THE INDIAN SUCCESSION ACT, 1925

PREAMBLE

What is the subject matter of the Indian Succession Act, 1925?

Consolidation of the law applicable to intestate and testamentary succession.

What is the Act number of the Indian Succession Act, 1925?

Act No. 39 of 1925.

When was the Indian Succession Act, 1925 enacted?

30th September, 1925.

What was the object of enacting the Indian Succession Act, 1925?

To consolidate the law applicable to intestate and testamentary succession.

PART I

PRELIMINARY

What is the subject matter of Section 1?

Short title.

What is the short title of this Act?

The Indian Succession Act, 1925.

What is the subject matter of Section 2?

Definitions.

What is the definition of "administrator" under clause (a) of Section 2?

A person appointed by competent authority to administer the estate of a deceased person when there is no executor.

What is the definition of "codicil" under clause (b) of Section 2?

An instrument made in relation to a Will explaining, altering or adding to its dispositions.

What is the legal effect of a codicil under clause (b) of Section 2?

It shall be deemed to form part of the Will.

What is the definition of "District Judge" under clause (bb) of Section 2?

The Judge of a Principal Civil Court of original jurisdiction.

What is the definition of "executor" under clause (c) of Section 2?

A person to whom the execution of the last Will of a deceased person is, by the testator's appointment, confided.

What is the definition of "India" under clause (cc) of Section 2?

The territory of India excluding the State of Jammu and Kashmir.

What is the definition of "Indian Christian" under clause (dd) of Section 2?

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.

What is the definition of "minor" and "minority" under clause (e) of Section 2?

"Minor" means a person subject to the Indian Majority Act, 1875 who has not attained majority within the meaning of that Act, and any other person who has not completed eighteen years of age; "minority" means the status of such person.

What is the definition of "probate" under clause (f) of Section 2?

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.

What is included in the definition of "State" under clause (g) of Section 2?

Any division of India having a court of the last resort.

What is the definition of "Will" under clause (h) of Section 2?

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.

What is the subject matter of Section 3?

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

Who may exempt any race, sect or tribe from the operation of specified provisions of this Act under Section 3(1)?

The State Government.

How may the State Government grant exemption under Section 3(1)?

By notification in the Official Gazette.

What is the nature of an exemption under Section 3(1)?

It may be granted retrospectively from the sixteenth day of March, 1865 or prospectively.

Which provisions of the Act may be exempted under Section 3(1)?

Sections 5 to 49, 58 to 191, 212, 213 and 215 to 369.

Who may be exempted under Section 3(1)?

Members of any race, sect or tribe in the State, or any part thereof.

Under what condition may the State Government grant exemption under Section 3(1)?

When it considers it impossible or inexpedient to apply the specified provisions or any of them.

Who may revoke an exemption order under Section 3(2)?

The State Government.

How may an exemption order be revoked under Section 3(2)?

By notification in the Official Gazette.

What is the effect of revocation of an exemption order under Section 3(2)?

The revocation shall not have retrospective effect.

Who are "exempted persons" under Section 3(3)?

Persons exempted under Section 3 or under section 332 of the Indian Succession Act, 1865 from the operation of any of its provisions.

PART II

OF DOMICILE

What is the subject matter of Section 4?

Application of Part.

To whom does this Part not apply under Section 4?

A deceased who was a Hindu, Muhammadan, Buddhist, Sikh or Jaina.

What is the subject matter of Section 5?

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

Which law regulates succession to the immoveable property in India of a deceased person under Section 5(1)?

The law of India, irrespective of the deceased's domicile at the time of death.

Which law regulates succession to the moveable property of a deceased person under Section 5(2)?

The law of the country in which the deceased had his domicile at the time of death.

What is the subject matter of Section 6?

One domicile only affects succession to moveables.

How many domiciles can a person have for the purpose of succession to moveable property under Section 6?

Only one domicile.

What is the subject matter of Section 7?

Domicile of origin of person of legitimate birth.

How is the domicile of origin of a person of legitimate birth determined under Section 7?

By the country in which the father was domiciled at the time of the person's birth.

How is the domicile of origin of a posthumous legitimate child determined under Section 7?

By the country in which the father was domiciled at the time of the father's death.

What is the subject matter of Section 8?

Domicile of origin of illegitimate child.

How is the domicile of origin of an illegitimate child determined under Section 8?

By the country in which the mother was domiciled at the time of the child's birth.

What is the subject matter of Section 9?

Continuance of domicile of origin.

Until when does the domicile of origin continue under Section 9?

Until a new domicile has been acquired.

What is the subject matter of Section 10?

Acquisition of new domicile.

How does a man acquire a new domicile under Section 10?

By taking up his fixed habitation in a country other than that of his domicile of origin.

What does the Explanation to Section 10 provide regarding fixed habitation in India?

A man is not deemed to have taken up his fixed habitation in India merely by residing therein in the civil, military, naval or air force service of Government or in the exercise of any profession or calling.

What is the subject matter of Section 11?

Special mode of acquiring domicile in India.

How may a person acquire a domicile in India under Section 11?

By making and depositing in an office appointed by the State Government a written declaration under his hand expressing his desire to acquire such domicile.

What is the condition for acquiring a domicile in India under Section 11?

The person must have been resident in India for one year immediately preceding the declaration.

What is the subject matter of Section 12?

Domicile not acquired by residence as representative of foreign Government, or as part of his family.

What is the effect of residence in another country as an ambassador, consul or other representative of a foreign Government under Section 12?

Such residence alone does not acquire a domicile in that country.

What is the effect of residence with an ambassador, consul or other representative as a member of his family or servant under Section 12?

Such residence alone does not acquire a domicile in that country.

What is the subject matter of Section 13?

Continuance of new domicile.

Until when does a new domicile continue under Section 13?

Until the former domicile has been resumed or another has been acquired.

What is the subject matter of Section 14?

Minor's domicile.

How is a minor's domicile determined under Section 14?

It follows the domicile of the parent from whom the minor derived his domicile of origin.

When does a minor's domicile not change with that of the parent under the Exception to Section 14?

When the minor is married, holds any office or employment in the service of Government, or has set up, with the parent's consent, a distinct business.

What is the subject matter of Section 15?

Domicile acquired by woman on marriage.

What domicile does a woman acquire on marriage under Section 15?

The domicile of her husband, if she did not have the same domicile before.

What is the subject matter of Section 16?

Wife's domicile during marriage.

How is a wife's domicile determined during marriage under Section 16?

It follows the domicile of her husband.

When does a wife's domicile cease to follow that of her husband under the Exception to Section 16?

When they are separated by the sentence of a competent Court or when the husband is undergoing a sentence of transportation.

What is the subject matter of Section 17?

Minor's acquisition of new domicile.

How may a minor acquire a new domicile under Section 17?

A minor cannot acquire a new domicile except as otherwise provided in this Part.

What is the subject matter of Section 18?

Lunatic's acquisition of new domicile.

How may an insane person acquire a new domicile under Section 18?

Only by his domicile following the domicile of another person.

What is the subject matter of Section 19?

Succession to moveable property in India in absence of proof of domicile elsewhere.

Which law regulates succession to moveable property in India where no domicile elsewhere is proved under Section 19?

The law of India.

PART III

MARRIAGE

What is the subject matter of Section 20?

Interests and powers not acquired nor lost by marriage.

What is the effect of marriage on a person's interest in the property of the spouse under Section 20(1)?

No person acquires any interest in the property of the person whom he or she marries by marriage.

What is the effect of marriage on a person's powers over his or her own property under Section 20(1)?

No person becomes incapable of doing any act in respect of his or her own property which he or she could have done if unmarried.

To which marriages does Section 20 not apply under Section 20(2)?

Marriages contracted before the first day of January, 1866.

To which marriages is Section 20 inapplicable and deemed never to have applied under Section 20(2)?

Marriages where one or both parties professed the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion at the time of marriage.

What is the subject matter of Section 21?

Effect of marriage between person domiciled and one not domiciled in India.

What is the effect of marriage between a person not domiciled in India and a person domiciled in India under Section 21?

Neither party acquires by the marriage any rights in the other's property, not comprised in a pre-marriage settlement, beyond those that would arise if both were domiciled in India at the time of marriage.

What is the subject matter of Section 22?

Settlement of minor's property in contemplation of marriage.

Who may settle a minor's property in contemplation of marriage under Section 22(1)?

The minor with the approbation of the father, or if the father is dead or absent from India, with the approbation of the High Court.

What is the exception under Section 22(2)?

Sections 21 and 22 do not apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.

PART IV

OF CONSANGUINITY

What is the subject matter of Section 23?

Application of Part.

To which wills does this Part not apply under Section 23?

Wills made before 1 January 1866.

To which intestacies does this Part not apply under Section 23?

Intestacies occurring before 1 January 1866.

To whose intestate or testamentary succession does this Part not apply under Section 23?

Succession to the property of a Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi.

What is the subject matter of Section 24?

Kindred or consanguinity.

What is kindred or consanguinity under Section 24?

The connection or relation of persons descended from the same stock or common ancestor.

What is the subject matter of Section 25?

Lineal consanguinity.

What is lineal consanguinity under Section 25(1)?

The relationship between two persons where one is descended in a direct line from the other.

What constitutes a degree in lineal consanguinity under Section 25(2)?

Every generation constitutes one ascending or descending degree.

In which degree is a father or son related under Section 25(3)?

The first degree.

In which degree is a grandfather or grandson related under Section 25(3)?

The second degree.

In which degree is a great-grandfather or great-grandson related under Section 25(3)?

The third degree.

What is the subject matter of Section 26?

Collateral consanguinity.

What is collateral consanguinity under Section 26(1)?

The relationship between persons descended from the same stock or ancestor, neither being descended in a direct line from the other.

How are degrees of collateral kindred computed under Section 26(2)?

By reckoning upwards from the deceased to the common ancestor and then downwards to the collateral relative, counting one degree for each person ascending and descending.

What is the subject matter of Section 27?

Persons held for purpose of succession to be similarly related to deceased.

What distinction is abolished under Section 27(a)?

The distinction between relatives through the father and relatives through the mother.

What distinction is abolished under Section 27(b)?

The distinction between relatives of the full blood and relatives of the half blood.

How are persons conceived but not born at the deceased's death treated under Section 27(c)?

They are treated as similarly related if subsequently born alive.

What is the subject matter of Section 28?

Mode of computing degrees of kindred.

How are degrees of kindred computed under Section 28?

In the manner set forth in the Table of Kindred in Schedule I.

PART V

INTESTATE SUCCESSION

CHAPTER I

PRELIMINARY

What is the subject matter of Section 29?

Application of Part.

To which intestacies and property does this Part not apply under Section 29(1)?

Any intestacy occurring before the first day of January, 1866, or the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.

What is the effect of Section 29(2)?

Subject to sub-section (1) and any other law for the time being in force, this Part constitutes the law of India in all cases of intestacy.

What is the subject matter of Section 30?

As to what property deceased considered to have died intestate.

When is a person deemed to die intestate in respect of property under Section 30?

In respect of all property of which he has not made a testamentary disposition capable of taking effect.

CHAPTER II

RULES IN CASES OF INTESTATES OTHER THAN PARSIS

What is the subject matter of Section 31?

Chapter not to apply to Parsis.

To whom does this Chapter not apply under Section 31?

Parsis.

What is the subject matter of Section 32?

Devolution of such property.

Upon whom does the property of an intestate devolve under Section 32?

Upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules contained in this Chapter.

What is the subject matter of Section 33?

Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.

What is the widow's share where the intestate leaves a widow and lineal descendants under clause (a) of Section 33?

One-third of the property.

How is the remaining property distributed where the intestate leaves a widow and lineal descendants under clause (a) of Section 33?

Two-thirds shall go to the lineal descendants according to the rules contained in this Chapter.

What is the widow's share where the intestate leaves no lineal descendant but leaves kindred under clause (b) of Section 33?

One-half of the property, save as provided by Section 33A.

How is the remaining property distributed where the intestate leaves no lineal descendant but leaves kindred under clause (b) of Section 33?

One-half shall go to the kindred in the order and according to the rules contained in this Chapter.

What is the widow's share where the intestate leaves no kindred under clause (c) of Section 33?

The whole of the property.

What is the subject matter of Section 33A?

Special provision where intestate has left widow and no lineal descendants.

What is the widow's entitlement where the intestate leaves no lineal descendants and the nett value of the property does not exceed five thousand rupees under Section 33A(1)?

The whole of the property.

What is the widow entitled to where the nett value of the property exceeds five thousand rupees under Section 33A(2)?

Five thousand rupees out of the property.

What charge is created in favour of the widow under Section 33A(2)?

A charge upon the whole property for five thousand rupees with interest at 4% per annum from the date of the intestate's death until payment.

What is the effect of the provision made for the widow under Section 33A(3)?

It is in addition to and without prejudice to her interest and share in the residue of the estate.

How is the residue of the estate distributed under Section 33A(3)?

In accordance with Section 33 as if the residue were the whole property of the intestate.

