstances
Section 182Testator’s belief as to his ownership immaterial.—The provisions of sections 180 and 181
Section 183Bequest for man’s benefit how regarded for purpose of election.—A bequest for a person's
Section 184Person deriving benefit indirectly not put to election.—A person taking .no benefit directly
Section 185Person taking in individual capacity under will may In other character elect to take in
Section 186Exception to provisions of last six sections.—Notwithstanding anything contained in sections
Section 187When acceptance of benefit given by will constitutes election to take under will.
Section 188Circumstances in which knowledge or waiver is presumed or inferred.—(1) Such
Section 189When testator’s representatives may call upon legatee to elect.—If the legatee does not,
Section 190Postponement of election in case of disability.—In case of disability the election shall be
Section 191Property transferable by gift made in contemplation of death.—(1) A man may dispose, by
Section 192Person claiming right by succession to property of deceased may apply for relief against
Section 193Inquiry made by Judge.
Section 194Procedure.—If the District Judge is satisfied that there is sufficient ground for believing as
Section 195Appointment of curator pending determination of proceeding.—If it further appears upon
Section 196Powers conferrable on curator.—The District Judge may authorise the curator to take
Section 197Prohibition of exercise of certain powers by curators.—(1) Where a certificate has been
Section 198Curator to give security and may receive remuneration.—(1) The District Judge shall take
Section 199Report from Collector where estate includes revenue paying land.—(1) Where the estate of
Section 200Institution and defence of suits.—The curator shall be subject to all orders of the District Judge
Section 201Allowances to apparent owners pending custody by curator.—Pending the custody of the
Section 202Accounts to be filed by curator.—The curator shall file monthly accounts in abstract, and shall,
Section 203Inspection of accounts and right of interested party to keep duplicate.—(1) The accounts of
Section 204Bar to appointment of second curator for same property.—If the Judge of any district has
Section 205Limitation of time for application for curator.—An application under this Part to the District
Section 206Bar to enforcement of Part against public settlement or
Section 207Court of Wards to be made curator in case of minors having property subject to its jurisdiction.
Section 208Saving of right to bring suit.—Nothing contained in this Part shall be any impediment to the
Section 209Effect of decision of summary proceeding.—The decision of a District Judge in a summary
Section 210Appointment of public curators.
Section 211Character and property of executor or administrator as such.—(1) The executor or
Section 212Right to intestate’s property.—(1) No right to any part of the property of a person who has
Section 213Right as executor or legatee when established.—(1) No right as executor or legatee can be
Section 214Proof of representative title a condition precedent to recovery through the Courts of debts
Section 215Effection certificate of subsequent probate or letters of administration.—(1) A grant of
Section 216Grantee of probate or administration alone to sue, etc., until same revoked.—After any
Section 217Application of Part.—Save as otherwise provided by this Act or by any other law for the time
Section 218To whom administration may be granted, where deceased is a Hindu, Muhammadan,
Section 219Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.
Section 220Effect of letters of administration.—Letters of administration entitle the administrator to all
Section 221Acts not validated by administration.—Letters of administration do not render valid any
Section 222Probate only to appointed executor.—(1) Probate shall be granted only to an executor
Section 223Persons to whom probate cannot be granted.—Probate cannot be granted to any person who
Section 224Grant of probate to several executors simultaneously or at different times.—When several
Section 225Separate probate of codicil discovered after grant of probate.—(1) If a codicil is discovered
Section 226Accrual of representation to surviving executor.—When probate has been granted to several
Section 227Effect of probate.—Probate of a will when granted establishes the will from the death of the
Section 228Administration, with copy annexed, of authenticated copy of will proved abroad.
Section 229Grant of administration where executor has not renounced.—When a person appointed an
Section 230Form and effect of renunciation of executorship.—The renunciation may be made orally in
Section 231Procedure where executor renounces or fails to accept within time limited.—If an executor
Section 232Grant of administration to universal or residuary legatees.—When—
Section 233Right to administration of representative of deceased residuary legatee.—When a residuary
Section 234Grant of administration where no executor, nor residuary legatee nor representative of
Section 235Citation before grant of administration to legatee other than universal or residuary.—
Section 236To whom administration may not be granted.—Letters of administration cannot be granted to
Section 237Probate of copy or draft of lost will.—When a will has been lost or mislaid since the
Section 238Probate of contents or lost of destroyed will.—When a will has been lost or destroyed and no
Section 239Probate of copy where original exists.—When the will is in the possession of a person residing
Section 240Administration until will produced.
