Bare Acts

The Indian Succession Act, 1925

1925 · In force · synced 09 Sept 2026

I — PRELIMINARY

1.Short title 2.Definitions 3.Power of State Government to exempt any race, sect or tribe in the State from operation of Act

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

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

IV — OF CONSANGUINITY

23.Application of Part 24.Kindred or consanguinity 25.Lineal consanguinity 26.Collateral consanguinity 27.Persons held for purpose of succession to be similarly related to deceased 28.Mode of computing of degrees of kindred

I — —Preliminary

29.Application of Part 30.As to what property deceased considered to have died intestate

II — —Rules in cases of Intestates other than Parsis

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 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

I — —Introductory

57.Application of certain provisions of Part to a class of wills made by Hindus, etc 58.General application of Part

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

III — —Of the Execution of unprivileged Wills

63.Execution of unprivileged wills 64.Incorporation of papers by reference

IV — —Of privileged Wills

65.Privileged wills 66.Mode of making, and rules for executing, privileged wills

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

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 80.Extrinsic evidence admissible in cases of patent ambiguity 81.Extrinsic evidence inadmissible in case of patent ambiguity or deficiency 82.Meaning or clause to be collected from entire will 83.When words may be understood in restricted sense, and when in sense wider than usual 84.Which of two possible constructions preferred 85.No part rejected, if it can be reasonably construed 86.Interpretation of words repeated in different parts of will 87.Testator’s intention to be effectuated as far as possible 88.The last of two inconsistent clauses prevails 89.Will or bequest void for uncertainty 90.Words describing subject refer to property answering description at testator’s death 91.Power of appointment executed by general bequest 92.Implied gift to objects of power in default of appointment 93.Bequest to “heirs,” etc., of particular person without qualifying terms 94.Bequest to “representatives”, etc., of particular person 95.Bequest without words of limitation 96.Bequest in alternative 97.Effect of words describing a class added to bequest to person 98.Bequest to class of persons under general description only 99.Construction of terms 100.Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate 101.Rules of construction where will purports to make two bequests to same person 102.Constitution of residuary legatee 103.Property to which residuary legatee entitled 104.Time of vesting legacy in general terms 105.In what case legacy lapses 106.Legacy does not lapse if one of two joint legatees die before testator 107.Effect of words showing testator’s intention to give distinct shares 108.When lapsed share goes as undisposed of 109.When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s lifetime 110.Bequest to A for benefit of B does not lapse by A’s death 111.Survivorship in case of bequest to described class

VII — —Of void Bequests

112.Bequest to person by particular description, who is not in existence at testator’s death 113.Bequest to person not in existence at testator's death subject to prior bequest 114.Rule against perpetuity 115.Bequest to a class some of whom may come under rules in sections 113 and 114 116.Bequest to take effect on failure of prior bequest 117.Effect of direction for accumulation 118.Bequest to religious or charitable uses

VIII — —Of the vesting of Legacies

119.Date of vesting of legacy when payment or possession postponed 120.Date of vesting when legacy contingent upon specified uncertain event 121.Vesting of interest in bequest to such members of a class as shall have attained particular age

IX — —Of Onerous Bequests

122.Onerous bequests 123.One of two separate and independent bequests to same person may be accepted, and other refused

X — —Of Contingent Bequests

124.Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence 125.Bequest to such of certain persons as shall be surviving at some period not specified

XI — —Of Conditional Bequests

126.Bequest upon impossible condition 127.Bequest upon illegal or immoral condition 128.Fulfilment of condition precedent to vesting of legacy 129.Bequest to A and on failure of prior bequest to B 130.When second bequest not to take effect on failure of first 131.Bequest over, conditional upon happening or not happening of specified uncertain event 132.Condition must be strictly fulfilled 133.Original bequest not affected by invalidity of second 134.Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen 135.Such condition must not be invalid under section 120 136.Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over 137.Performance of condition, precedent or subsequent, within specified time. Further time In case of fraud

XII — —Of Bequests with Directions as to Application or Enjoyment

138.Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person 139.Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee 140.Bequest of fund for certain purposes, some of which cannot be fulfilled

XIII — —Of Bequests to an Executor

141.Legatee named as executor cannot take unless he shows intention to act as executor