How is the nett value of the property ascertained under Section 33A(4)?

By deducting from the gross value all debts, funeral expenses, administration expenses and all other lawful liabilities and charges.

To whose property does Section 33A not apply under clause (a)(i) of Section 33A(5)?

The property of any Indian Christian.

To whose property does Section 33A not apply under clause (a)(ii) of Section 33A(5)?

The property of any child or grandchild of a male person who is or was at the time of his death an Indian Christian.

To whose property does Section 33A not apply under clause (a)(iii) of Section 33A(5)?

The property of any person professing the Hindu, Buddhist, Sikh or Jaina religion whose succession is regulated by Section 24 of the Special Marriage Act, 1872.

Under what condition does Section 33A apply under clause (b) of Section 33A(5)?

Only where the deceased dies intestate in respect of all his property.

What is the subject matter of Section 34?

Where intestate has left no widow, and where he has left no kindred.

Upon whom does the property devolve where the intestate leaves no widow under Section 34?

Upon his lineal descendants or, if none, upon his kindred not being lineal descendants, according to the rules contained in this Chapter.

Upon whom does the property devolve where the intestate leaves no kindred under Section 34?

The Government.

What is the subject matter of Section 35?

Rights of widower.

What rights does a husband surviving his intestate wife have under Section 35?

The same rights in respect of her property as a widow has in respect of her husband's property if he dies intestate.

What is the subject matter of Section 36?

Rules of distribution.

Which provisions contain the rules for distribution of an intestate's property among lineal descendants under Section 36?

Sections 37 to 40.

From what property are the rules under Section 36 applied?

The property remaining after deducting the widow's share, if any.

What is the subject matter of Section 37?

Where intestate has left child or children only.

When does Section 37 apply?

Where the intestate leaves a surviving child or children but no more remote lineal descendant through a deceased child.

How is the property distributed where only one surviving child is left under Section 37?

The whole property belongs to the surviving child.

How is the property distributed where more than one surviving child is left under Section 37?

It is equally divided among all the surviving children.

What is the subject matter of Section 38?

Where intestate has left no child, but grandchild or grandchildren.

When does Section 38 apply?

Where the intestate leaves no surviving child but leaves a grandchild or grandchildren and no more remote descendant through a deceased grandchild.

How is the property distributed where only one surviving grandchild is left under Section 38?

The whole property belongs to the surviving grandchild.

How is the property distributed where more than one surviving grandchild is left under Section 38?

It is equally divided among all the surviving grandchildren.

What is the subject matter of Section 39?

Where intestate has left only great-grandchildren or remoter lineal descendants.

When does Section 39 apply?

Where the intestate has left only great-grandchildren or remoter lineal descendants.

Upon whom does the property devolve under Section 39?

The surviving lineal descendants nearest in degree to the intestate.

What is the subject matter of Section 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.

When does Section 40(1) apply?

Where the intestate leaves lineal descendants not all in the same degree of kindred and the persons through whom the more remote descendants are descended are dead.

How are the shares determined under Section 40(1)?

The property is divided into as many equal shares as the number of lineal descendants who were in the nearest degree of kindred at the intestate's death or who predeceased the intestate leaving surviving lineal descendants.

To whom is a share allotted under Section 40(2)?

To each lineal descendant in the nearest degree of kindred surviving the intestate and in respect of each deceased lineal descendant who left surviving lineal descendants.

Who takes the share allotted in respect of a deceased lineal descendant under Section 40(2)?

His surviving child, children or more remote lineal descendants, as the case may be.

How do the surviving descendants of a deceased lineal descendant take under Section 40(2)?

They take the share which their parent or parents would have been entitled to if they had survived the intestate.

What is the subject matter of Section 41?

Rules of distribution where intestate has left no lineal descendants.

When do the rules contained in Sections 42 to 48 apply under Section 41?

Where the intestate has left no lineal descendants.

From what property are the rules under Section 41 applied?

The property remaining after deducting the widow's share, if any.

Which provisions contain the rules for distribution under Section 41?

Sections 42 to 48.

What is the subject matter of Section 42?

Where intestate's father living.

Who succeeds to the property where the intestate's father is living under Section 42?

The father.

What is the subject matter of Section 43?

Where intestate's father dead, but his mother, brothers and sisters living.

When does Section 43 apply?

Where the intestate's father is dead, the mother and brothers or sisters are living, and no child of any deceased brother or sister is living.

How is the property distributed under Section 43?

The mother and each living brother or sister succeed in equal shares.

What is the subject matter of Section 44?

Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.

When does Section 44 apply?

Where the intestate's father is dead, the mother is living, any brother or sister is living, and the child or children of any deceased brother or sister are living.

Who is entitled to succeed to the property under Section 44?

The mother, each living brother or sister, and the living child or children of each deceased brother or sister.

How are the shares distributed under Section 44?

The mother, each living brother or sister, and the branch of each deceased brother or sister take equal shares.

How do the children of a deceased brother or sister take their share under Section 44?

They take in equal shares only the share which their respective parent would have taken if living at the intestate's death.

What is the subject matter of Section 45?

Where intestate's father dead and his mother and children of any deceased brother or sister living.

When does Section 45 apply?

Where the intestate's father is dead, the mother is living, all the brothers and sisters are dead, and any of them has left child or children surviving the intestate.

Who is entitled to succeed to the property under Section 45?

The mother and the child or children of each deceased brother or sister.

How are the shares distributed under Section 45?

The mother and the branch of each deceased brother or sister take equal shares.

How do the children of a deceased brother or sister take their share under Section 45?

They take in equal shares only the share which their respective parent would have taken if living at the intestate's death.

What is the subject matter of Section 46?

Where intestate's father dead, but his mother living and no brother, sister, nephew or niece.

When does Section 46 apply?

Where the intestate's father is dead, the mother is living, and there is no brother, sister or child of any brother or sister of the intestate.

Who succeeds to the property under Section 46?

The mother.

What is the subject matter of Section 47?

Where intestate has left neither lineal descendant, nor father, nor mother.

When does Section 47 apply?

Where the intestate has left neither lineal descendant, nor father, nor mother.

Who succeeds to the property under Section 47?

The brothers and sisters and the child or children of such of them as died before the intestate.

How are the shares distributed under Section 47?

The brothers, sisters and the branch of each deceased brother or sister take equal shares.

How do the children of a deceased brother or sister take their share under Section 47?

They take in equal shares only the share which their respective parent would have taken if living at the intestate's death.

What is the subject matter of Section 48?

Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.

When does Section 48 apply?

Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister.

Who succeeds to the property under Section 48?

The relatives in the nearest degree of kindred to the intestate.

How is the property distributed under Section 48?

Equally among the relatives in the nearest degree of kindred.

What is the subject matter of Section 49?

Children's advancements not brought into hotchpot.

What is the effect of advancements made by an intestate to a child under Section 49?

Money or property paid, given or settled by the intestate for the advancement of a child shall not be taken into account in estimating the distributive share claimed by that child or the child's descendant.

CHAPTER III

SPECIAL RULES FOR PARSI INTESTATES

What is the subject matter of Section 50?

General principles relating to intestate succession.

What principle regarding children in the womb applies to intestate succession among Parsis under clause (a) of Section 50?

No distinction is made between persons born during the lifetime of the deceased and those conceived before but born alive after the deceased's death.

Which deceased lineal descendant is ignored for determining distribution under clause (b) of Section 50?

A lineal descendant who died during the intestate's lifetime without leaving a widow or widower, any lineal descendant, or a widow or widower of any lineal descendant.

What is the effect of remarriage of the widow or widower of a relative during the intestate's lifetime under clause (c) of Section 50?

Such widow or widower is not entitled to any share in the intestate's property and is deemed not to be existing at the intestate's death.

What is the subject matter of Section 51?

Division of intestate's property among widow, widower, children and parents.

How is the property divided where a Parsi dies intestate leaving a widow or widower and children under clause (a) of Section 51(1)?

The widow or widower and each child receive equal shares.

How is the property divided where a Parsi dies intestate leaving children but no widow or widower under clause (b) of Section 51(1)?

The children receive equal shares.

How is the property divided where a Parsi dies intestate leaving one or both parents in addition to children or widow or widower and children under Section 51(2)?

Each parent receives a share equal to half the share of each child.

What is the subject matter of Section 53?

Division of share of predeceased child of intestate leaving lineal descendants.

When does Section 53 apply?

Where a Parsi dies leaving a lineal descendant and a child of the intestate predeceased the intestate.

How is the share of a predeceased son divided under clause (a) of Section 53?

His widow and children take shares as if he had died immediately after the intestate's death.

How is the residue of the share of a predeceased son distributed under the proviso to clause (a) of Section 53?

Where he leaves a widow or widow of a lineal descendant but no lineal descendant, the residue is distributed as the intestate's property under this Chapter, without taking the deceased son into account.

How is the share of a predeceased daughter divided under clause (b) of Section 53?

Equally among her children.

How is the share of a child of a predeceased child who also predeceased the intestate divided under clause (c) of Section 53?

In accordance with clause (a) or clause (b), as the case may be.

How are the provisions applied where a remoter lineal descendant predeceased the intestate under clause (d) of Section 53?

Clause (c) applies mutatis mutandis to the division of the share to which such remoter lineal descendant would have been entitled.

What is the subject matter of Section 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.

When does Section 54 apply?

Where a Parsi dies intestate leaving no lineal descendant but leaving a widow or widower or a widow or widower of a lineal descendant.

What share does the widow or widower receive where there is no widow or widower of a lineal descendant under clause (a) of Section 54?

One-half of the property.

How is the property divided where the intestate leaves a widow or widower and also a widow or widower of a lineal descendant under clause (b) of Section 54?

The widow or widower receives one-third of the property and the widow or widower of the lineal descendant receives one-third.

How is the one-third share distributed where there is more than one widow or widower of lineal descendants under clause (b) of Section 54?

It is divided equally among them.

What share does the widow or widower of a lineal descendant receive where the intestate leaves no widow or widower but one widow or widower of a lineal descendant under clause (c) of Section 54?

One-third of the property.

How is the property divided where the intestate leaves no widow or widower but more than one widow or widower of lineal descendants under clause (c) of Section 54?

Two-thirds of the property is divided equally among such widows or widowers of lineal descendants.

How is the residue distributed under clause (d) of Section 54?

Among the relatives of the intestate in the order specified in Part I of Schedule II, giving preference according to the order therein, with males and females in the same degree of propinquity receiving equal shares.

How is the residue distributed where no relative is entitled under clause (d) of Section 54?

The whole residue is distributed among the persons entitled to shares under Section 54 in proportion to their specified shares.

What is the subject matter of Section 55?

Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant.

When does Section 55 apply?

Where a Parsi dies leaving neither lineal descendants nor a widow or widower nor a widow or widower of any lineal descendant.

Who succeeds to the whole property under Section 55?

The next-of-kin in the order set forth in Part II of Schedule II.

How is preference among next-of-kin determined under Section 55?

The next-of-kin standing first in Part II of Schedule II is preferred to those standing second, the second to the third, and so on in succession.

How are shares distributed among persons in the same degree of propinquity under Section 55?

Each male and female standing in the same degree of propinquity receives equal shares.

What is the subject matter of Section 56?

Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.

When does Section 56 apply?

Where no relative is entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate.

Who succeeds to the property under Section 56?

The intestate's relatives in the nearest degree of kindred.

How is the property distributed under Section 56?

Equally among the relatives in the nearest degree of kindred.

PART VI

TESTAMENTARY SUCCESSION

CHAPTER I

INTRODUCTORY

What is the subject matter of Section 57?

Application of certain provisions of Part to a class of wills made by Hindus, etc.

Which provisions apply under Section 57?

The provisions of this Part set out in Schedule III, subject to the restrictions and modifications specified therein.

To which wills and codicils does clause (a) of Section 57 apply?

Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after 1st September, 1870 within the territories then subject to the Lieutenant-Governor of Bengal or within the ordinary original civil jurisdiction of the High Courts at Madras and Bombay.

To which wills and codicils does clause (b) of Section 57 apply?

Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina outside the territories mentioned in clause (a), so far as they relate to immoveable property situated within those territories or limits.

To which wills and codicils does clause (c) of Section 57 apply?

Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after 1st January, 1927 to which clauses (a) and (b) do not apply.

What is the effect of the proviso to Section 57?

Marriage shall not revoke any will or codicil to which Section 57 applies.

What is the subject matter of Section 58?

General application of Part.

To whose testamentary succession do the provisions of this Part not apply under Section 58(1)?

Testamentary succession to the property of any Muhammadan.

To whose testamentary succession do the provisions of this Part not apply, except as provided by Section 57, under Section 58(1)?

Testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina.

To which wills do the provisions of this Part not apply under Section 58(1)?

Wills made before 1st January, 1866.

What is the general application of this Part under Section 58(2)?

Subject to Section 58(1) and any other law for the time being in force, this Part constitutes the law of India applicable to all cases of testamentary succession.

