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ACT NO. XXXIX OF 1925Year 192530th September, 1925

The Succession Act,

39Chapters

395Sections

BD Law Portal

✦

§

General Provisions

28

Power of Government to exempt any race, sect or tribe from operation of Act

Application of Part

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

One domicile only affects succession to moveables

Domicile of origin of person of legitimate birth

Domicile of origin of illegitimate child

Continuance of domicile of origin

Acquisition of new domicile

Special mode of acquiring domicile in Bangladesh

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

Continuance of new domicile

Minor's Domicile

Domicile acquired by woman on marriage

Wife's domicile during marriage

Minor's acquisition of new domicile

Lunatic's acquisition of new domicile

Succession to moveable property in Bangladesh, in absence of proof of domicile elsewhere

Interests and powers not acquired nor lost by marriage

Effect of marriage between person domiciled and one not domiciled in Bangladesh

Settlement of minor's property in contemplation of marriage

Application of Part

Kindred or consanguinity

Lineal consanguinity

Collateral consanguinity

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

Mode of computing of degrees of kindred

I

Chapter I

PRELIMINARY

2

Application of Part

As to what property deceased considered to have died intestate

II

Chapter II

RULES IN CASES OF INTESTATES OTHER THAN PARSIS

20

Chapter not to apply to Parsis

Devolution of such property

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

Special provision where intestate has left widow and no lineal descendants

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

Rights of widower Distribution where there are lineal descendants

Rules of distribution

Where intestate has left child or children only

Where intestate has left no child, but grandchild or grand-children

Where intestate has left only great grandchildren or remoter lineal descendants

Where intestate leaves lineal desendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead Distribution where there are no lineal descendants

