THE INDIAN SUCCESSION ACT, 1925
PRELIMINARY
SECTIONS
1. Short title.
2. Definitions.
PART I
PRELIMINARY
3. Power of State Government to exempt any race, sect or tribe in the State from operation of Act.
PART II
OF DOMICILE
4. Application of Part.
5. Law regulating succession to deceased person’s immoveable and moveable property, respectively.
6. One domicile only affects succession to moveables.
7. Domicile of origin of person of legitimate birth.
8. Domicile of origin of illegitimate child.
9. Continuance of domicile of origin.
10. Acquisition of new domicile.
11. Special mode of acquiring domicile in India.
12. Domicile not acquired by residence as representative of foreign Government, or as part of his
family.
13. Continuance of new domicile.
14. Minor’s domicile.
15. Domicile acquired by woman on marriage.
16. Wife’s domicile during marriage.
17. Minor’s acquisition of new domicile.
18. Lunatic’s acquisition of new domicile.
19. Succession to moveable property in India in absence of proof of domicile elsewhere.
PART III
MARRIAGE
20. Interests and powers not acquired nor lost by marriage.
21. Effect of marriage between person domiciled and one not domiciled in India.
22. Settlement of minor’s property in contemplation of marriage.
PART IV
OF CONSANGUINITY
23. Application of Part.
24. Kindred or consanguinity.
25. Lineal consanguinity.
2
SECTIONS
26. Collateral consanguinity.
27. Persons held for purpose of succession to be similarly related to deceased.
28. Mode of computing of degrees of kindred.
PART V
INTESTATE SUCCESSION
CHAPTER I.—Preliminary
29. Application of Part.
30. As to what property deceased considered to have died intestate.
CHAPTER II.—Rules in cases of Intestates other than Parsis
31. Chapter not to apply to Parsis.
32. Devolution of such property.
33. Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and
no kindred.
33A. Special provision where intestate has left widow and no lineal descendants.
34. Where intestate has left no widow, and where he has left no kindred.
35. Rights of widower.
Distribution where there are lineal descendants
36. Rules of distribution.
37. Where intestate has left child or children only.
38. Where intestate has left no child, but grandchild or grandchildren.
39. Where intestate has left only great-grandchildren or remoter lineal descendants.
40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and those
through whom the more remote are descended are dead.
Distribution where there are no lineal descendants
41. Rules of distribution where intestate has left no lineal descendants.
42. Where intestate’s father living.
43. Where intestate’s father dead, but his mother, brothers and sisters living.
44. Where intestate’s father dead and his mother, a brother or sister, and children of any deceased
brother or sister, living.
45. Where intestate’s father dead and his mother and children of any deceased brother or sister living.
46. Where intestate’s father dead, but his mother living and no brother, sister, nephew or niece.
47. Where intestate has left neither lineal descendant, nor father, nor mother.
48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.
49. Children’s advancements not brought into hotchpot.
CHAPTER III.—Special Rules for Parsi Intestates
50. General principles relating to intestate succession.
51. Division of intestate’s property among widow, widower, children and parents.
SECTIONS
53. Division of share of predeceased child of intestate leaving lineal descendants.
54. Division of property where intestate leaves no lineal descendant but leaves a widow or widower
or a widow or widower of any lineal descendant.
55. Division of property where intestate leaves neither lineal descendants nor a widow or widower
nor a widow or widower of any lineal descendant.
56. Division of property where there is no relative entitled to succeed under the other provisions of
this Chapter.
PART VI
TESTAMENTARY SUCCESSION
CHAPTER I.—Introductory
57. Application of certain provisions of Part to a class of wills made by Hindus, etc.
58. General application of Part.
CHAPTER II—Of Wills and Codicils
59. Person capable of making wills.
60. Testamentary guardian.
61. Will obtained by fraud, coercion or importunity.
62. Will may be revoked or altered.
CHAPTER III.—Of the Execution of unprivileged Wills
63. Execution of unprivileged wills.
64. Incorporation of papers by reference.
CHAPTER IV.—Of privileged Wills
65. Privileged wills.
66. Mode of making, and rules for executing, privileged wills.
CHAPTER V.—Of the Attestation, Revocation, Alteration and Revival of Wills
67. Effect of gift to attesting witness.
68. Witness not disqualified by interest or by being executor.
69. Revocation of will by testator’s marriage.
70. Revocation of unprivileged will or codicil.
71. Effect of obliteration, interlineation or alteration in unprivileged will.
72. Revocation of privileged will or codicil.
73. Revival of unprivileged will.
CHAPTER VI.—Of the construction of Wills
74. Wording of wills.
75. Inquiries to determine questions as to object or subject of will.
76. Misnomer or misdescription of object.
77. When words may be supplied.
78. Rejection of erroneous particulars in description of subject.
79. When part of description may not be rejected as erroneous.
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