Section 241Administration, with will annexed, to attorney of absent executor.—When any executor
Section 242Administration, with will annexed to attorney of a absent person who, if present, would be
Section 243Administration to attorney of absent person entitled to administer in case of intestacy.—
Section 244Administration during minority of sole executor or residuary legatee.—When a minor is
Section 245Administration during minority of several executors or residuary legatee.—When there are
Section 246Administration for use and benefit of lunatic or minor.—If a sole executor or a sole universal
Section 247Administration pendente lite.—Pending any suit touching the validity of the will of a deceased
Section 248Probate limited to purpose specified in will.—If an executorappointed for any limited
Section 249Administration, with will annexed, limited to particular purpose.—If an executor appointed
Section 250Administration limited to property in which person has beneficial interest.—Where a
Section 251Administration limited to suit.—When it is necessary that the representative of a person
Section 252Administration limited to purpose of becoming party to suit to be brought against
Section 253Administration limited to collection and preservation of deceased’s property.—In any case
Section 254Appointment, as administrator, of person other than one who, in ordinary circumstances,
Section 255Probate or administration, with will annexed, subject to exception.—Whenever the nature of
Section 256Administration with exception.—Whenever the nature of the case requires that an exception be
Section 257Probate or administration of rest.—Whenever a grant with exception of probate, or of letters
Section 258Grant of effects unadministered.—If an executor to whom probate has been granted has died,
Section 259Rules as to grants of effects unadministered.—In granting letters of administration of an estate
Section 260Administration when limited grant expired and still some part of estate unadministered.—
Section 261What errors may be rectified by Court.—Errors in names and descriptions, or in setting forth
Section 262Procedure where codicil discovered after grant of administration with will annexed.
Section 263Revocation or annulment for just cause.
Section 264Jurisdiction of District Judge in granting and revoking probates, etc.—(1) The District
Section 265Power to appoint delegate of District Judge to deal with non-contentious cases.
Section 266District Judge’s powers as to grant of probate and administration.—The District Judge shall
Section 267District Judge may order person to produce testamentary papers.—(1) The District Judge
Section 268Proceedings of District Judge’s Court in relation to probate and administration.—The
Section 269When and how District Judge to interfere for protection of property.—(1) Until probate is
Section 270When probate or administration may be granted by District Judge.—Probate of the will or
Section 271Disposal of application made to Judge of district in which deceased had no fixed abode.—
Section 272Probate and letters of administration may be granted by Delegate.—Probate and letters of
Section 273Conclusiveness of probate or letters of administration.—Probate or letters of administration
Section 274Transmission to High Courts of certificate of grants under proviso to section 273.
Section 275Conclusiveness of application for probate or administration if properly made and verified.
Section 276Petition for probate.—(1) Application for probate or for letters of administration, with the will
Section 277In what cases translation of will to be annexed to petition. Verification of translation by person
Section 278Petition for letters of administration.—(1) Application for letters of administration shall be
Section 279Addition to statement in petition, etc., for probate or letters of administration in certain cases.
Section 280Petition for probate, etc., to be signed and verified.—The petition for probate or letters of
Section 281Verification of petition for probate, by one witness to will.—Where the application is for
Section 282Punishment for false averment in petition or declaration.—If any petition or declaration
Section 283Powers of District Judge.—(1) In all cases the District Judge or District Delegate may, if he
Section 284Caveats against grant of probate or administration.—(1) Caveats against the grant of probate
Section 285After entry of caveat, no proceeding taken on petition until after notice to caveator.
Section 286District Delegate when not to grant probate or administration.—A District Delegate shall
Section 287Power to transmit statement to District Judge in doubtful cases where no contention.
Section 288Procedure where there is contention of District Delegate thinks probate or letters of
Section 289Grant of probate to be under seal of Court.—When it appears to the District Judge or District
Section 290Grant of letters of administration to be under seal of Court.—When it appears to the District
Section 291Administration-bond.—(1) Every person to whom any grant of letters of administration, other
Section 292Assignment of administration-bond.—The Court may, on application made by petition and on
Section 293Time for grant of probate and administration.—No probate of a will shall be granted until
Section 294Filing of original wills of which probate or administration with will annexed granted.
Section 295Procedure in contentious cases.—In any case before the District Judge in which there is
Section 296Surrender of revoked probate or letters of administration.—(1) When a grant of probate or
Section 297Payment to executor or administrator before probate or administration revoked.