CHAPTER II

OF WILLS AND CODICILS

What is the subject matter of Section 59?

Person capable of making wills.

Who is competent to make a will under Section 59?

Every person of sound mind who is not a minor.

What property may a married woman dispose of by will under Explanation 1 to Section 59?

Any property which she could alienate by her own act during her lifetime.

Are persons who are deaf, dumb or blind disqualified from making a will under Explanation 2 to Section 59?

No; they may make a will if they are able to know what they do by it.

When may a person who is ordinarily insane make a will under Explanation 3 to Section 59?

During an interval in which the person is of sound mind.

When is a person incapable of making a will under Explanation 4 to Section 59?

When, due to intoxication, illness or any other cause, the person does not know what he or she is doing.

What is the subject matter of Section 60?

Testamentary guardian.

Who may appoint a testamentary guardian under Section 60?

A father, whatever his age may be.

For whom may a testamentary guardian be appointed under Section 60?

For the father's child during minority.

What is the subject matter of Section 61?

Will obtained by fraud, coercion or importunity.

When is a will or part of a will void under Section 61?

When its making has been caused by fraud, coercion, or such importunity as takes away the free agency of the testator.

What is the subject matter of Section 62?

Will may be revoked or altered.

When may the maker revoke or alter a will under Section 62?

At any time when the maker is competent to dispose of his property by will.

CHAPTER III

Of the Execution of unprivileged Wills

What is the subject matter of Section 63?

Execution of unprivileged wills.

To whom does Section 63 apply?

Every testator other than a soldier employed in an expedition or engaged in actual warfare, an airman so employed or engaged, or a mariner at sea.

How may an unprivileged will be signed under clause (a) of Section 63?

The testator shall sign or affix his mark to the will, or it shall be signed by another person in the testator's presence and by the testator's direction.

How should the signature or mark be placed under clause (b) of Section 63?

It shall be so placed that it appears to have been intended to give effect to the writing as a will.

How many witnesses are required to attest an unprivileged will under clause (c) of Section 63?

Two or more witnesses.

What must each attesting witness witness or acknowledge under clause (c) of Section 63?

Each witness must have seen the testator sign or affix his mark, or seen another person sign in the testator's presence and by the testator's direction, or received from the testator a personal acknowledgment of such signature or mark.

In whose presence must the attesting witnesses sign the will under clause (c) of Section 63?

In the presence of the testator.

Is it necessary that all attesting witnesses be present at the same time under clause (c) of Section 63?

No; it is not necessary that more than one witness be present at the same time.

Is any particular form of attestation required under clause (c) of Section 63?

No particular form of attestation is necessary.

What is the subject matter of Section 64?

Incorporation of papers by reference.

When does a document become part of a will or codicil under Section 64?

When a duly attested will or codicil refers to another document then actually written as expressing any part of the testator's intentions.

What is the effect of incorporation by reference under Section 64?

The referred document is deemed to form part of the will or codicil.

CHAPTER IV

Of privileged Wills

What is the subject matter of Section 65?

Privileged wills.

Who may make a privileged will under Section 65?

A soldier employed in an expedition or engaged in actual warfare, an airman so employed or engaged, or a mariner at sea who has completed eighteen years of age.

In what manner is a privileged will to be made under Section 65?

In the manner provided in Section 66.

What is a will made under Section 65 called?

A privileged will.

What is the subject matter of Section 66?

Mode of making, and rules for executing, privileged wills.

In what forms may a privileged will be made under Section 66(1)?

In writing or by word of mouth.

How may a privileged will written wholly by the testator be executed under clause (a) of Section 66(2)?

It need not be signed or attested.

How may a privileged will written wholly or partly by another person be executed under clause (b) of Section 66(2)?

It shall be signed by the testator and need not be attested.

When is an unsigned instrument written wholly or partly by another person deemed to be the testator's will under clause (c) of Section 66(2)?

If it is shown that it was written by the testator's directions or recognised by the testator as his will.

When is an incomplete instrument not invalid under clause (d) of Section 66(2)?

When the non-execution can reasonably be ascribed to a cause other than abandonment of the testamentary intentions expressed in the instrument.

What is the effect of written instructions for preparing a will where the testator dies before its preparation and execution under clause (e) of Section 66(2)?

Such instructions constitute the testator's will.

When do verbal instructions for preparing a will constitute the testator's will under clause (f) of Section 66(2)?

When given before two witnesses, reduced into writing during the testator's lifetime, and the testator dies before the will is prepared and executed.

Is it necessary that the verbal instructions under clause (f) of Section 66(2) be reduced into writing in the testator's presence or read over to the testator?

No.

How may a privileged oral will be made under clause (g) of Section 66(2)?

By declaring the testator's intentions before two witnesses present at the same time.

When does a privileged oral will become null under clause (h) of Section 66(2)?

On the expiry of one month after the testator, being alive, ceases to be entitled to make a privileged will.

CHAPTER V

Of the Attestation, Revocation, Alteration and Revival of Wills

What is the subject matter of Section 67?

Effect of gift to attesting witness.

What is the effect of a benefit given to an attesting witness or the witness's spouse on the validity of attestation under Section 67?

The will is not deemed to be insufficiently attested.

What is the effect of a bequest or appointment in favour of an attesting witness or the witness's spouse under Section 67?

The bequest or appointment is void so far as it concerns the attesting witness, the witness's wife or husband, or any person claiming under either of them.

What is the subject matter of Section 68?

Witness not disqualified by interest or by being executor.

Is a person disqualified as a witness by reason of interest in or being an executor of a will under Section 68?

No; such person is not disqualified from proving the execution, validity or invalidity of the will.

What is the subject matter of Section 69?

Revocation of will by testator's marriage.

What is the effect of the testator's marriage on a will under Section 69?

Every will is revoked by the marriage of the maker.

Which will is not revoked by the testator's marriage under Section 69?

A will made in exercise of a power of appointment where, in default of such appointment, the property would not pass to the executor, administrator or the person entitled in case of intestacy.

What is meant by a power of appointment under the Explanation to Section 69?

The power of a person to determine the disposition of property of which he is not the owner.

What is the subject matter of Section 70?

Revocation of unprivileged will or codicil.

How may an unprivileged will or codicil be revoked under Section 70?

By marriage, by another will or codicil, by a writing declaring an intention to revoke executed in the manner required for an unprivileged will, or by burning, tearing or otherwise destroying it by the testator or by another person in the testator's presence and by the testator's direction with the intention of revoking it.

What is the subject matter of Section 71?

Effect of obliteration, interlineation or alteration in unprivileged will.

When does an obliteration, interlineation or other alteration in an unprivileged will take effect under Section 71?

Only if it is executed in the same manner as required for the execution of the will, except where the alteration merely renders the original words or meaning illegible or undiscernible.

When is an altered unprivileged will deemed to be duly executed under the proviso to Section 71?

When the testator's signature and the witnesses' subscriptions are made in the margin or near the alteration, or at the foot or end of or opposite a memorandum referring to the alteration written at the end or another part of the will.

What is the subject matter of Section 72?

Revocation of privileged will or codicil.

How may a privileged will or codicil be revoked under Section 72?

By an unprivileged will or codicil, by any act expressing an intention to revoke it and accompanied by the formalities sufficient for a privileged will, or by burning, tearing or otherwise destroying it by the testator or by another person in the testator's presence and by the testator's direction with the intention of revoking it.

Is it necessary that the testator be entitled to make a privileged will at the time of revocation by an act under the Explanation to Section 72?

No; such entitlement is not necessary.

What is the subject matter of Section 73?

Revival of unprivileged will.

How may a revoked unprivileged will or codicil be revived under Section 73(1)?

Only by re-execution or by a codicil executed in the prescribed manner showing an intention to revive it.

What is the effect of revival of a partly revoked and subsequently wholly revoked will or codicil under Section 73(2)?

The revival does not extend to the part revoked before the total revocation unless a contrary intention is shown by the will or codicil.

CHAPTER VI.—Of the construction of Wills

What is the subject matter of Section 74?

Wording of wills.

Are technical words or terms of art necessary in a will under Section 74?

No; it is sufficient if the wording enables the intentions of the testator to be known.

What is the subject matter of Section 75?

Inquiries to determine questions as to object or subject of will.

What facts shall the Court inquire into under Section 75 for determining the object or subject of a will?

Every material fact relating to the persons claiming under the will, the property claimed as the subject of disposition, the circumstances of the testator and the testator's family, and every fact conducive to the proper application of the words used by the testator.

What is the subject matter of Section 76?

Misnomer or misdescription of object.

What is the effect of an error in the name or description of a legatee under Section 76(1)?

The legacy is not prevented from taking effect if the words used sufficiently show the person or class of legatees intended.

How may a mistake in the name or description of a legatee be corrected under Section 76(2)?

A mistake in the name may be corrected by the description, and a mistake in the description may be corrected by the name.

What is the subject matter of Section 77?

When words may be supplied.

When may omitted words be supplied in a will under Section 77?

Where a word material to the full expression of the meaning has been omitted, it may be supplied by the context.

What is the subject matter of Section 78?

Rejection of erroneous particulars in description of subject.

When may erroneous parts of the description of the subject of a bequest be rejected under Section 78?

When the property intended to be bequeathed can be sufficiently identified from the description in the will, although some parts of the description do not apply.

What is the effect of rejecting erroneous particulars under Section 78?

The erroneous parts of the description are rejected and the bequest takes effect.

What is the subject matter of Section 79?

When part of description may not be rejected as erroneous.

When is a bequest limited to particular property under Section 79?

Where all the descriptive circumstances mentioned in the will exist in respect of that property.

Can any part of the description be rejected as erroneous under Section 79 merely because the testator owned other property to which part of the description does not apply?

No; no part of the description may be rejected in such a case.

How is Section 78 applied while determining the application of Section 79 under the Explanation to Section 79?

Words liable to rejection under Section 78 are deemed to have been struck out of the will.

What is the subject matter of Section 80?

Extrinsic evidence admissible in cases of patent ambiguity.

When is extrinsic evidence admissible under Section 80?

Where the words of a will are unambiguous, but extrinsic evidence shows that they admit of more than one application, only one of which could have been intended by the testator.

For what purpose may extrinsic evidence be admitted under Section 80?

To show which of the possible applications of the words was intended by the testator.

What is the subject matter of Section 81?

Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.

When is extrinsic evidence as to the testator's intentions inadmissible under Section 81?

Where there is an ambiguity or deficiency on the face of the will.

What is the subject matter of Section 82?

Meaning of clause to be collected from entire will.

How is the meaning of a clause in a will to be ascertained under Section 82?

From the entire instrument.

How are the parts of a will to be construed under Section 82?

With reference to each other.

What is the subject matter of Section 83?

When words may be understood in restricted sense, and when in sense wider than usual.

When may general words in a will be understood in a restricted sense under Section 83?

Where it can be gathered from the will that the testator intended to use them in a restricted sense.

When may words in a will be understood in a wider sense than their usual meaning under Section 83?

Where it can be gathered from the other words of the will that the testator intended to use them in a wider sense.

What is the subject matter of Section 84?

Which of two possible constructions preferred.

Which construction is to be preferred under Section 84 where a clause is susceptible of two meanings?

The construction under which the clause has some effect rather than the one under which it has no effect.

What is the subject matter of Section 85?

No part rejected, if it can be reasonably construed.

When may a part of a will be rejected under Section 85?

No part shall be rejected as destitute of meaning if it is possible to put a reasonable construction upon it.

What is the subject matter of Section 86?

Interpretation of words repeated in different parts of will.

How are the same words occurring in different parts of a will interpreted under Section 86?

They are taken to have been used everywhere in the same sense unless a contrary intention appears.

What is the subject matter of Section 87?

Testator's intention to be effectuated as far as possible.

What is the rule regarding the testator's intention under Section 87?

The intention shall not be set aside because it cannot take effect to the full extent, but shall be given effect as far as possible.

What is the subject matter of Section 88?

The last of two inconsistent clauses prevails.

Which clause prevails where two clauses of gifts in a will are irreconcilable under Section 88?

The last clause prevails.

When does the rule under Section 88 apply?

When two clauses of gifts in a will are irreconcilable and cannot possibly stand together.

What is the subject matter of Section 89?

Will or bequest void for uncertainty.

When is a will or bequest void for uncertainty under Section 89?

When it is not expressive of any definite intention.

What is the subject matter of Section 90?

Words describing subject refer to property answering description at testator's death.

To what property does the description of the subject of a gift in a will refer under Section 90?

Unless a contrary intention appears, it refers to and comprises the property answering that description at the testator's death.

What is the subject matter of Section 91?

Power of appointment executed by general bequest.

What is the effect of a general bequest of the testator's estate under Section 91?

Unless a contrary intention appears, it includes property over which the testator has a power of appointment by will and operates as an execution of that power.

What is the effect of a general bequest of property described in general terms under Section 91?

Unless a contrary intention appears, it includes property answering that description over which the testator has a power of appointment by will and operates as an execution of that power.