Rules of distribution where intestate has left no lineal descendants

Where intestate's father living

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

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

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

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

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

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

Children's advancements not brought into hotchpot

III

Chapter III

SPECIAL RULES FOR PARSI INTESTATES

7

General Principles relating to intestate successionc

Division of a male intestate's property among his widow, children and parents

Division of a female intestate's property among her widower and children

Division of share of predeceased child of intestate leaving lineal descendants

Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow of any lineal descendant

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

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

IV

Chapter I

INTRODUCTORY

2

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

General application of Part

V

Chapter II

OF WILLS AND CODICILS

4

Person capable of making wills

Testamentary guardian

Will obtained by fraud, coercion or importunity

Will may be revoked or altered

VI

Chapter III

OF THE EXECUTION OF UNPRIVILEGED WILLS

2

Execution of unprivileged wills

Incorporation of papers by reference

VII

Chapter IV

OF PRIVILEGED WILLS

2

Privileged wills

Mode of making, and rules for executing, privileged wills

VIII

Chapter V

OF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF WILLS

7

Effect of gift to attesting witness

Witness not disqualified by interest or by being executor

Revocation of will by testator's marriage

Revocation of unprivileged will or codicil

Effect of obliteration, interlineations or alteration in unprivileged will

Revocation of privileged will or codicil

Revival of unprivileged will

IX

Chapter VI

OF THE CONSTRUCTION OF WILLS

38

Wording of will

Inquiries to determine questions as to object or subject of will

Misnomer or misdescription of object

When words may be supplied

Rejection of erroneous particulars in description of subject

When part of description may not be rejected as erroneous

Extrinsic evidence admissible in cases of patent ambiguity

Extrinsic evidence inadmissible in case of patent ambiguity or deficiency

Meaning of clause to be collected from entire will

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

Which of two possible constructions preferred

No part rejected, if it can be reasonably construed

Interpretation of words repeated in different parts of will

Testator's intention to be effectuated as far as possible

The last of two inconsistent clauses prevails

Will or bequest void for uncertainty

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

Power of appointment executed by general bequest

Implied gift to objects of power in default of appointment

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

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

Bequest without words of limitation

Bequest in alternative

Effect of words describing a class added to bequest to person

Bequest to class of persons under general description only

Construction of terms

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

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

Constitution of residuary legatee

Property to which residuary legatee entitled

Time of vesting legacy in general terms

In what case legacy lapses

Legacy does not lapse if one of two joint legatees die before testator

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

When lapsed share goes as undisposed of

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

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

Survivorship in case of bequest to described class

X

Chapter VII

OF VOID BEQUESTS

7

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

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

Rule against perpetuity

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

Bequest to take effect on failure of prior bequest

Effect of direction for accoumulation

Bequest to religious or charitable uses

XI

Chapter VIII

OF THE VESTING OF LEGACIES

3

Date of vesting of legacy when payment or possession postponed

Date of vesting when legacy contingent upon specified uncertain event

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

XII

Chapter IX

OF ONEROUS BEQUESTS

2

Onerous bequests

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

XIII

Chapter X

OF CONTINGENT BEQUESTS

2

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

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

XIV

Chapter XI

OF CONDITIONAL BEQUESTS

12

Bequest upon impossible condition

Bequest upon illegal or immoral condition

Fulfilment of condition precedent to vesting of legacy

Bequest to A and on failure of prior bequest to B

When second bequest not to take effect on failure of first

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

Condition must be strictly fulfilled

Original bequest not affected by invalidity of second

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

Such condition must not be invalid under section 120

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

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

XV

Chapter XII

OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT.

3

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

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

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

XVI

Chapter XIII

OF BEQUESTS TO AN EXECUTOR

1

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

XVII

Chapter XIV

OF SPECIFIC LEGACIES

8

Specific legacy defined

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

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

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

When enumerated articles not deemed specifically bequeathed

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

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

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

XVIII

Chapter XV

OF DEMONSTRATIVE LEGACIES

2

Demonstrative legacy defined

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

XIX

Chapter XVI

OF ADEMPTION OF LEGACIES

15

Ademption explained

Non-ademption of demonstrative legacy

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

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

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

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

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

Ademption pro tanto where stock, specially bequeathed, exists in part only at testator's death

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

When removal of thing bequeathed does not constitute ademption

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

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

Change of subject without testator's knowledge

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

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

XX

Chapter XVII

OF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A BEQUEST

4

Non-liability of executor to exonerate specific legatees

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

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

Exoneration of specific legatee's stock in joint stock company

XXI

Chapter XVIII

OF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS

1

Bequest of thing described in general terms

XXII

Chapter XIX

OF BEQUESTS OF THE INTEREST OR PRODUCE OF A FUND

1

Bequest of interest or produce of fund

XXIII

Chapter XX

OF BEQUESTS OF ANNUTIES

4

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

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

Abatement of annuity

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

XXIV

Chapter XXI

OF LEGACIES TO CREDITORS AND PORTIONERS

3

Creditor prima facie entitled to legacy as well as debt

Child prima facie entitled to legacy as well as portion

No ademption by subsequent provision for leagatee

XXV

Chapter XXII

OF ELECTION

11

Circumstances in which election takes place

Devolution of interest relinquished by owner

Testator's belief as to his ownership immaterial

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

Person deriving benefit indirectly not put to election

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

Exception to provisions of last six sections

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

Circumstances in which knowledge or waiver is presumed or inferred

When testator's representatives may call upon legatee to elect

Postponement of election in case of disability

XXVI

Chapter XXIII

OF GIFTS IN CONTEMPLATION OF DEATH

28

Property transferable by gift made in contemplation of death

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

Inquiry made by Judge

Appointment of curator pending determination of proceeding

Powers conferrable on curator

Prohibition of exercise of certain powers by curators

Curator to give security and may receive remuneration

Report from Collector where estate includes revenue-paying land

Institution and defence of suits

Allowances to apparent owners pending custody by curator

Accounts to be filed by curator

Inspection of accounts and right of interested party to keep duplicate

Bar to appointment of second curator for same property

Limitation of time for application for curator

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

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

Saving of right to bring suit

Effect of decision of summary proceeding

Appointment of public curators

Character and property of executor or administrator as such

Right to intestate's property

Right as executor or legatee when established

Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons

Effect on certificate of subsequent probate or letters of administration

Grantee of probate or administration alone to sue, etc., until same revoked

Application of Part

XXVII

Chapter I

OF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION

19

To whom administration may be granted, where deceased is a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person

