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

The Succession Act,

39Chapters
395Sections
II
Chapter II

RULES IN CASES OF INTESTATES OTHER THAN PARSIS

20
31
Chapter not to apply to Parsis
32
Devolution of such property
33
Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
34
Special provision where intestate has left widow and no lineal descendants
34
Where intestate has left no widow, and where he has left no kindred
35
Rights of widower Distribution where there are lineal descendants
36
Rules of distribution
37
Where intestate has left child or children only
38
Where intestate has left no child, but grandchild or grand-children
39
Where intestate has left only great grandchildren or remoter lineal descendants
40
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
41
Rules of distribution where intestate has left no lineal descendants
42
Where intestate's father living
43
Where intestate's father dead but his mother, brothers and sisters living
44
Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
45
Where intestate's father dead and his mother and children of any deceased brother or sister living
46
Where intestate's father dead, but his mother living and no sister, brother, nephew or niece
47
Where intestate has left neither lineal descendant, nor father, nor mother
48
Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
49
Children's advancements not brought into hotchpot
VI
Chapter III

OF THE EXECUTION OF UNPRIVILEGED WILLS

2
IX
Chapter VI

OF THE CONSTRUCTION OF WILLS

38
74
Wording of will
75
Inquiries to determine questions as to object or subject of will
76
Misnomer or misdescription of object
77
When words may be supplied
78
Rejection of erroneous particulars in description of subject
79
When part of description may not be rejected as erroneous
80
Extrinsic evidence admissible in cases of patent ambiguity
81
Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
82
Meaning of clause to be collected from entire will
83
When words may be understood in restricted sense, and when in sense wider than usual
84
Which of two possible constructions preferred
85
No part rejected, if it can be reasonably construed
86
Interpretation of words repeated in different parts of will
87
Testator's intention to be effectuated as far as possible
88
The last of two inconsistent clauses prevails
89
Will or bequest void for uncertainty
90
Words describing subject refer to property answering description at testator's death
91
Power of appointment executed by general bequest
92
Implied gift to objects of power in default of appointment
93
Bequest to "heirs", etc., of particular person without qualifying terms
94
Bequest to "representatives," etc., of particular person
95
Bequest without words of limitation
96
Bequest in alternative
97
Effect of words describing a class added to bequest to person
98
Bequest to class of persons under general description only
99
Construction of terms
100
Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
101
Rules of construction where will purports to make two bequests to same person
102
Constitution of residuary legatee
103
Property to which residuary legatee entitled
104
Time of vesting legacy in general terms
105
In what case legacy lapses
106
Legacy does not lapse if one of two joint legatees die before testator
107
Effect of words showing testator's intention to give distinct shares
108
When lapsed share goes as undisposed of
109
When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
110
Bequest to A for benefit of B does not lapse by A's death
111
Survivorship in case of bequest to described class
XXI
Chapter XVIII

OF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS

1
XXII
Chapter XIX

OF BEQUESTS OF THE INTEREST OR PRODUCE OF A FUND

1
XXVI
Chapter XXIII

OF GIFTS IN CONTEMPLATION OF DEATH

28
191
Property transferable by gift made in contemplation of death
192
Person claiming right by succession to property of deceased may apply for relief against wrongful possession
193
Inquiry made by Judge
194
Procedure
195
Appointment of curator pending determination of proceeding
196
Powers conferrable on curator
197
Prohibition of exercise of certain powers by curators
199
, to curator
198
Curator to give security and may receive remuneration
199
Report from Collector where estate includes revenue-paying land
200
Institution and defence of suits
201
Allowances to apparent owners pending custody by curator
202
Accounts to be filed by curator
203
Inspection of accounts and right of interested party to keep duplicate
204
Bar to appointment of second curator for same property
205
Limitation of time for application for curator
206
Bar to enforcement of Part against public settlement or legal directions by deceased
207
Court of Wards to be made curator in case of minors having property subject to its jurisdiction
208
Saving of right to bring suit
209
Effect of decision of summary proceeding
210
Appointment of public curators
211
Character and property of executor or administrator as such
212
Right to intestate's property
213
Right as executor or legatee when established
214
Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons
215
Effect on certificate of subsequent probate or letters of administration
216
Grantee of probate or administration alone to sue, etc., until same revoked
217
Application of Part
XXVIII
Chapter II

OF LIMITED GRANTS

24
237
Probate of copy or draft of lost will
238
Probate of contents of lost or destroyed will
239
Probate of copy where original exists
240
Administration until will produced
241
Administration, with will annexed, to attorney of absent executor
242
Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer
243
Administration to attorney of absent person entitled to administer in case of intestacy
244
Administration during minority of sole executor or residuary legatee
245
Administration during minority of several executors or residuary legatees
246
Administration for use and benefit of lunatic or minor
247
Administration pendente lite
248
Probate limited to purpose specified in will
249
Administration, with will annexed, limited to particular purpose
250
Administration limited to property in which person has beneficial interest
251
Administration limited to suit
252
Administration limited to purpose of becoming party to suit to be brought against administrator
253
Administration limited to collection and preservation of deceased's property
254
Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
255
Probate or administration, with will annexed, subject to exception
256
Administration with exception
257
Probate or administration of rest
258
Grant of effects unadministered
259
Rules as to grants of effects unadministered
260
Administration when limited grant expired and still some part of estate unadministered
XXX
Chapter IV

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

40
264
Jurisdiction of District Judge in granting and revoking probates, etc.
265
Power to appoint Delegate of District Judge to deal with non-contentious cases
266
District Judge's powers as to grant of probate and administration
267
District Judge may order person to produce testamentary papers
268
Proceedings of District Judge's Court in relation to probate and administration
269
When and how District Judge to interfere for protection of property
270
When probate or administration may be granted by District Judge
271
Disposal of application made to Judge of district in which deceased had no fixed abode
272
Probate and letters of administration may be granted by Delegate
273
Conclusiveness of probate or letters of administration
274
Transmission to High Court Division of certificate of grants under proviso to section 273
275
Conclusiveness of application for probate or administra-tion if properly made and verified
276
Petition for probate
277
In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
278
Petition for letters of administration
279
Addition to statement in petition, etc., for probate or letters of administration in certain cases
280
Petition for probate, etc., to be signed and verified
281
Verification of petition for probate by one witness to will
282
Punishment for false averment in petition or declaration
283
Powers of District Judge
284
Caveats against grant of probate or administration
287
Form of caveat
285
After entry of caveat, no proceeding taken on petition until after notice to caveator
286
District Delegate when not to grant probate or administration
287
Power to transmit statement to District Judge in doubtful cases where no contention
288
Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court
289
Grant of probate to be under seal of Court
290
Grant of letters of administration to be under seal of Court
291
Administration-bond
292
Assignment of administration-bond
293
Time for grant of probate and administration
294
Filing of original wills of which probate or administration with will annexed granted
295
Procedure in contentious cases
296
Surrender of revoked probate or letters of administration
297
Payment to executor or administrator before probate or administration revoked
298
Power to refuse letters of administration
299
Appeals from orders of district Judge
300
Concurrent jurisdiction of High Court Division
301
Removal of executor or administrator and provision for successor
302
Directions to executor or administrator