What is the subject matter of Section 92?

Implied gift to objects of power in default of appointment.

When does Section 92 apply?

Where property is bequeathed to or for the benefit of certain objects as a specified person may appoint or in such proportions as that person may appoint, and the will does not provide for the event of no appointment being made.

How is the property distributed where the power of appointment is not exercised under Section 92?

The property belongs to all the objects of the power in equal shares.

What is the subject matter of Section 93?

Bequest to "heirs", etc., of particular person without qualifying terms.

When does Section 93 apply?

Where a bequest is made to the "heirs", "right heirs", "relations", "nearest relations", "family", "kindred", "nearest of kin" or "next-of-kin" of a particular person without qualifying terms, and the designated class forms the direct and independent object of the bequest.

How is the property distributed under Section 93?

As if it had belonged to the particular person and that person had died intestate in respect of it, leaving assets for the payment of debts independently of such property.

What is the subject matter of Section 94?

Bequest to "representatives", etc., of particular person.

When does Section 94 apply?

Where a bequest is made to the "representatives", "legal representatives", "personal representatives" or "executors or administrators" of a particular person, and the designated class forms the direct and independent object of the bequest.

How is the property distributed under Section 94?

As if it had belonged to the particular person and that person had died intestate in respect of it.

What is the subject matter of Section 95?

Bequest without words of limitation.

What interest does a legatee take under a bequest without words of limitation under Section 95?

The whole interest of the testator in the property, unless the will shows that only a restricted interest was intended.

What is the subject matter of Section 96?

Bequest in alternative.

When does the first-named legatee take the legacy under Section 96?

When the first-named legatee is alive at the time the legacy takes effect, unless a contrary intention appears from the will.

When does the alternative legatee or class of persons take the legacy under Section 96?

When the first-named legatee is dead at the time the legacy takes effect, unless a contrary intention appears from the will.

What is the subject matter of Section 97?

Effect of words describing a class added to bequest to person.

When does Section 97 apply?

Where property is bequeathed to a person and words are added describing a class of persons without making that class the direct object of a distinct and independent gift.

What interest does the named legatee take under Section 97?

The whole interest of the testator in the property, unless a contrary intention appears from the will.

What is the subject matter of Section 98?

Bequest to class of persons under general description only.

Who is entitled to take a legacy under Section 98?

Only a person to whom the words of the general description are applicable in their ordinary sense.

What is the subject matter of Section 99?

Construction of terms.

To whom does the word "children" apply under clause (a) of Section 99?

Only to the lineal descendants in the first degree of the person referred to.

To whom does the word "grandchildren" apply under clause (b) of Section 99?

Only to the lineal descendants in the second degree of the person referred to.

To whom do the words "nephews" and "nieces" apply under clause (c) of Section 99?

Only to the children of brothers or sisters.

To whom do the words "cousins", "first cousins" or "cousins-german" apply under clause (d) of Section 99?

Only to the children of the brothers or sisters of the father or mother of the person referred to.

To whom do the words "first cousins once removed" apply under clause (e) of Section 99?

Only to the children of cousins-german or the cousins-german of a parent of the person referred to.

To whom do the words "second cousins" apply under clause (f) of Section 99?

Only to the grandchildren of the brothers or sisters of the grandfather or grandmother of the person referred to.

To whom do the words "issue" and "descendants" apply under clause (g) of Section 99?

To all lineal descendants of the person referred to.

To whom do words expressing collateral relationship apply under clause (h) of Section 99?

Equally to relatives of the full blood and the half blood.

To whom do words expressing relationship apply under clause (i) of Section 99?

To a child in the womb who is afterwards born alive.

What is the subject matter of Section 100?

Words expressing relationship denote only legitimate relatives or, failing such relatives, reputed legitimate.

How are words expressing relationship construed under Section 100 in the absence of a contrary intention in the will?

The words "child", "son", "daughter" or any other word expressing relationship denote only a legitimate relative.

To whom do words expressing relationship apply where there is no legitimate relative under Section 100?

A person who had acquired, at the date of the will, the reputation of being such relative.

What is the subject matter of Section 101?

Rules of construction where will purports to make two bequests to the same person.

When do the rules under Section 101 apply?

Where a will purports to make two bequests to the same person and it is uncertain whether the second bequest is in substitution for or in addition to the first.

What is the effect of two bequests of the same specific thing to the same legatee under clause (a) of Section 101?

The legatee is entitled to receive that specific thing only.

What is the effect of two bequests of the same quantity or amount in the same will or the same codicil under clause (b) of Section 101?

The legatee is entitled to one such legacy only.

What is the effect of two legacies of unequal amount in the same will or the same codicil under clause (c) of Section 101?

The legatee is entitled to both legacies.

What is the effect of two legacies given by a will and a codicil, or by different codicils, under clause (d) of Section 101?

The legatee is entitled to both legacies.

What is the meaning of the word "will" in clauses (a) to (d) of Section 101?

The word "will" does not include a codicil.

What is the subject matter of Section 102?

Constitution of residuary legatee.

How may a residuary legatee be constituted under Section 102?

By any words showing the testator's intention that the designated person shall take the surplus or residue of the testator's property.

What is the subject matter of Section 103?

Property to which residuary legatee entitled.

To what property is a residuary legatee entitled under Section 103?

All property belonging to the testator at the time of death of which no other testamentary disposition capable of taking effect has been made.

What is the subject matter of Section 104?

Time of vesting legacy in general terms.

When does a legacy given in general terms vest under Section 104?

From the day of the testator's death.

What is the effect if the legatee dies without receiving a vested legacy under Section 104?

The legacy passes to the legatee's representatives.

What is the subject matter of Section 105?

In what case legacy lapses.

When does a legacy lapse under Section 105(1)?

When the legatee does not survive the testator, unless the will shows that the testator intended it to go to another person.

What is the effect of a lapsed legacy under Section 105(1)?

It forms part of the residue of the testator's property.

What must be proved for the representatives of a legatee to receive the legacy under Section 105(2)?

That the legatee survived the testator.

What is the subject matter of Section 106?

Legacy does not lapse if one of two joint legatees dies before the testator.

What is the effect where one of two joint legatees dies before the testator under Section 106?

The surviving joint legatee takes the whole legacy.

What is the subject matter of Section 107?

Effect of words showing testator's intention to give distinct shares.

What is the effect where a legacy is given in distinct shares and a legatee dies before the testator under Section 107?

The share intended for the deceased legatee falls into the residue of the testator's property.

What is the subject matter of Section 108?

When lapsed share goes as undisposed of.

What is the effect where a lapsed share forms part of the general residue bequeathed by the will under Section 108?

The lapsed share goes as undisposed of.

What is the subject matter of Section 109?

When bequest to testator's child or lineal descendant does not lapse on death in the testator's lifetime.

When does a bequest to the testator's child or other lineal descendant not lapse under Section 109?

Where the legatee dies during the testator's lifetime but leaves a lineal descendant who survives the testator, unless a contrary intention appears from the will.

How does the bequest take effect under Section 109?

As if the legatee had died immediately after the death of the testator.

What is the subject matter of Section 110?

Bequest to A for benefit of B does not lapse by A's death.

What is the effect of the death of a person to whom a bequest is made for the benefit of another under Section 110?

The legacy does not lapse by the death of that person during the testator's lifetime.

What is the subject matter of Section 111?

Survivorship in case of bequest to described class.

Who takes a bequest made simply to a described class of persons under Section 111?

Only those members of the class who are alive at the testator's death.

Who takes the property under the exception to Section 111 where possession is deferred?

Those members of the class who are alive when possession becomes payable and the representatives of any member who died after the testator's death.

CHAPTER VII

Of void Bequests

What is the subject matter of Section 112?

Bequest to person by particular description, who is not in existence at testator's death.

When is a bequest to a person by particular description void under Section 112?

Where no person answering the description is in existence at the testator's death.

When does the exception to Section 112 apply?

Where the bequest is to a person described as standing in a particular degree of kindred to a specified individual and possession is deferred until a time later than the testator's death.

Who is entitled to the property under the exception to Section 112?

A person answering the description who is alive at the testator's death or comes into existence before the deferred time, or, if that person is dead at the deferred time, the person's representatives.

What is the subject matter of Section 113?

Bequest to person not in existence at testator's death subject to prior bequest.

When is a bequest to a person not in existence at the testator's death subject to a prior bequest void under Section 113?

Where it does not comprise the whole of the remaining interest of the testator in the property bequeathed.

When is a bequest to a person not in existence at the testator's death subject to a prior bequest valid under Section 113?

When it comprises the whole of the remaining interest of the testator in the property bequeathed.

What is the subject matter of Section 114?

Rule against perpetuity.

When is a bequest void under the rule against perpetuity in Section 114?

Where the vesting of the property may be delayed beyond the lifetime of one or more persons living at the testator's death and the minority of a person who is in existence at the expiry of that lifetime and to whom the property is to belong on attaining majority.

What is the subject matter of Section 115?

Bequest to a class some of whom may come under rules in Sections 113 and 114.

When does Section 115 apply?

Where a bequest is made to a class of persons and, as regards some members of the class, the bequest is inoperative by reason of Section 113 or Section 114.

What is the effect of Section 115 where a bequest is inoperative as to some members of a class?

The bequest is void only in regard to those persons and not in regard to the whole class.

What is the subject matter of Section 116?

Bequest to take effect on failure of prior bequest.

When does Section 116 apply?

Where, by reason of Sections 113 and 114, a bequest in favour of a person or the whole of a class of persons is void.

What is the effect of a subsequent bequest intended to take effect after or upon failure of a void prior bequest under Section 116?

The subsequent bequest is also void.

What is the subject matter of Section 117?

Effect of direction for accumulation.

When is a direction for accumulation void under Section 117(1)?

Where a will directs accumulation of income for a period exceeding eighteen years from the testator's death, the direction is void to the extent of the excess period.

What is the effect of expiry of the eighteen-year period under Section 117(1)?

The property and its income are disposed of as if the directed period of accumulation had elapsed.

For what purposes does Section 117(2) permit accumulation beyond eighteen years?

For payment of the debts of the testator or any person taking an interest under the will, provision of portions for children or remoter issue of the testator or any person taking an interest under the will, and preservation or maintenance of property bequeathed.

What is the subject matter of Section 118?

Bequest to religious or charitable uses.

When may a person having a nephew, niece or nearer relative validly bequeath property to religious or charitable uses under Section 118?

Only by a will executed at least twelve months before death and deposited within six months of its execution in a place provided by law for the safe custody of the wills of living persons.

To whom does Section 118 not apply under the proviso?

A Parsi.

CHAPTER VIII

Of the vesting of Legacies

What is the subject matter of Section 119?

Date of vesting of legacy when payment or possession postponed.

When does a legacy vest where payment or possession is postponed under Section 119?

Unless a contrary intention appears from the will, the right to receive the legacy vests in the legatee on the testator's death.

What is the effect if a legatee dies before the time fixed for payment or possession under Section 119?

The vested right passes to the legatee's representatives if the legatee dies without having received the legacy.

What is the nature of a legacy vested under Section 119?

It is vested in interest from the testator's death.

What circumstances do not by themselves indicate an intention to postpone vesting under the Explanation to Section 119?

Mere postponement of payment or possession, creation of a prior interest, direction to accumulate income until payment, or a provision for the legacy to go over on the happening of a particular event.

What is the subject matter of Section 120?

Date of vesting when legacy contingent upon specified uncertain event.

When does a legacy contingent upon the happening of a specified uncertain event vest under Section 120(1)?

When the specified uncertain event happens.

When does a legacy contingent upon a specified uncertain event not happening vest under Section 120(2)?

When the happening of that event becomes impossible.

What is the nature of the legatee's interest before the condition is fulfilled under Section 120(3)?

It is contingent.

When is a bequest of a fund not contingent under the exception to Section 120?

Where the fund is bequeathed upon the legatee attaining a particular age and the will absolutely gives the income of the fund to the legatee before that age, or directs the income or so much of it as is necessary to be applied for the legatee's benefit.

What is the subject matter of Section 121?

Vesting of interest in bequest to such members of a class as shall have attained particular age.

When does a member of a class acquire a vested interest under Section 121?

Only upon attaining the particular age specified in the bequest.

Can a person who has not attained the specified age have a vested interest under Section 121?

No.

CHAPTER IX

Of Onerous Bequests

What is the subject matter of Section 122?

Onerous bequests.

What is the effect of an onerous bequest under Section 122?

A legatee cannot take any benefit under the bequest unless the legatee accepts it in its entirety.

What is the subject matter of Section 123?

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

What is the effect of two separate and independent bequests to the same person under Section 123?

The legatee may accept one bequest and refuse the other, even if one is beneficial and the other is onerous.

CHAPTER X

Of Contingent Bequests

What is the subject matter of Section 124?

Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.

When does a contingent legacy take effect under Section 124 where no time is specified for the occurrence of the uncertain event?

Only if the specified uncertain event happens before the fund bequeathed becomes payable or distributable.

