Property & Succession
1882-04
- §1 — Short title.
- §10 — Condition restraining alienation.
- §100 — Charges.
- §101 — No merger in case of subsequent encumbrance.
- §102 — Service or tender on or to agent.
- §103 — Notice, etc., to or by person incompetent to contract.
- §104 — Power to make rules.
- §105 — Lease defined.
- §106 — Duration of certain leases in absence of written contract or local usage.
- §107 — Leases how made.
- §108 — Rights and liabilities of lessor and lessee.
- §109 — Rights of lessor’s transferee.
- §11 — Restriction repugnant to interest created.
- §110 — Exclusion of day on which term commences.
- §111 — Determination of lease.
- §112 — Waiver of forfeiture.
- §113 — Waiver of notice to quit.
- §114 — Relief against forfeiture for non-payment of rent.
- §114A — Relief against forfeiture in certain other cases.
- §115 — Effect of surrender and forfeiture on under-leases.
- §116 — Effect of holding over.
- §117 — Exemption of leases for agricultural purposes.
- §118 — “Exchange” defined.
- §119 — Right of party deprived of thing received in exchange.
- §12 — Condition making interest determinable on insolvency or attempted alienation.
- §120 — Rights and liabilities of parties.
- §121 — Exchange of money.
- §122 — “Gift” defined.
- §123 — Transfer how effected.
- §124 — Gift of existing and future property.
- §125 — Gift to several, of whom one does not accept.
- §126 — When gift may be suspended or revoked.
- §127 — Onerous gifts.
- §128 — Universal donee.
- §129 — Saving of donations mortis causa and Muhammadan law.
- §13 — Transfer for benefit of unborn person.
- §130 — Transfer of actionable claim.
- §130A — Transfer of policy of marine insurance.] Rep. by the Marine Insurance Act, 1963 (11 of
1963), s. 92 (w.e.f. 1-8-1963).
- §131 — Notice to be in writing, signed.
- §132 — Liability of transferee of actionable claim.
- §133 — Warranty of solvency of debtor.
- §134 — Mortgaged debt.
- §135 — Assignment of rights under policy of insurance against fire.
- §135A — [Assignment of rights under policy of marine insurance.] Rep. by the Marine Insurance Act,
1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963).
- §136 — Incapacity of officers connected with Courts of Justice.
- §137 — Saving of negotiable instruments, etc.
- §14 — Rule against perpetuity.
- §15 — Transfer to class some of whom come under sections 13 and 14.
- §16 — Transfer to take effect on failure of prior interest.
- §17 — Direction for accumulation.
- §18 — Transfer in perpetuity for benefit of public.
- §19 — Vested interest.
- §2 — Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc.
- §20 — When unborn person acquires vested interest on transfer for his benefit.
- §21 — Contingent interest.
- §22 — Transfer to members of a class who attain a particular age.
- §23 — Transfer contingent on happening of specified uncertain event.
- §24 — Transfer to such of certain persons as survive at some period not specified.
- §25 — Conditional transfer.
- §26 — Fulfilment of condition precedent.
- §27 — Conditional transfer to one person coupled with transfer to another on failure of prior
disposition.
- §28 — Ulterior transfer conditional on happening or not happening of specified event.
- §29 — Fulfilment of condition subsequent.
- §3 — Interpretation-clause.
- §30 — Prior disposition not affected by invalidity of ulterior disposition.
- §31 — Condition that transfer shall cease to have effect in case specified uncertain event happens
or does not happen.
- §32 — Such condition must not be invalid.
- §33 — Transfer conditional on performance of act, no time being specified for
performance.
- §34 — Transfer conditional on performance of act, time being specified.
- §35 — Election when necessary.
- §36 — Apportionment of periodical payments determination of interest of person entitled.
- §37 — Apportionment of benefit of obligation on severance.
- §38 — Transfer by person authorised only under certain circumstances to transfer.
- §39 — Transfer where third person is entitled to maintenance.
- §4 — Enactments relating to contracts to be taken as part of Contract Act and supplemental to the
Registration Act.
- §40 — Burden of obligation imposing restriction on use of land.
- §41 — Transfer by ostensible owner.
- §42 — Transfer by person having authority to revoke former transfer.
- §43 — Transfer by unauthorised person who subsequently acquires interest in property
transferred.
- §44 — Transfer by one co-owner.
- §45 — Joint transfer for consideration.
- §46 — Transfer for consideration by persons having distinct interests.
- §47 — Transfer by co-owners of share in common property.
- §48 — Priority of rights created by transfer.
- §49 — Transferee’s right under policy.
- §5 — “Transfer of property” defined.
- §50 — Rent bona fide paid to holder under defective title.
- §51 — Improvements made by bona fide holders under defective titles.