Section 298Power to refuse letters of administration.—Notwithstanding anything hereinbefore contained,
Section 299Appeals from orders of District Judge.—Every order made by a District Judge by virtue of the
Section 300Concurrent jurisdiction of High Court.—(1) The High Court shall have concurrent
Section 301Removal of executor or administrator and provision for successor.—The High Court may,
Section 302Directions to executor or administrator.—Where probate or letters of administration in
Section 303Executor of his own wrong.—A person who intermeddles with the estate of the deceased or
Section 304Liability of executor of his own wrong.
Section 305In respect of causes of action surviving deceased and debts due at death.—An executor or
Section 306Demands and rights of action of or against deceased survive to and against executor or
Section 307Power of executor or administrator to dispose of property.—(1) Subject to the provisions of
Section 308General powers of administration.—An executor or administrator may, in addition to, and not
Section 309Commission or agency charges.—An executor or administrator shall not be entitled to receive
Section 310Purchase by executor or administrator of deceased’s property.—If any executor or
Section 311Powers of several executors or administrators exercisable by one. —When there are several
Section 312Survival of powers on death of one of several executors or administrators.—Upon the death
Section 313Powers of administrator of effects unadministered.—The administrator of effects
Section 314Powers of administrator during minority.—An administrator during minority has all the
Section 315Powers of married executrix or administratrix.
Section 316As to deceased’s funeral.—It is the duty of an executor to provide funds for the performance of
Section 317Inventory and account.—(1) An executor or administrator shall, within six months from the
Section 318Inventory to include property in any part of India in certain cases.— in all cases where a
Section 319As to property of, and debts owing to, deceased.—The executor or administrator shall collect,
Section 320Expenses to be paid before all debts.—Funeral expenses to a reasonable amount, according to
Section 321Expenses to be paid next after such expenses.—The expenses of obtaining probate or letters of
Section 322Wages for certain services to be next paid, and then other debts.—Wages due for services
Section 323Save as aforesaid, all debts to be paid equally and rateably.—Save as aforesaid, no creditor
Section 324Application of moveable property to payment of debts where domicile not in India.
Section 325Debts to be paid before legacies.—Debts of every description must be paid before any legacy.
Section 326Executor or administrator not bound to pay legacies without indemnity.—If the estate of the
Section 327Abatement of general legacies.—If the assets, after payment of debts, necessary expenses and
Section 328Non-abatement of specific legacy when assets sufficient to pay debts.—Where there is a
Section 329Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
Section 330Rateable abatement of specific legacies.—If the assets are not sufficent to answer the debtsand
Section 331Legacies treated as general for purpose of abatement.
Section 332Assent necessary to complete legatee’s title.—The assent of the executor or administrator is
Section 333Effect of executor’s assent to specific legacy.—(1) The assent of the executor oradministrator
Section 334Conditional assent.—The assent of an executor or administrator to a legacy may be conditional,
Section 335Assent of executor to his own legacy.—(1) When the executor or administrator is a legatee, his
Section 336Effect of executor’s assent.—The assent of the executor or administrator to a legacy gives
Section 337Executor when to deliver legacies.—An executor or administrator is not bound to pay or
Section 338Commencement of annuity when no time fixed by will.—Where an annuity is given by a will
Section 339When annuity, to be paid quarterly or monthly, first falls due.—Where there is a direction
Section 340Dates of successive payments when first payment directed to be made within a given time
Section 341Investment of sum bequeathed, where legacy, not specific, given for life.—Where a legacy,
Section 342Investment of general legacy, to be paid at future time: disposal of intermediate, interest.
Section 343Procedure when no fund charged with, or appropriated to, annuity.—Where an annuity is
Section 344Transfer to residuary legatee of contingent bequest.—Where a bequest is contingent, the
Section 345Investment of residue bequeathed for life, without direction to invest in particular securities.
Section 346Investment of residue bequeathed for life, with direction to invest in specified securities.
Section 347Time and manner of conversion and investment.