What is the subject matter of Section 125?

Bequest to such of certain persons as shall be surviving at some period not specified.

To whom does a bequest go under Section 125 where it is made to such of certain persons as shall be surviving at an unspecified period?

To such of those persons as are alive at the time of payment or distribution, unless a contrary intention appears by the will.

CHAPTER XI.—Of Conditional Bequests

What is the subject matter of Section 126?

Bequest upon impossible condition.

What is the effect of a bequest made upon an impossible condition under Section 126?

The bequest is void.

What is the subject matter of Section 127?

Bequest upon illegal or immoral condition.

What is the effect of a bequest made upon a condition contrary to law or morality under Section 127?

The bequest is void.

What is the subject matter of Section 128?

Fulfilment of condition precedent to vesting of legacy.

When is a condition precedent to the vesting of a legacy deemed to have been fulfilled under Section 128?

When the condition has been substantially complied with.

What is the subject matter of Section 129?

Bequest to A and on failure of prior bequest to B.

When does the second bequest take effect under Section 129?

Upon the failure of the prior bequest, even if the failure occurs in a manner not contemplated by the testator.

What is the subject matter of Section 130?

When second bequest not to take effect on failure of first.

When does the second bequest not take effect under Section 130?

When the will shows that it is to take effect only if the prior bequest fails in a particular manner, unless the prior bequest fails in that particular manner.

What is the subject matter of Section 131?

Bequest over, conditional upon happening or not happening of specified uncertain event.

How may a bequest over be made under Section 131(1)?

A bequest may be made with a condition that if a specified uncertain event happens or does not happen, the thing bequeathed shall go to another person.

Which provisions govern an ulterior bequest under Section 131(2)?

Sections 120, 121, 122, 123, 124, 125, 126, 127, 129 and 130.

What is the subject matter of Section 132?

Condition must be strictly fulfilled.

When can an ulterior bequest under Section 132 take effect?

Only if the condition is strictly fulfilled.

What is the subject matter of Section 133?

Original bequest not affected by invalidity of second.

What is the effect of the invalidity of an ulterior bequest under Section 133?

The original bequest is not affected by the invalidity of the ulterior bequest.

What is the subject matter of Section 134?

Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.

How may a bequest be made under Section 134?

A bequest may be made with a condition that it shall cease to have effect if a specified uncertain event happens or does not happen.

What is the subject matter of Section 135?

Such condition must not be invalid under section 120.

What is required for a condition that a bequest shall cease to have effect to be valid under Section 135?

The event to which the condition relates must be one that could legally constitute the condition of a bequest under Section 120.

What is the subject matter of Section 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.

What is the effect under Section 136 where no time is specified for performing an act and the legatee renders its performance impossible or indefinitely postpones it?

The legacy shall go as if the legatee had died without performing the act.

What is the subject matter of Section 137?

Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud.

When must an act required by a will be performed under Section 137?

Within the time specified in the will.

When is further time allowed for the performance of an act under Section 137?

When performance is prevented by fraud, such further time as is necessary to make up for the delay caused by the fraud shall be allowed.

CHAPTER XII

Of Bequests with Directions as to Application or Enjoyment

What is the subject matter of Section 138?

Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.

What is the effect of a direction regarding the manner of application or enjoyment of a fund absolutely bequeathed under Section 138?

The legatee is entitled to receive the fund as if the will contained no such direction.

What is the subject matter of Section 139?

Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.

What is the effect under Section 139 if the specified benefit intended by the restriction on the mode of enjoyment cannot be obtained for the legatee?

The fund belongs to the legatee as if the will had contained no such direction.

What is the subject matter of Section 140?

Bequest of fund for certain purposes, some of which cannot be fulfilled.

What is the effect under Section 140 where a fund is bequeathed for certain purposes and some of those purposes cannot be fulfilled?

The fund, or so much of it as has not been exhausted upon the objects contemplated by the will, remains part of the testator's estate.

CHAPTER XIII

Of Bequests to an Executor

What is the subject matter of Section 141?

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

When can a legatee who is named as an executor take the legacy under Section 141?

When the legatee proves the will or otherwise manifests an intention to act as executor.

CHAPTER XIV

Of Specific Legacies

What is the subject matter of Section 142?

Specific legacy defined.

What is a specific legacy under Section 142?

A bequest of a specified part of the testator's property distinguished from all other parts of the property.

What is the subject matter of Section 143?

Bequest of certain sum where stocks, etc., in which invested are described.

When is a bequest of a certain sum not a specific legacy under Section 143?

Merely because the stock, funds or securities in which it is invested are described in the will.

What is the subject matter of Section 144?

Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.

When is a bequest of a certain amount of stock not a specific legacy under Section 144?

Merely because, at the date of the will, the testator possessed stock of the specified kind equal to or greater than the amount bequeathed.

What is the subject matter of Section 145?

Bequest of money where not payable until part of testator's property disposed of in certain way.

When is a money legacy not a specific legacy under Section 145?

Merely because its payment is postponed until some part of the testator's property has been reduced to a certain form or remitted to a certain place.

What is the subject matter of Section 146?

When enumerated articles not deemed specifically bequeathed.

When are enumerated articles not deemed to be specifically bequeathed under Section 146?

When they are included in a residuary bequest and have not been previously bequeathed.

What is the subject matter of Section 147?

Retention, in form, of specific bequest to several persons in succession.

How is property specifically bequeathed to several persons in succession to be retained under Section 147?

It shall be retained in the form in which the testator left it, even if its value is continually decreasing

What is the subject matter of Section 148?

Sale and investment of proceeds of property bequeathed to two or more persons in succession.

What is to be done with property not specifically bequeathed to two or more persons in succession under Section 148?

It shall, in the absence of a contrary direction, be sold.

How are the proceeds of sale to be dealt with under Section 148?

They shall be invested in such securities as the High Court may by general rule authorise or direct.

How is the fund constituted from the sale proceeds to be enjoyed under Section 148?

By the successive legatees according to the terms of the will.

What is the subject matter of Section 149?

Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.

What is the effect of deficiency of assets on a specific legacy under Section 149?

A specific legacy is not liable to abate with the general legacies.

CHAPTER XV

Of Demonstrative Legacies

What is the subject matter of Section 150?

Demonstrative legacy defined.

What is a demonstrative legacy under Section 150?

A bequest of a certain sum of money or quantity of any other commodity payable primarily out of a specified fund or stock.

What is the distinction between a specific legacy and a demonstrative legacy under the Explanation to Section 150?

A specific legacy gives specified property to the legatee, whereas a demonstrative legacy directs payment of the legacy out of specified property.

What is the subject matter of Section 151?

Order of payment when legacy directed to be paid out of fund the subject of specific legacy.

What has priority where part of a fund is specifically bequeathed and a demonstrative legacy is payable out of the same fund under Section 151?

The portion specifically bequeathed shall first be paid to the specific legatee.

From where is the demonstrative legacy payable under Section 151?

First out of the residue of the fund and, to the extent the residue is deficient, out of the general assets of the testator.

CHAPTER XVI

Of Ademption of Legacies

What is the subject matter of Section 152?

Ademption explained.

When is a specific legacy adeemed under Section 152?

When the specifically bequeathed property does not belong to the testator at the time of death or has been converted into property of a different kind.

What is the effect of ademption under Section 152?

The legacy cannot take effect because its subject-matter has been withdrawn from the operation of the will.

What is the subject matter of Section 153?

Non-ademption of demonstrative legacy.

What is the effect under Section 153 if the property charged for payment of a demonstrative legacy does not exist or has been converted into property of a different kind at the testator's death?

The demonstrative legacy is not adeemed and shall be paid out of the general assets of the testator.

What is the subject matter of Section 154?

Ademption of specific bequest of right to receive something from third party.

When is a specific bequest of a right to receive something from a third party adeemed under Section 154?

When the testator himself receives the thing of value from the third party.

What is the subject matter of Section 155?

Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed.

To what extent is a specific legacy adeemed under Section 155 when the testator receives part of the entire thing specifically bequeathed?

To the extent of the part or sum so received by the testator.

What is the subject matter of Section 156?

Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specially bequeathed.

To what extent does the testator's receipt of a portion of a fund or stock specifically bequeathed operate as ademption under Section 156?

Only to the extent of the amount so received.

What is the effect of the residue of the fund or stock under Section 156?

The residue shall be applicable to the discharge of the specific legacy.

What is the subject matter of Section 157?

Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and testator having received portion of that fund, remainder insufficient to pay both legacies.

What has priority under Section 157 where the remaining fund is insufficient to satisfy both the specific and demonstrative legacies?

The specific legacy shall be paid first.

How is the demonstrative legacy satisfied under Section 157 after payment of the specific legacy?

First out of the residue of the fund, and the balance shall be paid out of the general assets of the testator.

What is the subject matter of Section 158?

Ademption where stock, specifically bequeathed, does not exist at testator's death.

When is a specific bequest of stock adeemed under Section 158?

When the specifically bequeathed stock does not exist at the testator's death.

What is the subject matter of Section 159?

Ademption pro tanto where stock specifically bequeathed exists in part only at the testator's death.

When does ademption pro tanto occur under Section 159?

When stock specifically bequeathed exists only in part at the testator's death.

What is the effect where specifically bequeathed stock exists only in part at the testator's death?

The legacy is adeemed to the extent of the part of the stock that has ceased to exist.

To what extent is a legacy adeemed where specifically bequeathed stock has partly ceased to exist?

So far as regards the part of the stock which has ceased to exist.

What is the subject matter of Section 160?

Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.

When is a specific bequest of goods connected with a certain place not adeemed under Section 160?

When the goods are removed from that place due to a temporary cause, by fraud, or without the knowledge or sanction of the testator.

What is the subject matter of Section 161?

When removal of thing bequeathed does not constitute ademption.

When does the removal of the thing bequeathed not constitute ademption under Section 161?

When the place mentioned in the will is referred to only for completing the description of the property intended to be bequeathed.

What is the subject matter of Section 162?

When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it.

Does the testator's receipt of money or other commodity bequeathed from a third person constitute ademption under Section 162?

No.

When is the legacy adeemed under Section 162 after the testator receives the money or other commodity?

When the testator mixes it with the general mass of the testator's property.

What is the subject matter of Section 163?

Change by operation of law of subject of specific bequest between date of will and testator's death.

When is a specific legacy not adeemed despite a change in the subject matter under Section 163?

When the change occurs between the date of the will and the testator's death by operation of law or in the course of execution of the provisions of a legal instrument under which the property was held.

What is the subject matter of Section 164?

Change of subject without testator's knowledge.

When is a specific legacy not adeemed under Section 164 despite a change in the subject matter?

When the change takes place between the date of the will and the testator's death without the knowledge or sanction of the testator.

What is the subject matter of Section 165?

Stock specifically bequeathed lent to third party on condition that it be replaced.

When is a specific bequest of stock not adeemed under Section 165?

When the stock is lent to a third party on condition that it be replaced and it is replaced accordingly.

What is the subject matter of Section 166?

Stock specifically bequeathed sold but replaced, and belonging to testator at his death.

When is a specific bequest of stock not adeemed under Section 166?

When the stock is sold, an equal quantity of the same stock is afterwards purchased, and it belongs to the testator at the time of death.

What is the subject matter of Section 167?

Non-liability of executor to exonerate specific legatees.

What is the liability of a specific legatee where the specifically bequeathed property is subject to a pledge, lien or incumbrance under Section 167(1)?

The legatee takes the property subject to the pledge, lien or incumbrance and is liable, as between the legatee and the testator's estate, to make good its amount.

Can a contrary intention under Section 167(2) be inferred merely from a general direction in the will to pay the testator's debts?

No.

What is not regarded as an incumbrance under the Explanation to Section 167?

A periodical payment in the nature of land revenue or rent.

What is the subject matter of Section 168?

Completion of testator's title to things bequeathed to be at cost of his estate.

At whose cost is the testator's title to the thing bequeathed to be completed under Section 168?

At the cost of the testator's estate.

What is the subject matter of Section 169?

Exoneration of legatee's immoveable property for which land-revenue or rent payable periodically.

Up to what period is the testator's estate liable to make good land revenue or rent in respect of immovable property bequeathed under Section 169?

Up to the day of the testator's death.

What is the subject matter of Section 170?

Exoneration of specific legatee's stock in joint-stock company.

Who bears a call or other payment due in respect of specifically bequeathed stock at the time of the testator's death under Section 170?

The testator's estate.

Who bears a call or other payment becoming due after the testator's death under Section 170?

The legatee, if the legatee accepts the bequest.

CHAPTER XVIII

Of Bequests of Things described in General Terms

What is the subject matter of Section 171?

Bequest of thing described in general terms.

What is the duty of the executor where a thing is bequeathed in general terms under Section 171?

The executor must purchase for the legatee what may reasonably be considered to answer the description.

CHAPTER XIX

Of Bequests of the Interest or Produce of a Fund

What is the subject matter of Section 172?

Bequest of interest or produce of fund.

When does the principal as well as the interest of a fund belong to the legatee under Section 172?