- §52 — Transfer of property pending suit relating thereto.
- §53 — Fraudulent transfer.
- §53A — Part performance.
- §54 — “Sale” defined.
- §55 — Rights and liabilities of buyer and seller.
- §56 — Marshalling by subsequent purchaser.
- §57 — Provision by Court for incumbrances and sale freed therefrom.
- §58 — “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed”
defined.
- §59 — Mortgage when to be by assurance.
- §59A — References to mortgagors and mortgagees to include persons deriving title from
them.
- §6 — What may be transferred.
- §60 — Right of mortgagor to redeem.
- §60B — Right to inspection and production of documents.
- §61 — Right to redeem separately or simultaneously.
- §62 — Right of usufructuary mortgagor to recover possession.
- §63 — Accession to mortgaged property.
- §63A — Improvements to mortgaged property.
- §64 — Renewal of mortgaged lease.
- §65 — Implied contracts by mortgagor.
- §65A — Mortgagor’s power to lease.
- §66 — Waste by mortgagor in possession.
- §67 — Right to foreclosure or sale.
- §67A — Mortgagee when bound to bring one suit on several mortgages.
- §68 — Right to sue for mortgage-money.
- §69 — Power of sale when valid.
- §69A — Appointment of receiver.
- §7 — Persons competent to transfer.
- §70 — Accession to mortgaged property.
- §71 — Renewal of mortgaged lease.
- §72 — Rights of mortgagee in possession.
- §73 — Right to proceeds of revenue sale or compensation on acquisition.
- §74 — [Right of subsequent mortgagee to pay off prior mortgagee.] Rep. by the Transfer of
Property (Amendment) Act, 1929 (20 of 1929), s. 39.
- §75 — [Rights of mesne mortgagee against and subsequent mortgagees.] Rep. by s. 39,
ibid.
- §76 — Liabilities of mortgagee in possession.
- §77 — Receipts in lieu of interest.
- §78 — Postponement of prior mortgagee.
- §79 — Mortgage to secure uncertain amount when maximum is expressed.
- §8 — Operation of transfer.
- §80 — [Tacking abolished.] Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of
1929), s. 41.
1. Ins. by Act 20 of 1929, s. 40.
2. The words “on the mortgage-money” omitted by s. 40, ibid.
3. The word “gross” omitted by s. 40, ibid.
Marshalling and Contribution
1[
- §81 — Marshalling securities.
- §82 — Contribution to mortgage-debt.
- §83 — Power to deposit in Court money due on mortgage.
- §84 — Cessation of interest.
- §85 — [Parties to suits for foreclosure, sale and redemption.] Rep. by the Code of Civil Procedure, 1908
(5 of 1908), s. 156 and V Schedule.
Foreclosure and Sale4
- §86 — [Decree of foreclosure suit.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908),
s. 156 and V Schedule.
- §87 — [Procedure in case of payment of amount due.] Rep. by s. 156 and the fifth Schedule,
ibid.
- §88 — [Decree of sale.] Rep. by s. 156 and V Schedule, ibid.
- §89 — [Procedure when defendant pay amount due.] Rep. by s. 156 and V Schedule, ibid.
- §9 — Oral transfer.
- §90 — [Recovery of balance due on mortgage.] Rep. by s. 156 and V Schedule, ibid.
Redemption
5[
- §91 — Persons who may sue for redemption.
- §92 — Subrogation.
- §93 — Prohibition of tacking.
- §94 — Rights of mesne mortgagee.
- §95 — Right of redeeming co-mortgagor to expenses.
- §96 — Mortgage by deposit of title-deeds.
- §97 — [Application of proceeds.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and V
Schedule.
Anomalous Mortgages
- §98 — Rights and liabilities of parties to anomalous mortgages.
- §99 — [Attachment of mortgaged property.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s.
156 and V Schedule.
Charges
1908-16
- §1 — Short title, extent and commencement.
- §10 — Absence of Registrar or vacancy in his office.
- §11 — Absence of Registrar on duty in his district.
- §12 — Absence of Sub-Registrar or vacancy in his office.
- §13 — Report to State Government of appointments under sections 10, 11 and 12.
- §14 — Establishments of registering officers.
- §15 — Seal of registering officers.
- §16 — Register-books and fire-proof boxes.
- §16A — Keeping of books in computer floppies, diskettes, etc.
- §17 — Documents of which registration is compulsory.
- §18 — Documents of which registration is optional.
- §19 — Documents in language not understood by registering officer.
- §2 — Definitions.
- §20 — Documents containing interlineations, blanks, erasures or alterations.
- §21 — Description of property and maps or plans.
- §22 — Description of houses and land by reference to Government maps or surveys.
- §23 — Time for presenting documents.
- §23A — Re-registration of certain documents.
- §24 — Documents executed by several persons at different times.