XIV — —Of Specific Legacies

142.Specific legacy defined 143.Bequest of certain sum where stocks, etc., in which invested are described 144.Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind 145.Bequest of money where not payable until part of testator’s property disposed of in certain way 146.When enumerated articles not deemed specifically bequeathed 147.Retention, in form, of specific bequest to several persons in succession 148.Sale and investment of proceeds of property bequeathed to two or more persons in succession 149.Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies

XV — —Of Demonstrative Legacies

150.Demonstrative legacy defined 151.Order of payment when legacy directed to be paid out of fund the subject of specific legacy

XVI — —Of Ademption of Legacies

152.Ademption explained 153.Non-ademption of demonstrative legacy 154.Ademption of specific bequest of right to receive something from third party 155.Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed 156.Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specially bequeathed 157.Order of payment where portion of fund specifically bequeathed to one legatee, and legacy 158.Ademption where stock, specifically bequeathed, does not exist at testator’s death 159.Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death 160.Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal 161.When removal of thing bequeathed does not constitute ademption 162.When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it 163.Change by operation of law of subject of specific bequest between date of will and testator’s death 164.Change of subject without testator’s knowledge 165.Stock specifically bequeathed lent to third party on condition that it be replaced 166.Stock specifically bequeathed sold but replaced, and belonging to testator at his death

XVII — —Of the payment of liabilities in respect of the subject of a bequest.

167.Non-liability of executor to exonerate specific legatees 168.Completion of testator’s title to things bequeathed to be at cost of his estate 169.Exoneration of legatee’s immoveable property for which land-revenue or rent payable periodically 170.Exoneration of specific legatee’s stock in joint-stock company

XVIII — —Of Bequests of Things described in General Terms

171.Bequest of thing described in general terms

XIX — —Of Bequests of the Interest or Produce of a Fund

172.Bequest of interest or produce of fund

XX — —Of Bequests of Annuities

173.Annuity created by will payable for life only unless contrary intention appears by will 174.Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity 175.Abatement of annuity 176.Where gift of annuity and residuary gift, whole annuity to be first satisfied

XXI — —Of Legacies to creditors and Portioners

177.Creditor prima facie entitled to legacy as well as debt 178.Child prima facie entitled to legacy as well as portion 179.No ademption by-subsequent provision for legatee 180.Circumstances in which election takes place 181.Devolution of interest relinquished by owner 182.Testator’s belief as to his ownership immaterial 183.Bequest for man’s benefit how regarded for purpose of election 184.Person deriving benefit indirectly not put to election 185.Person taking in individual capacity under will may in other character elect to take in opposition 186.Exception to provisions of last six sections 187.When acceptance of benefit given by will constitutes election to take under will 188.Circumstances in which knowledge or waiver is presumed or inferred 189.When testator’s representatives may call upon legatee to elect 190.Postponement of election in case of disability

XXIII — —Of Gifts in Contemplation of Death

191.Property transferable by gift made in contemplation of death

VII — PROTECTION OF PROPERTY OF DECEASED

192.Person claiming right by succession to property of deceased may apply for relief against wrongful possession 193.Inquiry made by Judge 194.Procedure 195.Appointment of curator pending determination of proceeding 196.Powers conferrable on curator 197.Prohibition of exercise of certain powers by curators 198.Curator to give security and may receive remuneration 199.Report from Collector where estate includes revenue paying land 200.Institution and defence of suits 201.Allowances to apparent owners pending custody by curator 202.Accounts to be filed by curator 203.Inspection of accounts and right of interested party to keep duplicate 204.Bar to appointment of second curator for same property 205.Limitation of time for application for curator 206.Bar to enforcement of Part against public settlement or legal directions by deceased 207.Court of Wards to be made curator in case of minors having property subject to its jurisdiction 208.Saving of right to bring suit 209.Effect of decision of summary proceeding 210.Appointment of public curators

VIII — REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION

211.Character and property of executor or administrator as such 212.Right to intestate’s property 213.[Right as executor or legatee when established.]214.Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons 215.Effection certificate of subsequent probate or letters of administration 216.Grantee of probate or administration alone to sue, etc., until same revoked