When the interest or produce of the fund is bequeathed and the will indicates no intention that the enjoyment of the bequest should be of limited duration.

CHAPTER XX

Of Bequests of Annuities

What is the subject matter of Section 173?

Annuity created by will payable for life only unless contrary intention appears by will.

For what period is an annuity created by will payable under Section 173?

For the life of the legatee, unless a contrary intention appears from the will.

Does an annuity become absolute merely because it is directed to be paid out of the property generally or from a sum bequeathed for its purchase under Section 173?

No.

What is the subject matter of Section 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.

When does a legacy for an annuity vest under Section 174?

On the death of the testator.

What option is available to the legatee under Section 174?

The legatee may elect to have an annuity purchased or to receive the money appropriated for that purpose by the will.

What is the subject matter of Section 175?

Abatement of annuity.

How does an annuity abate under Section 175 where the testator's assets are insufficient to pay all legacies?

In the same proportion as the other pecuniary legacies.

What is the subject matter of Section 176?

Where gift of annuity and residuary gift, whole annuity to be first satisfied.

What has priority where there is both an annuity and a residuary gift under Section 176?

The whole annuity shall be satisfied before any part of the residue is paid to the residuary legatee.

Can the capital of the testator's estate be applied to satisfy the annuity under Section 176?

Yes, if necessary.

CHAPTER XXI

Of Legacies to creditors and Portioners

What is the subject matter of Section 177?

Creditor prima facie entitled to legacy as well as debt.

When is a creditor entitled to both the legacy and the debt under Section 177?

When the will does not show that the legacy is intended as satisfaction of the debt.

What is the subject matter of Section 178?

Child prima facie entitled to legacy as well as portion.

When is a child entitled to both the legacy and the portion under Section 178?

When the will does not indicate that the legacy is intended as satisfaction of the portion.

What is the subject matter of Section 179?

No ademption by subsequent provision for legatee.

Does a subsequent provision made for the legatee operate as ademption of a bequest under Section 179?

No, a bequest is not wholly or partially adeemed by a subsequent provision made by settlement or otherwise for the legatee.

CHAPTER XXII

Of Election

What is the subject matter of Section 180?

Circumstances in which election takes place.

When does the doctrine of election apply under Section 180?

When a testator professes to dispose of something which the testator has no right to dispose of.

What must the true owner elect under Section 180?

Either to confirm the disposition or to dissent from it.

What is the consequence of dissent by the true owner under Section 180?

The owner shall give up any benefits provided for the owner by the will.

What is the subject matter of Section 181?

Devolution of interest relinquished by owner.

How does the interest relinquished by the owner devolve under Section 181?

As if it had not been disposed of by the will in favour of the legatee, subject to the charge of making good to the disappointed legatee the amount or value of the gift.

What is the subject matter of Section 182?

Testator's belief as to his ownership immaterial.

Is the application of Sections 180 and 181 affected by the testator's belief regarding ownership under Section 182?

No, they apply whether or not the testator believed the property to be the testator's own.

What is the subject matter of Section 183?

Bequest for man's benefit how regarded for purpose of election.

How is a bequest made for a person's benefit regarded for the purpose of election under Section 183?

It is regarded as the same as a bequest made to the person himself.

What is the subject matter of Section 184?

Person deriving benefit indirectly not put to election.

Is a person deriving only an indirect benefit under a will put to election under Section 184?

No, only a person taking a direct benefit under the will is put to election.

What is the subject matter of Section 185?

Person taking in individual capacity under will may in other character elect to take in opposition.

In what capacity may a person elect to take in opposition to the will under Section 185?

In a character different from that in which the person takes a benefit under the will.

What is the subject matter of Section 186?

Exception to provisions of last six sections.

When does the exception under Section 186 apply?

When a particular gift is expressed in the will to be in lieu of something belonging to the legatee which is also disposed of by the will.

What must the legatee relinquish under Section 186 if the legatee claims the property belonging to him?

The particular gift given in lieu of that property.

Is the legatee required to relinquish other benefits under the will under Section 186?

No, the legatee is not bound to relinquish any other benefit given by the will.

What is the subject matter of Section 187?

When acceptance of benefit given by will constitutes election to take under will.

When does acceptance of a benefit under a will constitute an election under Section 187?

When the legatee accepts the benefit with knowledge of the right to elect and the material circumstances, or waives inquiry into those circumstances.

What knowledge must the legatee possess for acceptance to constitute an election under Section 187?

Knowledge of the right to elect and of the circumstances that would influence the judgment of a reasonable person in making an election.

When is a legatee deemed to have elected despite lack of inquiry under Section 187?

When the legatee waives inquiry into the relevant circumstances.

What is the subject matter of Section 188?

Circumstances in which knowledge or waiver is presumed or inferred.

When is knowledge or waiver of inquiry presumed under Section 188(1)?

When the legatee has enjoyed the benefits under the will for two years without expressing dissent, unless the contrary is proved.

For how long must a legatee enjoy the benefits under the will for the presumption under Section 188(1) to arise?

Two years.

When may knowledge or waiver of inquiry be inferred under Section 188(2)?

When the legatee does an act making it impossible to restore the interested persons to the same position as if the act had not been done.

What is the subject matter of Section 189?

When testator's representatives may call upon legatee to elect.

Within what period must a legatee signify the intention to confirm or dissent from the will under Section 189?

Within one year after the death of the testator.

When may the testator's representatives require the legatee to make an election under Section 189?

After the expiry of one year from the testator's death if the legatee has not signified the intention to confirm or dissent.

What is the consequence if the legatee fails to comply with the requisition to elect within a reasonable time under Section 189?

The legatee is deemed to have elected to confirm the will.

What is the subject matter of Section 190?

Postponement of election in case of disability.

When is election postponed under Section 190?

Until the disability ceases or until the election is made by a competent authority.

What is the subject matter of Section 191?

Property transferable by gift made in contemplation of death.

What property may be transferred by a gift made in contemplation of death under Section 191(1)?

Any movable property which the donor could dispose of by will.

When is a gift said to be made in contemplation of death under Section 191(2)?

When a person, being ill and expecting to die shortly of that illness, delivers possession of movable property to another as a gift in case the donor dies of that illness.

What must the donor deliver to constitute a gift in contemplation of death under Section 191(2)?

Possession of the movable property.

Can a gift made in contemplation of death be resumed by the donor under Section 191(3)?

Yes, it may be resumed by the donor.

When does a gift made in contemplation of death not take effect under Section 191(3)?

If the donor recovers from the illness during which it was made or survives the donee.

PART VII

PROTECTION OF PROPERTY OF DECEASED

What is the subject matter of Section 192?

Person claiming right by succession to property of deceased may apply for relief against wrongful possession.

Who may apply for relief under Section 192(1)?

Any person claiming a right by succession to the deceased's movable or immovable property or any portion thereof.

To whom is the application under Section 192(1) made?

The District Judge of the district where any part of the property is found or situated.

When may an application be made under Section 192(1)?

After another person has taken possession or when forcible seizure of possession is apprehended.

Who may apply on behalf of a minor, disqualified or absent successor under Section 192(2)?

An agent, relative, near friend or the Court of Wards, where applicable.

What is the subject matter of Section 193?

Inquiry made by Judge.

What must the District Judge do first on receiving an application under Section 193?

Examine the applicant on oath.

What matters must the District Judge be satisfied about under Section 193?

That the opposite party has no lawful title, the applicant is really entitled, material prejudice is likely if left to a suit, and the application is bona fide.

What is the subject matter of Section 194?

Procedure.

When shall the District Judge summon the party complained of under Section 194?

When satisfied that sufficient grounds exist under Section 193.

What notice must the District Judge issue under Section 194?

Notice of vacant or disturbed possession by publication.

What shall the District Judge determine under Section 194 after giving notice?

The right to possession summarily, subject to a suit.

What order may the District Judge pass after determining the right to possession under Section 194?

Deliver possession accordingly.

What interim power does the District Judge have under the proviso to Section 194?

To appoint an officer to take an inventory of effects and seal or otherwise secure them without delay.

Can the District Judge exercise the interim power under the proviso to Section 194 before completing the inquiry for summoning the opposite party?

Yes.

What is the subject matter of Section 195?

Appointment of curator pending determination of proceeding.

When may the District Judge appoint a curator under Section 195?

When there is danger of misappropriation or waste of the property before the summary proceeding is determined and delay or insufficiency of security exposes the lawful owner to considerable risk.

How long does the authority of a curator continue under Section 195?

According to the terms of the appointment and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession.

To whom may the District Judge delegate the powers of a curator in respect of land under the first proviso to Section 195?

The Collector or an officer subordinate to the Collector.

What publication is required under the second proviso to Section 195?

Every appointment of a curator in respect of any property shall be duly published.

What is the subject matter of Section 196?

Powers conferrable on curator.

What powers may the District Judge confer on a curator under Section 196?

To take possession of the property generally, until security is given, until inventories are made, or for any other purpose necessary to protect the property from misappropriation or waste.

May the party in possession continue in possession under Section 196?

Yes, at the discretion of the Judge, on giving security or otherwise, subject to the Judge's orders.

What is the subject matter of Section 197?

Prohibition of exercise of certain powers by curators.

When is a curator prohibited from exercising certain powers under Section 197(1)?

When a succession certificate, probate or letters of administration has been granted.

Whose authority cannot be exercised by a curator under Section 197(1)?

The authority lawfully belonging to the holder of the succession certificate or to the executor or administrator.

What is the effect of payment of debts or rents to an authorised curator under Section 197(2)?

The payer is indemnified.

To whom is the curator accountable for debts or rents received under Section 197(2)?

The person who has obtained the succession certificate, probate or letters of administration, as the case may be.

What is the subject matter of Section 198?

Curator to give security and may receive remuneration.

What security must the District Judge obtain from the curator under Section 198(1)?

Security for the faithful discharge of the trust and for rendering satisfactory accounts.

What remuneration may a curator receive under Section 198(1)?

Such remuneration as the District Judge considers reasonable, not exceeding five per cent on the movable property and the annual profits of the immovable property.

What is the maximum remuneration payable to a curator under Section 198(1)?

Five per cent on the movable property and the annual profits of the immovable property.

How shall surplus money realised by the curator be dealt with under Section 198(2)?

It shall be paid into Court and invested in public securities for the benefit of the persons entitled upon adjudication of the summary proceeding.

When should security be taken from the curator under Section 198(3)?

With all reasonable despatch.

For what purpose may security be taken generally under Section 198(3)?

To answer all cases for which the person may afterwards be appointed curator.

Does delay in taking security prevent the curator from exercising the powers of office under Section 198(3)?

No, the Judge may immediately invest the curator with the powers of the office despite such delay.

What is the subject matter of Section 199?

Report from Collector where estate includes revenue paying land.

When must the District Judge obtain a report from the Collector under Section 199(1)?

When the estate wholly or partly consists of land paying revenue to Government and the matter concerns summoning the party in possession, appointing a curator or nominating a curator.

When may the District Judge proceed without the Collector's report under the proviso to Section 199(1)?

In cases of urgency.

Is the District Judge bound by the Collector's report under Section 199(2)?

No.

What must the District Judge do if acting contrary to the Collector's report under Section 199(2)?

Forward a statement of reasons to the High Court.

What may the High Court direct under Section 199(2) if dissatisfied with the Judge's reasons?

Direct the Judge to proceed in conformity with the Collector's report.

What is the subject matter of Section 200?

Institution and defence of suits.

Under whose orders shall the curator institute or defend suits under Section 200?

The orders of the District Judge.

In whose name may suits relating to the estate be instituted or defended under Section 200?

In the name of the curator on behalf of the estate.

What express authority is required under the proviso to Section 200?

Authority for the collection of debts or rents.

What does the express authority under the proviso to Section 200 empower the curator to do?

Give a full acquittance for sums of money received.

What is the subject matter of Section 201?

Allowances to apparent owners pending custody by curator.

What allowances may the District Judge grant under Section 201?

Allowances to persons having a prima facie right to the property.

What security may the District Judge require under Section 201?

Security for repayment with interest if the recipient is ultimately found not entitled.

What is the subject matter of Section 202?

Accounts to be filed by curator.

How often must the curator file abstract accounts under Section 202?

Monthly.

When must the curator file detailed accounts under Section 202?

Every three months during administration and upon giving up possession of the property.

What is the subject matter of Section 203?

Inspection of accounts and right of interested party to keep duplicate.

Who may inspect the curator's accounts under Section 203(1)?

All parties interested.

What right does an interested party have under Section 203(1)?

To appoint a separate person to keep a duplicate account of the curator's receipts and payments.

When is a curator liable to fine under Section 203(2)?

When the accounts are in arrear, erroneous, incomplete, or not produced when ordered.

What is the maximum fine under Section 203(2)?

One thousand rupees for every default.

What is the subject matter of Section 204?

Bar to appointment of second curator for same property.

What is the effect of appointing a curator for the whole property under Section 204?