- §25 — Provision where delay in presentation is unavoidable.
- §26 — Documents executed out of India.
- §27 — Wills may be presented or deposited at any time.
- §28 — Place for registering documents relating to land.
- §29 — Place for registering other documents.
- §3 — Inspector-General of Registration.
- §30 — Registration by Registrars in certain cases.
- §31 — Registration or acceptance for deposit at private residence.
- §32 — Persons to present documents for registration.
- §32A — Compulsory affixing of photograph, etc.
- §33 — Power-of-attorney recognisable for purposes of section 32.
- §34 — Enquiry before registration by registering officer.
- §35 — Procedure on admission and denial of execution respectively.
- §36 — Procedure where appearance of executant or witness is desired.
- §37 — Officer or Court to issue and cause service of summons.
- §38 — Persons exempt from appearance at registration-office.
- §39 — Law as to summonses, commissions and witnesses.
- §4 — [Branch Inspector-General of Sindh.]
- §40 — Persons entitled to present wills and authorities to adopt.
- §41 — Registration of wills and authorities to adopt.
- §42 — Deposit of wills.
- §43 — Procedure on deposit of wills.
- §44 — Withdrawal of sealed cover deposited under section 42.
- §45 — Proceedings on death of depositor.
- §46 — Saving of certain enactments and powers of Courts.
- §47 — Time from which registered document operates.
- §48 — Registered documents relating to property when to take effect against oral agreements.
- §49 — Effect of non-registration of documents required to be registered.
- §5 — Districts and sub-districts.
- §50 — Certain registered documents relating to land to take effect against unregistered
documents.
- §51 — Register-books to be kept in the several offices.
- §52 — Duties of registering officers when document presented.
- §53 — Entries to be numbered consecutively.
- §54 — Current indexes and entries therein.
- §55 — Indexes to be made by registering officers, and their contents.
- §56 — [Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.]
Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), s. 2.
- §57 — Registering officers to allow inspection of certain books and indexes, and to give certified
copies of entries.
- §58 — Particulars to be endorsed on documents admitted to registration.
- §59 — Endorsements to be dated and signed by registering officer.
- §6 — Registrars and Sub-Registrars.
- §60 — Certificate of registration.
- §61 — Endorsements and certificate to be copied and document returned.
- §62 — Procedure on presenting document in language unknown to registering officer.
- §63 — Power to administer oaths and record of substance of statements.
- §64 — Procedure where document relates to land in several sub-districts.
- §65 — Procedure where document relates to land in several districts.
- §66 — Procedure after registration of documents relating to land.
- §67 — [Procedure after registration under section 30, sub-section (2).] Omitted by the Registration and
Other Related Laws (Amendment) Act, 2001 (48 of 2001), s. 8 (w.e.f. 24-9-2001).
- §68 — Power of Registrar to superintend and control Sub-Registrars.
- §69 — Power of Inspector-General to superintend registration offices and make rules.
- §7 — Offices of Registrar and Sub-Registrar.
- §70 — Power of Inspector-General to remit fines.
- §71 — Reasons for refusal to register to be recorded.
- §72 — Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other
than denial of execution.
- §73 — Application to Registrar where Sub-Registrar refuses to register on ground of denial of
execution.
- §74 — Procedure of Registrar on such application.
- §75 — Order by Registrar to register and procedure thereon.
- §76 — Order of refusal by Registrar.
- §77 — Suit in case of order of refusal by Registrar.
- §78 — Fees to be fixed by State Government.
- §79 — Publication of fees.
- §8 — Inspectors of Registration offices.
- §80 — Fees payable on presentation.
- §81 — Penalty for incorrectly endorsing, copying, translating or registering documents with intent
to injure.
- §82 — Penalty for making false statements, delivering false copies or translations, false
personation, and abetment.
- §83 — Registering officers may commence prosecutions.
- §84 — Registering officers to be deemed public servants.
- §85 — Destruction of unclaimed documents.
- §86 — Registering officer not liable for thing bona fide done or refused in his official capacity.
- §87 — Nothing so done invalidated by defect in appointment or procedure.
- §88 — Registration of documents executed by Government officers or certain public
functionaries.
- §89 — Copies of certain orders, certificates and instruments to be sent to registering officers and
filed.
- §9 — [Military cantonments may be declared sub-districts or districts.] Rep.by the Repealing and
Amending Act, 1927 (10 of 1927), s. 3 and Second Schedule.]
- §90 — Exemption of certain documents executed by or in u of Government.
- §91 — Inspection and copies of such documents.
- §92 — [Burmese registration-rules confirmed] Rep. by the Government of India (Adaptation of Indian
Laws) Order, 1937.
- §93 — [Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.
THE SCHEDULE. [Repeal of Enactments].Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the
Schedule.