IX — PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED

217.Application of Part

I — —Of Grant of Probate and Letters of Administration

218.To whom administration may be granted, where deceased is a Hindu, Muhammadan, Budhist, Sikh, Jaina or exempted person 219.Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person 220.Effect of letters of administration 221.Acts not validated by administration 222.Probate only to appointed executor 223.Persons to whom probate cannot be granted 224.Grant of probate to several executors simultaneously or at different times 225.Separate probate of codicil discovered after grant of probate 226.Accrual of representation to surviving executor 227.Effect of probate 228.Administration, with copy annexed, of authenticated copy of will proved abroad 229.Grant of administration where executor has not renounced 230.Form and effect of renunciation of executorship 231.Procedure where executor renounces or fails to accept within time limited 232.Grant of administration to universal or residuary legatees 233.Right to administration of representative of deceased residuary legatee 234.Grant of administration where no executor, nor residuary legatee nor representative of such legatee 235.Citation before grant of administration to legatee other than universal or residuary 236.To whom administration may not be granted 236A.Laying of rules before State Legislature

II — —Of Limited Grants

237.Probate of copy or draft of lost will 238.Probate of contents or lost of destroyed will 239.Probate of copy where original exists 240.Administration until will produced 241.Administration, with will annexed, to attorney of absent executor 242.Administration, with will annexed to attorney of a absent person who, if present, would be entitled to administer 243.Administration to attorney of absent person entitled to administer in case of intestacy 244.Administration during minority of sole executor or residuary legatee 245.Administration during minority of several executors or residuary legatee 246.Administration for use and benefit of lunatic or minor 247.Administration pendente lite 248.Probate limited to purpose specified in will 249.Administration, with will annexed, limited to particular purpose 250.Administration limited to property in which person has beneficial interest 251.Administration limited to suit 252.Administration limited to purpose of becoming party to suit to be brought against administrator 253.Administration limited to collection and preservation of deceased’s property 254.Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration 255.Probate or administration, with will annexed, subject to exception 256.Administration with exception 257.Probate or administration of rest 258.Grant of effects unadministered 259.Rules as to grants of effects unadministered 260.Administration when limited grant expired and still some part of estate unadministered

III — —Alteration and Revocation of Grants

261.What errors may be rectified by Court 262.Procedure where codicil discovered after grant of administration with will annexed 263.Revocation or annulment for just cause

IV — —Of the Practice in granting and revoking Probates and Letters of Administration

264.Jurisdiction of District Judge in granting and revoking probates, etc 265.Power to appoint delegate of District Judge to deal with non-contentious cases 266.District Judge’s powers as to grant of probate and administration 267.District Judge may order person to produce testamentary papers 268.Proceedings of District Judge’s Court in relation to probate and administration 269.When and how District Judge to interfere for protection of property 270.When probate or administration may be granted by District Judge 271.Disposal of application made to Judge of district in which deceased had no fixed abode 272.Probate and letters of administration may be granted by Delegate 273.Conclusiveness of probate or letters of administration 274.Transmission to High Courts of certificate of grants under proviso to section 273 275.Conclusiveness of application for probate or administration if properly made and verified 276.Petition for probate 277.In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator 278.Petition for letters of administration 279.Addition to statement in petition, etc., for probate or letters of administration in certain cases 280.Petition for probate, etc., to be signed and verified 281.Verification of petition for probate, by one witness to will 282.Punishment for false averment in petition or declaration 283.Powers of District Judge 284.Caveats against grant of probate or administration 285.After entry of caveat, no proceeding taken on petition until after notice to caveator 286.District Delegate when not to grant probate or administration 287.Power to transmit statement to District Judge in doubtful cases where no contention 288.Procedure where there is contention of District Delegate thinks probate or letters of administration should be refused in his Court 289.Grant of probate to be under seal of Court 290.Grant of letters of administration to be under seal of Court 291.Administration-bond 292.Assignment of administration-bond 293.Time for grant of probate and administration 294.Filing of original wills of which probate or administration with will annexed granted 295.Procedure in contentious cases 296.Surrender of revoked probate or letters of administration 297.Payment to executor or administrator before probate or administration revoked 298.Power to refuse letters of administration 299.Appeals from orders of District Judge 300.Concurrent jurisdiction of High Court 301.Removal of executor or administrator and provision for successor 302.Directions to executor or administrator