It bars another Judge in the same State from appointing another curator for the same property.

Does appointment of a curator for part of the property bar appointment for the remaining property under Section 204?

No.

When is a Judge prohibited from appointing a curator under the first proviso to Section 204?

When the property is already the subject of a previously instituted summary proceeding before another Judge.

What power does the High Court have under the second proviso to Section 204?

To appoint one curator for the whole property where different curators have been appointed for different parts of the estate.

What is the subject matter of Section 205?

Limitation of time for application for curator.

Within what period must an application for appointment of a curator be made under Section 205?

Within six months of the death of the proprietor whose property is claimed by succession.

What is the subject matter of Section 206?

Bar to enforcement of Part against public settlement or legal directions by deceased.

What does Section 206 prohibit?

Contravention of any public act of settlement or legal directions given by the deceased regarding possession of the property after death.

What must the District Judge do on being satisfied of the existence of such directions under Section 206?

Give effect to those directions.

What is the subject matter of Section 207?

Court of Wards to be made curator in case of minors having property subject to its jurisdiction.

Does Section 207 permit disturbance of the possession of the Court of Wards?

No.

Who shall be appointed curator under Section 207 where the property of a minor or other disqualified person is subject to the Court of Wards?

The Court of Wards.

Is security required from the Court of Wards when appointed curator under Section 207?

No.

To whom shall possession be delivered under Section 207 if the minor or other disqualified person is found entitled to the property?

The Court of Wards.

What is the subject matter of Section 208?

Saving of right to bring suit.

Does rejection of an application or eviction under this Part bar the institution of a suit under Section 208?

No.

Who may institute a suit under Section 208?

The applicant whose application was rejected or the person evicted from possession under this Part.

What is the subject matter of Section 209?

Effect of decision of summary proceeding.

What is the effect of a decision in a summary proceeding under Section 209?

It settles only the actual possession.

Is the decision in a summary proceeding under Section 209 appealable or reviewable?

No, it is final for the purpose of settling actual possession.

What is the subject matter of Section 210?

Appointment of public curators.

Who may appoint public curators under Section 210?

The State Government.

When shall the District Judge nominate a public curator under Section 210?

When the choice of a curator is left to the Judge's discretion under this Part.

PART VIII

REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION

What is the subject matter of Section 211?

Character and property of executor or administrator as such.

Who is the legal representative of a deceased person under Section 211(1)?

The executor or administrator, as the case may be.

In whom does the property of the deceased vest under Section 211(1)?

The executor or administrator.

What is the exception under Section 211(2)?

Property which would pass by survivorship to another person does not vest in the executor or administrator.

To whom does the exception under Section 211(2) apply?

Hindus, Muhammadans, Buddhists, Sikhs, Jainas, Parsis and exempted persons.

What is the subject matter of Section 212?

Right to intestate's property.

What is required to establish a right to the property of an intestate under Section 212(1)?

Letters of administration granted by a Court of competent jurisdiction.

To whom does Section 212 not apply under Section 212(2)?

Hindus, Muhammadans, Buddhists, Sikhs, Jainas, Indian Christians and Parsis.

What is the status of Section 213?

Omitted by the Repealing and Amending Act, 2025 with effect from 20 December 2025.

What is the subject matter of Section 214?

Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.

What is the condition precedent for obtaining a decree against a debtor of a deceased person under Section 214(1)?

Production of proof of representative title in the prescribed form.

What is the condition precedent for execution of a decree against a debtor of a deceased person under Section 214(1)?

Production of proof of representative title in the prescribed form.

What documents constitute proof of representative title under Section 214(1)?

Probate, letters of administration, a certificate under sections 31 or 32 of the Administrator General's Act, 1913, a succession certificate under Part X, a certificate under the Succession Certificate Act, 1889, or a certificate under Bombay Regulation VIII of 1827, as applicable.

What does the term "debt" include under Section 214(2)?

Any debt except rent, revenue or profits payable in respect of land used for agricultural purposes.

What is the subject matter of Section 215?

Effect of subsequent probate or letters of administration.

What is the effect of a subsequent grant of probate or letters of administration under Section 215(1)?

It supersedes any previously granted certificate relating to debts or securities included in the estate.

Who is entitled to continue a pending suit after grant of probate or letters of administration under Section 215(2)?

The person to whom the probate or letters of administration has been granted.

What is the effect of payments made in ignorance of supersession under the proviso to Section 215(2)?

Such payments remain valid against claims under the probate or letters of administration.

What is the subject matter of Section 216?

Grantee of probate or administration alone to sue, etc., until same revoked.

Who alone may sue or act as the representative of the deceased after grant of probate or letters of administration under Section 216?

The person to whom the probate or letters of administration has been granted.

Until when does the exclusive authority of the grantee continue under Section 216?

Until the probate or letters of administration is recalled or revoked.

PART IX

PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED

What is the subject matter of Section 218?

To whom administration may be granted, where deceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.

To whom may letters of administration be granted under Section 218(1)?

A person who, under the applicable rules of succession, is entitled to the whole or any part of the deceased's estate.

How does the Court decide among multiple applicants under Section 218(2)?

It may, in its discretion, grant administration to any one or more of them.

To whom may administration be granted if no eligible person applies under Section 218(3)?

A creditor of the deceased.

What is the subject matter of Section 219?

Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.

Who is entitled to obtain letters of administration under Section 219?

Persons connected with the deceased by marriage or consanguinity, in the order and according to the rules provided in this Chapter.

Who has the first preference for grant of administration under Section 219(a)?

The widow of the deceased.

When may the Court refuse to grant administration to the widow under Section 219(a)?

When she is personally disqualified or has no interest in the estate of the deceased.

What is the subject matter of Section 220?

Effect of letters of administration.

What is the effect of letters of administration under Section 220?

They entitle the administrator to all rights belonging to the intestate as if the administration had been granted immediately after the intestate's death.

What is the subject matter of Section 221?

Acts not validated by administration.

Do letters of administration validate prior acts diminishing or damaging the intestate's estate under Section 221?

No.

What is the subject matter of Section 222?

Probate only to appointed executor.

To whom may probate be granted under Section 222(1)?

Only to an executor appointed by the will.

How may an executor be appointed under Section 222(2)?

Expressly or by necessary implication.

What is the subject matter of Section 223?

Persons to whom probate cannot be granted.

To whom cannot probate be granted under Section 223?

A minor, a person of unsound mind, or an association of individuals unless it is a company satisfying the prescribed conditions.

What is the subject matter of Section 224?

Grant of probate to several executors simultaneously or at different times.

How may probate be granted where several executors are appointed under Section 224?

Simultaneously to all or at different times.

What is the subject matter of Section 225?

Separate probate of codicil discovered after grant of probate.

When may a separate probate of a codicil be granted under Section 225(1)?

When the codicil is discovered after grant of probate and does not repeal the appointment of executors made by the will.

What is the consequence if a codicil appoints different executors under Section 225(2)?

The probate of the will shall be revoked and a new probate granted for the will and codicil together.

What is the subject matter of Section 226?

Accrual of representation to surviving executor.

To whom does the representation of the testator accrue on the death of one of several executors under Section 226?

The surviving executor or executors.

What is the subject matter of Section 227?

Effect of probate.

From what date does probate establish the will under Section 227?

From the death of the testator.

What is the effect of probate on the executor's intermediate acts under Section 227?

It renders all intermediate acts of the executor valid.

What is the subject matter of Section 228?

Administration, with copy annexed, of authenticated copy of will proved abroad.

When may letters of administration with a copy annexed be granted under Section 228?

When a will has been proved and deposited in a competent Court outside the State and a properly authenticated copy of the will is produced.

What is the subject matter of Section 229?

Grant of administration where executor has not renounced.

When cannot letters of administration be granted to another person under Section 229?

Until a citation has been issued calling upon the appointed executor to accept or renounce the executorship.

When may letters of administration be granted without citing executors who have not proved the will under the proviso to Section 229?

On the death of the survivor of the executors who had proved the will.

What is the subject matter of Section 230?

Form and effect of renunciation of executorship.

How may an executor renounce the executorship under Section 230?

Orally before the Judge or by a signed written renunciation.

What is the effect of renunciation under Section 230?

The executor is forever precluded from applying for probate of that will.

What is the subject matter of Section 231?

Procedure where executor renounces or fails to accept within time limited.

What may the Court do if an executor renounces or fails to accept the executorship within the prescribed time under Section 231?

Grant letters of administration with the will annexed to the person entitled in case of intestacy.

What is the subject matter of Section 232?

Grant of administration to universal or residuary legatees.

When may a universal or residuary legatee obtain letters of administration with the will annexed under Section 232?

When no executor is appointed, or the executor is incapable, refuses to act, dies before the testator or before proving the will, or dies after proving the will before fully administering the estate.

To what extent may letters of administration be granted under Section 232?

To the whole estate or so much of it as remains unadministered.

What is the subject matter of Section 233?

Right to administration of representative of deceased residuary legatee.

Who has the right to administration under Section 233 when a residuary legatee dies before full administration of the estate?

The representative of the residuary legatee.

What is the subject matter of Section 234?

Grant of administration where no executor, nor residuary legatee nor representative of such legatee.

Who may be granted letters of administration under Section 234?

A person entitled in case of intestacy, any other beneficial legatee, or a creditor.

Under what circumstances does Section 234 apply?

When there is no executor or no residuary legatee or representative of the residuary legatee, or such person declines, is incapable, or cannot be found.

What is the subject matter of Section 235?

Citation before grant of administration to legatee other than universal or residuary.

When is citation to the next-of-kin mandatory under Section 235?

Before granting letters of administration with the will annexed to a legatee other than a universal or residuary legatee.

For what purpose is the citation issued under Section 235?

To call upon the next-of-kin to accept or refuse letters of administration.

What is the subject matter of Section 236?

To whom administration may not be granted.

To whom cannot letters of administration be granted under Section 236?

A minor, a person of unsound mind, or an association of individuals unless it is a company satisfying the prescribed conditions.

What is the subject matter of Section 236A?

Laying of rules before State Legislature.

What is required to be laid before the State Legislature under Section 236A?

Every rule made by the State Government under Sections 223 and 236.

When must the rules be laid before the State Legislature under Section 236A?

As soon as they are made.

CHAPTER II

Of Limited Grants Grants limited in duration

What is the subject matter of Section 237?

Probate of copy or draft of lost will.

When may probate of a copy or draft of a will be granted under Section 237?

When the original will is lost, mislaid or destroyed by wrong or accident, not by the testator, and a copy or draft is preserved.

To what extent is probate granted under Section 237?

Until the original will or a properly authenticated copy is produced.

What is the subject matter of Section 238?

Probate of contents of lost or destroyed will.

When may probate of the contents of a lost or destroyed will be granted under Section 238?

When no copy or draft exists but the contents can be established by evidence.

What is the subject matter of Section 239?

Probate of copy where original exists.

When may probate of a copy of a will be granted under Section 239?

When the original is outside the State, the holder refuses or neglects to deliver it, a copy has been transmitted to the executor, and immediate probate is necessary for the estate.

To what extent is probate granted under Section 239?

Until the original will or an authenticated copy is produced.

What is the subject matter of Section 240?

Administration until will produced.

When may letters of administration be granted under Section 240?

When no will is forthcoming but there is reason to believe that a will exists.

To what extent is administration granted under Section 240?

Until the will or an authenticated copy is produced.

What is the subject matter of Section 241?

Administration, with will annexed, to attorney of absent executor.

When may administration with the will annexed be granted to the attorney or agent of an absent executor under Section 241?

When the executor is absent from the State and no executor within the State is willing to act.

For whose benefit is the grant made under Section 241?

For the use and benefit of the absent executor.

Until when does the grant under Section 241 continue?

Until the absent executor obtains probate or letters of administration.

What is the subject matter of Section 242?

Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.

When may administration with the will annexed be granted under Section 242?

When the person entitled to administration is absent from the State.

To whom may the grant be made under Section 242?

The attorney or agent of the absent person.

What is the subject matter of Section 243?

Administration to attorney of absent person entitled to administer in case of intestacy.

When may letters of administration be granted to an attorney or agent under Section 243?

When the person entitled in case of intestacy is absent from the State and no equally entitled person is willing to act.

What is the subject matter of Section 244?

Administration during minority of sole executor or residuary legatee.

To whom may administration be granted under Section 244?

The legal guardian of the minor or another fit person.

Until when does the grant under Section 244 continue?

Until the minor attains majority.

When shall probate be granted to the minor under Section 244?

On attaining majority and not before.

What is the subject matter of Section 245?

Administration during minority of several executors or residuary legatees.

Until when is the grant limited under Section 245?

Until one of the minor executors or residuary legatees attains majority.

What is the subject matter of Section 246?

Administration for use and benefit of lunatic or minor.

To whom may letters of administration be granted under Section 246?

The person entrusted with the care of the minor's or lunatic's estate by competent authority or, in default, such other person as the Court thinks fit.

For whose benefit is the grant made under Section 246?

For the use and benefit of the minor or lunatic.