Where deceased is not a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person

Effect of letters of administration

Acts not validated by administration

Probate only to appointed executor

Persons to whom probate cannot be granted

Grant of probate to several executors simultaneously or at different times

Separate probate of codicil discovered after grant of probate

Accrual of representation to surviving executor

Effect of probate

Administration, with copy annexed, of authenticated copy of will proved abroad

Grant of administration where executor has not renounced

Form and effect of renunciation of executorship

Procedure where executor renounces or fails to accept within time limited

Grant of administration to universal or residuary legatees

Right to administration of representative of deceased residuary legatee

Grant of administration where no executor, nor residuary lagatee nor representative of such legatee

Citation before grant of administration to legate other than universal or residuary

To whom administration may not be granted

XXVIII

Chapter II

OF LIMITED GRANTS

24

Probate of copy or draft of lost will

Probate of contents of lost or destroyed will

Probate of copy where original exists

Administration until will produced

Administration, with will annexed, to attorney of absent executor

Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer

Administration to attorney of absent person entitled to administer in case of intestacy

Administration during minority of sole executor or residuary legatee

Administration during minority of several executors or residuary legatees

Administration for use and benefit of lunatic or minor

Administration pendente lite

Probate limited to purpose specified in will

Administration, with will annexed, limited to particular purpose

Administration limited to property in which person has beneficial interest

Administration limited to suit

Administration limited to purpose of becoming party to suit to be brought against administrator

Administration limited to collection and preservation of deceased's property

Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration

Probate or administration, with will annexed, subject to exception

Administration with exception

Probate or administration of rest

Grant of effects unadministered

Rules as to grants of effects unadministered

Administration when limited grant expired and still some part of estate unadministered

XXIX

Chapter III

ALTERATION AND REVOCATION OF GRANTS

3

What errors may be rectified by Court

Procedure where codicil discovered after grant of administration with will annexed

Revocation or annulment for just cause

XXX

Chapter IV

OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION

40

Jurisdiction of District Judge in granting and revoking probates, etc.

Power to appoint Delegate of District Judge to deal with non-contentious cases

District Judge's powers as to grant of probate and administration

District Judge may order person to produce testamentary papers

Proceedings of District Judge's Court in relation to probate and administration

When and how District Judge to interfere for protection of property

When probate or administration may be granted by District Judge

Disposal of application made to Judge of district in which deceased had no fixed abode

Probate and letters of administration may be granted by Delegate

Conclusiveness of probate or letters of administration

Transmission to High Court Division of certificate of grants under proviso to section 273

Conclusiveness of application for probate or administra-tion if properly made and verified

Petition for probate

In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator

Petition for letters of administration

Addition to statement in petition, etc., for probate or letters of administration in certain cases

Petition for probate, etc., to be signed and verified

Verification of petition for probate by one witness to will

Punishment for false averment in petition or declaration

Powers of District Judge

Caveats against grant of probate or administration

After entry of caveat, no proceeding taken on petition until after notice to caveator

District Delegate when not to grant probate or administration

Power to transmit statement to District Judge in doubtful cases where no contention

Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court

Grant of probate to be under seal of Court

Grant of letters of administration to be under seal of Court

Administration-bond

Assignment of administration-bond

Time for grant of probate and administration

Filing of original wills of which probate or administration with will annexed granted

Procedure in contentious cases

Surrender of revoked probate or letters of administration

Payment to executor or administrator before probate or administration revoked

Power to refuse letters of administration

Appeals from orders of district Judge

Concurrent jurisdiction of High Court Division

Removal of executor or administrator and provision for successor

Directions to executor or administrator

XXXI

Chapter V

OF EXECUTORS OF THEIR OWN WRONG

2

Executor of his own wrong

Liability of executor of his own wrong

XXXII

Chapter VI

OF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR

11

In respect of causes of action surviving deceased and debts due at death

Demands and rights of action of or against deceased survive to and against executor or administrator