V — —Of Executors of their own Wrong

303.Executor of his own wrong 304.Liability of executor of his own wrong

VI — —Of the Powers of an Executor or Administrator

305.In respect of causes of action surviving deceased and debts due at death 306.Demands and rights of action of or against deceased survive to and against executor or administrator 307.Power of executor or administrator to dispose of property 308.General powers of administration 309.Commission or agency charges 310.Purchase by executor or administrator of deceased’s property 311.Powers of several executors or administrators exercisable by one 312.Survival of powers on death of one of several executors or administrators 313.Powers of administrator of effects unadministered 314.Powers of administrator during minority 315.Powers of married executrix or administratrix

VII — —Of the Duties of an Executor or Administrator

316.As to deceased’s funeral 317.Inventory and account 318.Inventory to include property in any part of India in certain cases 319.As to property of, and debts owing to, deceased 320.Expenses to be paid before all debts 321.Expenses to be paid next after such expenses 322.Wages for certain services to be next paid, and then other debts 323.Save as aforesaid, all debts to be paid equally and rateably 324.Application of moveable property to payment of debts where domicile not in India 325.Debts to be paid before legacies 326.Executor or administrator not bound to pay legacies without indemnity 327.Abatement of general legacies 328.Non-abatement of specific legacy when assets sufficient to pay debts 329.Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses 330.Rateable abatement of specific legacies 331.Legacies treated as general for purpose of abatement

VIII — —Of assent to a legacy by Executor or Administrator

332.Assent necessary to complete legatee’s title 333.Effect of executor’s assent to specific legacy 334.Conditional assent 335.Assent of executor to his own legacy 336.Effect of executor’s assent 337.Executor when to deliver legacies

IX — —Of the Payment and Apportionment of Annuities

338.Commencement of annuity when no time fixed by will 339.When annuity, to be paid quarterly or monthly, first falls due 340.Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment

X — —Of the Investment of Funds to Provide for Legacies

341.Investment of sum bequeathed, where legacy, not specific, given for life 342.Investment of general legacy, to be paid at future time: disposal of intermediate, interest 343.Procedure when no fund charged with, or appropriated to, annuity 344.Transfer to residuary legatee of contingent bequest 345.Investment of residue bequeathed for life, without direction to invest in particular securities 346.Investment of residue bequeathed for life, with direction to invest in specified securities 347.Time and manner of conversion and investment 348.Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf

XI — —Of the Produce and Interest of Legacies

349.Legatee’s title to produce of specific legacy 350.Residuary legatee’s title to produce of residuary fund 351.Interest when no time fixed for payment of general legacy 352.Interest when time fixed 353.Rate of interest 354.No interest on arrears of annuity within first year after testator’s death 355.Interest on sum to be invested produce annuity

XII — —Of the Refunding of Legacies

356.Refund of legacy paid under Court’s orders 357.No refund if paid voluntarily 358.Refund when legacy has become due on performance of condition within further time allowed under section 137 359.When each legatee compellable to refund in proportion 360.Distribution of assets 361.Creditor may call upon legatee to refund 362.When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund 363.When unsatisfied legatee must first proceed against executor, if solvent 364.Limit to refunding of one legatee to another 365.Refunding to be without interest 366.Residue after usual payments to be paid to residuary legatee 367.Transfer of assets from India to executor or administrator in country of domicile for distribution

XIII — —Of the Liability of an Executor or Administrator for Devastation

368.Liability of executor or administrator for devastation 369.Liability of executor or administrator for neglect to get any part of property

X — SUCCESSION CERTIFICATES

370.Restriction on grant of certificates under this part 371.Court having jurisdiction to grant certificate 372.Application for certificate 373.Procedure on application 374.Contents of certificate 375.Requisition of security from grantee of certificate 376.Extension of certificate 377.Forms of certificate and extended certificate 378.Amendment of certificate in respect of powers as to securities 379.Mode of collecting court-fees on certificates 380.Local extent of certificate 381.Effect of certificate 382.Effect of certificate granted or extended by Indian representative in foreign State and in certain other cases 383.Revocation of certificate 384.Appeal 385.Effect on certificate of previous certificate, probate or letters of administration 386.Validation of certain payments made in good faith to holder of invalid certificate 387.Effect of decisions under this Act, and liability of holder of certificate thereunder 388.Investiture of inferior courts with jurisdiction of District Court for purposes of this Act 389.Surrender of superseded and invalid certificates 390.Provisions with respect to certificates under Bombay Regulation VIII of 1827

XI — MISCELLANEOUS

392.[Repeals]

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