Until when does the grant under Section 246 continue?

Until the minor attains majority or the lunatic becomes of sound mind.

What is the subject matter of Section 247?

Administration pendente lite.

When may the Court appoint an administrator pendente lite under Section 247?

During the pendency of a suit concerning the validity of a will or the grant or revocation of probate or letters of administration.

What powers does an administrator pendente lite have under Section 247?

All the powers of a general administrator except the power to distribute the estate.

Under whose control does an administrator pendente lite act under Section 247?

The immediate control and direction of the Court.

What is the subject matter of Section 248?

Probate limited to purpose specified in will.

When is probate limited under Section 248?

When the executor is appointed for a limited purpose specified in the will.

How are letters of administration granted to the executor's attorney or agent under Section 248?

They are limited to the same purpose.

What is the subject matter of Section 249?

Administration, with will annexed, limited to particular purpose.

When are letters of administration limited under Section 249?

When the executor's authority to the attorney or agent is limited to a particular purpose.

What is the subject matter of Section 250?

Administration limited to property in which person has beneficial interest.

When may limited letters of administration be granted under Section 250?

When the deceased was the sole or surviving trustee or had no beneficial interest in the property and there is no general representative willing or able to act.

To whom may limited administration be granted under Section 250?

The beneficiary or another person on the beneficiary's behalf.

What is the subject matter of Section 251?

Administration limited to suit.

When may letters of administration limited to a suit be granted under Section 251?

When the deceased's representative is required in a pending suit and the executor or person entitled to administration is unable or unwilling to act.

To whom may letters of administration be granted under Section 251?

The nominee of a party to the suit.

Until when does the grant under Section 251 continue?

Until the final decree is made and completely executed.

What is the subject matter of Section 252?

Administration limited to purpose of becoming party to suit to be brought against administrator.

When may letters of administration be granted under Section 252?

When twelve months have expired from the grant of probate or letters of administration and the executor or administrator is absent from the State.

For what purpose are letters of administration granted under Section 252?

To become and be made a party to a suit against the executor or administrator and carry the decree into effect.

What is the subject matter of Section 253?

Administration limited to collection and preservation of deceased's property.

When may limited administration be granted under Section 253?

When it is necessary to preserve the property of the deceased.

What powers does an administrator have under Section 253?

To collect and preserve the property and give discharges for debts due to the estate, subject to the Court's directions.

What is the subject matter of Section 254?

Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration.

When may the Court appoint a person not ordinarily entitled to administration under Section 254(1)?

When the deceased dies intestate, or without a willing and competent executor, or the executor resides outside the State, and such appointment is necessary or convenient.

What factors must the Court consider under Section 254(1)?

Consanguinity, amount of interest, safety of the estate and the probability of proper administration.

May letters of administration be limited under Section 254(2)?

Yes, the Court may grant limited or unlimited letters of administration at its discretion.

What is the subject matter of Section 255?

Probate or administration, with will annexed, subject to exception.

When may probate or letters of administration with the will annexed be granted subject to an exception under Section 255?

Whenever the nature of the case requires an exception.

What is the subject matter of Section 256?

Administration with exception.

When may letters of administration be granted subject to an exception under Section 256?

Whenever the nature of the case requires an exception.

What is the subject matter of Section 257?

Probate or administration of rest.

Who may obtain probate or letters of administration of the remainder of the estate under Section 257?

The person entitled to probate or administration of the remainder of the deceased's estate.

When does Section 257 apply?

When a grant of probate or letters of administration has been made with an exception.

What is the subject matter of Section 258?

Grant of effects unadministered.

When may a new representative be appointed under Section 258?

When an executor who obtained probate dies leaving part of the testator's estate unadministered.

For what purpose is a new representative appointed under Section 258?

To administer the unadministered part of the estate.

What is the subject matter of Section 259?

Rules as to grants of effects unadministered.

What rules govern the grant of letters of administration of an estate not fully administered under Section 259?

The same rules that apply to original grants.

To whom may letters of administration be granted under Section 259?

Only to persons who would have been entitled to an original grant.

What is the subject matter of Section 260?

Administration when limited grant expired and still some part of estate unadministered.

When may letters of administration be granted under Section 260?

When a limited grant has expired and part of the estate remains unadministered.

To whom may letters of administration be granted under Section 260?

Persons who would have been entitled to an original grant.

CHAPTER III

Alteration and Revocation of Grants

What is the subject matter of Section 261?

What errors may be rectified by Court.

What errors may the Court rectify under Section 261?

Errors in names, descriptions, the time or place of death, or the purpose in a limited grant.

What may the Court do after rectifying errors under Section 261?

Alter and amend the probate or letters of administration accordingly.

What is the subject matter of Section 262?

Procedure where codicil discovered after grant of administration with will annexed.

What may the Court do if a codicil is discovered after grant of letters of administration with the will annexed under Section 262?

Add the codicil to the grant on due proof and identification and alter and amend the grant accordingly.

What is the subject matter of Section 263?

Revocation or annulment for just cause.

When may probate or letters of administration be revoked or annulled under Section 263?

For just cause.

What constitutes just cause under Section 263(a)?

Proceedings to obtain the grant were defective in substance.

What constitutes just cause under Section 263(b)?

The grant was obtained fraudulently by false suggestion or concealment of a material fact.

What constitutes just cause under Section 263(c)?

The grant was obtained by an untrue allegation of an essential fact, though made in ignorance or inadvertently.

What constitutes just cause under Section 263(d)?

The grant has become useless and inoperative through circumstances.

What constitutes just cause under Section 263(e)?

The grantee wilfully and without reasonable cause failed to exhibit the required inventory or account, or exhibited one that is materially untrue.

CHAPTER IV

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

What is the subject matter of Section 264?

Jurisdiction of District Judge in granting and revoking probates, etc.

What jurisdiction does the District Judge have under Section 264(1)?

Jurisdiction to grant and revoke probate and letters of administration in all cases within the district.

When can Courts outside the towns of Calcutta, Madras and Bombay receive applications for probate or letters of administration under Section 264(2)?

Only after being authorised by the State Government by notification in the Official Gazette.

To whom does the restriction under Section 264(2) apply?

Cases, other than those covered by Section 57, where the deceased was a Hindu, Muhammadan, Buddhist, Sikh, Jaina or an exempted person.

What is the subject matter of Section 265?

Power to appoint delegate of District Judge to deal with non-contentious cases.

Who may appoint District Delegates under Section 265(1)?

The High Court.

For what purpose are District Delegates appointed under Section 265(1)?

To grant probate and letters of administration in non-contentious cases on behalf of the District Judge.

What limitation applies to the powers of District Delegates under Section 265(1)?

They may act only within the local limits prescribed by the High Court.

What approval is required before appointing District Delegates in the case of High Courts not established by Royal Charter under the proviso to Section 265(1)?

Previous sanction of the State Government.

What are persons appointed under Section 265(2) called?

District Delegates.

What is the subject matter of Section 266?

District Judge's powers as to grant of probate and administration.

What powers does the District Judge have under Section 266?

The same powers and authority as are vested in him in relation to any civil suit or proceeding pending in his Court.

What is the subject matter of Section 267?

District Judge may order person to produce testamentary papers.

When may the District Judge order a person to produce testamentary papers under Section 267(1)?

When such papers are shown to be in the person's possession or control.

What kind of documents may be ordered to be produced under Section 267(1)?

Any paper or writing being or purporting to be testamentary.

When may the Court examine a person regarding testamentary papers under Section 267(2)?

When the papers are not shown to be in the person's possession or control but there is reason to believe that the person has knowledge of them.

What duties does a person examined under Section 267(3) have?

To attend, answer the Court's questions truthfully and produce the testamentary paper if ordered.

What is the consequence of default under Section 267(3)?

The person is liable to the same punishment under the BNS as a party to a suit committing similar default.

Who has discretion regarding costs under Section 267(4)?

The District Judge.

What is the subject matter of Section 268?

Proceedings of District Judge's Court in relation to probate and administration.

By what law are proceedings before the District Judge regulated under Section 268?

The Code of Civil Procedure, 1908, so far as the circumstances of the case permit, unless otherwise provided.

What is the subject matter of Section 269?

When and how District Judge to interfere for protection of property.

When may the District Judge interfere for the protection of a deceased person's property under Section 269(1)?

Until probate is granted or an administrator is constituted.

In what circumstances may the District Judge interfere under Section 269(1)?

At the instance of an interested person or when the property is at risk of loss or damage.

What protective measure may the District Judge take under Section 269(1)?

Appoint an officer to take and keep possession of the property.

To whom does Section 269 not apply under Section 269(2)?

A Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person, and the intestate property of an Indian Christian.

What is the subject matter of Section 270?

When probate or administration may be granted by District Judge.

When may a District Judge grant probate or letters of administration under Section 270?

When the verified petition shows that the deceased had a fixed place of abode or property within the Judge's jurisdiction at the time of death.

What is the subject matter of Section 271?

Disposal of application made to Judge of district in which deceased had no fixed abode.

When may the District Judge refuse an application under Section 271?

When the deceased had no fixed place of abode in the district and the application can be more justly or conveniently decided in another district.

What options are available to the District Judge on an application for letters of administration under Section 271?

Grant them absolutely or limit them to the property within his jurisdiction.

What is the subject matter of Section 272?

Probate and letters of administration may be granted by Delegate.

When may a District Delegate grant probate or letters of administration under Section 272?

In a non-contentious case where the verified petition shows that the deceased had a fixed place of abode within the Delegate's jurisdiction at the time of death.

What is the subject matter of Section 273?

Conclusiveness of probate or letters of administration.

What is the territorial effect of probate or letters of administration under Section 273?

They operate over all movable and immovable property of the deceased throughout the State in which they are granted.

Against whom is probate or letters of administration conclusive under Section 273?

All debtors of the deceased and all persons holding the deceased's property.

What protection is afforded to debtors and property holders under Section 273?

Full indemnity for paying debts or delivering property to the grantee.

When do probate or letters of administration have effect throughout other States under the proviso to Section 273?

When granted by a High Court or by a qualified District Judge with the prescribed certificate, unless otherwise directed by the grant.

What is the maximum value of property outside the State for certification under the proviso to Section 273?

Ten thousand rupees.

What is the subject matter of Section 274?

Transmission to High Courts of certificate of grants under proviso to Section 273.

When must a certificate of grant be transmitted under Section 274(1)?

When probate or letters of administration is granted with the effect referred to in the proviso to Section 273.

To whom must a High Court send the certificate under Section 274(1)(a)?

To each of the other High Courts.

To whom must a District Judge send the certificate under Section 274(1)(b)?

To the High Court to which he is subordinate and to each of the other High Courts.

In what form must the certificate be prepared under Section 274(2)?

As nearly as circumstances admit in the form set forth in Schedule IV.

What must the receiving High Court do with the certificate under Section 274(2)?

File the certificate.

When must a copy of the certificate be sent to another District Judge under Section 274(3)?

When part of the assets is situated within the jurisdiction of a District Judge in another State.

What must the receiving District Judge do with the copy under Section 274(3)?

File the copy.

What is the subject matter of Section 275?

Conclusiveness of application for probate or administration if properly made and verified.

When is an application for probate or letters of administration conclusive under Section 275?

When it is made and verified in the prescribed manner.

On what ground cannot a grant be impeached under Section 275?

Merely because the deceased had no fixed place of abode or no property within the district at the time of death.

When may a grant be impeached despite Section 275?

In proceedings for revocation where the grant was obtained by fraud upon the Court.

What is the subject matter of Section 276?

Petition for probate.

In what language must a petition under Section 276(1) be written?

In English or the language ordinarily used in proceedings before the Court.

What must accompany a petition under Section 276(1)?

The will or, in cases under Sections 237, 238 and 239, its copy, draft or statement of contents.

What must the petition state regarding the testator under Section 276(1)(a)?

The time of the testator's death.

What must the petition state regarding the annexed document under Section 276(1)(b)?

That it is the testator's last will and testament.

What must the petition state regarding execution of the will under Section 276(1)(c)?

That the will was duly executed.

What must the petition state regarding assets under Section 276(1)(d)?

The amount of assets likely to come into the petitioner's hands.

What additional statement is required when probate is sought under Section 276(1)(e)?

That the petitioner is the executor named in the will.

What additional statement is required in a petition to the District Judge under Section 276(2)(a)?

That the deceased had a fixed place of abode or property within the Judge's jurisdiction at the time of death.

What additional statement is required in a petition to a District Delegate under Section 276(2)(b)?

That the deceased had a fixed place of abode within the Delegate's jurisdiction at the time of death.

What additional particulars are required when assets are situated in another State under Section 276(3)?

The amount of such assets in each State and the District Judges within whose jurisdiction they are situated.

What is the subject matter of Section 277?

In what cases translation of will to be annexed to petition; verification of translation by person other than Court translator.

When must a translation be annexed to a petition under Section 277?

When the will, copy or draft is written in a language other than English or the language ordinarily used in proceedings before the Court.