Power of executor or administrator to dispose of property

General powers of administration

Commission or agency charges

Purchase by executor or administrator of deceased's property

Powers of several executors or administrators exercisable by one

Survival of powers on death of one of several executors or administrators

Powers of administrator of effects unadministered

Powers of administrator during minority

Powers of married executrix or administratrix

XXXIII

Chapter VII

OF THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR

16

As to deceased's funeral

Inventory and account

Inventory to include property in any part of Bangladesh in certain cases

As to property of, and debts owing to, deceased

Expenses to be paid before all debts

Expenses to be paid next after such expenses

Wages for certain services to be next paid, and then other debts

Save as aforesaid, all debts to be paid equally and rateably

Application of moveable property to payment of debts where domicile not in Bangladesh

Debts to be paid before lgacies

Executor or administrator not bound to pay legacies without indemnity

Abatement of general legacies

Non-abatement of specific legacy when assets sufficient to pay debts

Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses

Rateable abatement of specific legacies

Legacies treated as general for purpose of abatement

XXXIV

Chapter VIII

OF ASSENT TO LEGACY BY EXECUTOR OR ADMINISTRATOR

6

Assent necessary to complete legatee's title

Effect of executor's assent to specific legacy

Conditional assent

Assent of executor to his own legacy

Effect of executor's assent

Executor when to deliver legacies

XXXV

Chapter IX

OF THE PAYMENT AND APPORTIONMENT OF ANNUITIES

3

Commencement of annuity when no time fixed by will

When annuity, to be paid quarterly or monthly first falls due

Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment

XXXVI

Chapter X

OF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES

8

Investment of sum bequeathed, where legacy, not specific, given for life

Investment of general legacy, to be paid at future time: disposal of intermediate interest

Procedure when no fund charged with, or appropriated to, annuity

Transfer to residuary legatee of contingent bequest

Investment of residue bequeathed for life, without direction to invest in particular securities

Investment of residue bequeathed for life, with direction to invest in specified securities

Time and manner of conversion and investment

Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf

XXXVII

Chapter XI

OF THE PRODUCE AND INTEREST OF LEGACIES

7

Legatee's title to produce of specific legacy

Residuary legatee's title to produce of residuary fund

Interest when no time fixed for payment of general legacy

Interest when time fixed

Rate of interest

No interest on arrears of annuity within first year after testator's death

Interest on sum to be invested to produce annuity

XXXVIII

Chapter XII

OF THE REFUNDING OF LEGACIES

12

Refund of legacy paid under Court's orders

No refund if paid under voluntarily

Refund when legacy has become due on performance of condition within further time allowed under section 137

When each legatee compellable to refund in proportion

Distribution of assets

Creditor may call upon legatee to refund

When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund

When unsatisfied legatee must first proceed against executor, if solvent

Limit to refunding of one legatee to another

Refunding to be without interest

Residue after usual payments to be paid to residuary legatee

Transfer of assets from Bangladesh, to executor or administrator in country of domicile for distribution

XXXIX

Chapter XIII

OF THE LIABILITY OF AN EXECUTOR OR ADMINISTRATOR FOR DEVASTATION

25

Liability of executor or administrator for devastation

Liability of executor or administrator for neglect to get any part of property

Restriction on grant of certificates under this Part

Court having jurisdiction to grant certificate

Application for certificate

Procedure on application

Contents of certificate

Requisition of security from grantee of certificate

Extension of certificate

Forms of certificate and extended certificate

Amendment of certificate in respect of powers as to securities

Mode of collecting Court-fees on certificates

Local extent of certificate

Effect of certificate

Effect of certificate granted or extended by Bangladesh representative in Foreign State

Revocation of certificate

Effect on certificate of previous certificate, probate or letters of administration

Validation of certain payments made in good faith to holder of invalid certificate

Effect of decisions under this Act, and liability of holder of certificate thereunder

Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act

Surrender of superseded and invalid certificates