Section 348Procedure where minor entitled to immediate payment or possession of bequest, and no direction
Section 349Legatee’s title to produce of specific legacy.—The legatee of a specific legacy is entitled to the
Section 350Residuary legatee’s title to produce of residuary fund.—The legatee under a generalresiduary
Section 351Interest when no time fixed for payment of general legacy.—Where no time has been fixed
Section 352Interest when time fixed.—Where a time has been fixed for the payment of a general legacy,
Section 353Rate of interest.—The rate of interest shall be four per cent. per annum in all cases except when
Section 354No interest on arrears of annuity within first year after testator's death.—No interest is
Section 355Interest on sum to be invested produce annuity.—Where a sum of money is directed to be
Section 356Refund of legacy paid under Court’s orders.—When an executor or administrator has paid a
Section 357No refund if paid voluntarily.—When an executor or administrator has voluntarily paid a
Section 358Refund when legacy has become due on performance of condition within further time allowed
Section 359When each legatee compellable to refund in proportion.—When the executor or
Section 360Distribution of assets.—Where an executor or administrator has given such notices as the High
Section 361Creditor may call upon legatee to refund.—A creditor who has not received payment of his
Section 362When legatee, not satisfied or compelled to refund under section 361, cannot oblige one
Section 363When unsatisfied legatee must first proceed against executor, if solvent.—If the assets were
Section 364Limit to refunding of one legatee to another.—The refunding of one legatee to another shall
Section 365Refunding to be without interest.—The refunding shall in all cases be without interest.
Section 366Residue after usual payments to be paid to residuary legatee.—The surplus or residue of the
Section 367Transfer of assets from India to executor or administrator in country of domicile for distribution.
Section 368Liability of executor or administrator for devastation.—When an executor or administrator
Section 369Liability of executor or administrator for neglect to get any part of property.—When an
Section 370Restriction on grant of certificates under this part.—(1) A succession certificate (hereinafter
Section 371Court having jurisdiction to grant certificate.—The District Judge within whose jurisdiction
Section 372Application for certificate.—(1) Application for such a certificate shall be made to the District
Section 373Procedure on application.—(1) If the District Judge is satisfied that there is ground for
Section 374Contents of certificate.—When the District Judge grants a certificate, he shall therein specify
Section 375Requisition of security from grantee of certificate.—(1) The District Judge shall in any case
Section 376Extension of certificate.
Section 377Forms of certificate and extended certificate.—Certificates shall be granted and extensions of
Section 378Amendment of certificate in respect of powers as to securities.—Where a District Judge has
Section 379Mode of collecting court-fees on certificates.—(1) Every application for a certificate or for the
Section 380Local
Section 381Effect of certificate.—Subject to the provisions of this Part, the certificate of the District Judge
Section 382Effect of certificate granted or extended by Indian representative in Foreign State and in certain
Section 383Revocation of certificate.—A certificate granted under this Part may be revoked for any of the
Section 384Appeal.—(1) Subject to the other provisions of this Part, an appeal shall lie to the High Court
Section 385Effect on certificate of previous certificate, probate or letters of administration.—Save as
Section 386Validation of certain payments made in good faith to holder of invalid certificate.—
Section 387Effect of decisions under this Act, and liability of holder of certificate thereunder.
Section 388Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.—
Section 389Surrender of superseded and invalid certificates.—(1) When a certificate under this Part has
Section 390Provisions with respect to certificates under Bombay Regulation VIII of 1827.
Section 392[Repealed.].—Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.
Section 1925as in force in the State of Karnataka, section 265 shall be omitted.
Section 236ALaying of rules before State Legislature.
Section 33ASpecial provision where intestate has left widow and no lineal descendants.

Recently decided under this act

Indian Succession Act, 1925 — cghc010307602026_1_2026-08-2525 Aug 2026
Indian Succession Act, 1925 — cghc010246422026_1_2026-07-3030 Jul 2026
Indian Succession Act, 1925 — cghc010246422026_1_2026-07-3030 Jul 2026
Indian Succession Act, 1925 — cghc010112162025_1_2026-07-2828 Jul 2026
Indian Succession Act, 1925 — hcma010002642020_1_2026-06-2525 Jun 2026
Indian Succession Act, 1925 — gjhc240022181979_1_2026-06-2222 Jun 2026
Indian Succession Act, 1925 — cghc010246912026_1_2026-07-0817 Jun 2026
Indian Succession Act, 1925 — hphc010022822009_1_2026-06-1515 Jun 2026
Indian Succession Act, 1925 — hphc010004122008_1_2026-06-1515 Jun 2026
Indian Succession Act, 1925 — gahc010052572026_1_2026-06-0909 Jun 2026
Indian Succession Act, 1925 — hcma010163302026_1_2026-06-0808 Jun 2026
Indian Succession Act 1925 — hcma010163302026_1_2026-06-0808 Jun 2026