________
1925-39
- §1 — Short title.
- §10 — Acquisition of new domicile.
- §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.
- §11 — Special mode of acquiring domicile in India.
- §110 — Bequest to A for benefit of B does not lapse by A’s death.
- §111 — Survivorship in case of bequest to described class.
- §112 — Bequest to person by particular description, who is not in existence at testator’s death.
- §113 — Bequest to person not in existence at testator's death subject to prior bequest.
- §114 — Rule against perpetuity.
- §115 — Bequest to a class some of whom may come under rules in sections 113 and 114.
- §116 — Bequest to take effect on failure of prior bequest.
- §117 — Effect of direction for accumulation.
- §118 — Bequest to religious or charitable uses.
- §119 — Date of vesting of legacy when payment or possession postponed.
- §12 — Domicile not acquired by residence as representative of foreign Government, or as part of his
family.
- §120 — Date of vesting when legacy contingent upon specified uncertain event.
- §121 — Vesting of interest in bequest to such members of a class as shall have attained particular
age.
- §122 — Onerous bequests.
- §123 — One of two separate and independent bequests to same person may be accepted, and other
refused.
- §124 — Bequest contingent upon specified uncertain event, no time being mentioned for its
occurrence.
- §125 — Bequest to such of certain persons as shall be surviving at some period not specified.
- §126 — Bequest upon impossible condition.
- §127 — Bequest upon illegal or immoral condition.
- §128 — Fulfilment of condition precedent to vesting of legacy.
- §129 — Bequest to A and on failure of prior bequest to B.
- §13 — Continuance of new domicile.
- §130 — When second bequest not to take effect on failure of first.
- §131 — Bequest over, conditional upon happening or not happening of specified uncertain event.
- §132 — Condition must be strictly fulfilled.
- §133 — Original bequest not affected by invalidity of second.
- §134 — Bequest conditioned that it shall cease to have effect in case a specified uncertain event
shall happen, or not happen.
- §135 — Such condition must not be invalid under section 120.
- §136 — Result of legatee rendering impossible or indefinitely postponing act for which no time
specified, and on non-performance of which subject-matter to go over.
- §137 — Performance of condition, precedent or subsequent, within specified time. Further time In
case of fraud.
- §138 — Direction that fund be employed in particular manner following absolute bequest of same
to or for benefit of any person.
- §139 — Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified
benefit for legatee.
- §14 — Minor’s domicile.
- §140 — Bequest of fund for certain purposes, some of which cannot be fulfilled.
- §141 — Legatee named as executor cannot take unless be shows intention to act as executor.
- §142 — Specific legacy defined.
- §143 — Bequest of certain sum where stocks, etc., in which invested are described.
- §144 — Bequest of stock where testator had, at date of will, equal or greater amount of stock of
same kind.
- §145 — Bequest of money where not payable until part of testator's property disposed of in certain
way.
- §146 — When enumerated articles not deemed specifically bequeathed.
- §147 — Retention, in form, of specific bequest to several persons in succession.
- §148 — Sale and investment of proceeds of property bequeathed to two or more persons in
succession.
- §149 — Where deficiency of assets to pay legacies, specific legacy not to abate with general
legacies.
- §15 — Domicile acquired by woman on marriage.
- §150 — Demonstrative legacy defined.
- §151 — Order of payment when legacy directed to be paid out of fund the subject of specific
legacy.
- §152 — Ademption explained.
- §153 — Non-ademption of demonstrative legacy.
- §154 — Ademption of specific bequest of right to receive something from third party.
- §155 — Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed.
- §156 — Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has
been specially bequeathed.
- §157 — Order of payment where portion of fund specifically bequeathed to one legatee, and legacy
charged on same fund to another, and, testator having received portion of that fund, remainder
insufficient to pay both legacies.
- §158 — Ademption where stock, specifically bequeathed, does not exist at testator’s death.
- §159 — Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator's
death.
- §16 — Wife’s domicile during marriage.
- §160 — Non-ademption of specific bequest of goods described as connected with certain place, by
reason of removal.
- §161 — When removal of thing bequeathed does not constitute ademption.
- §162 — When thing bequeathed is a valuable to be received by testator from third person; and
testator himself, or his representative, receives it.
- §163 — Change by operation of law of subject of specific bequest between date of will and
testator’s death.
- §164 — Change of subject without testator’s knowledge.
- §165 — Stock specifically bequeathed lent to third party on condition that it be replaced.
- §166 — Stock specifically bequeathed sold but replaced, and belonging to testator at his death.
- §167 — Non-liability of executor to exonerate specific legatees.
- §168 — Completion of testator’s title to things bequeathed to be at cost of his estate.
- §169 — Exoneration of legatee’s immoveable property for which land-revenue or rent payable
periodically.
- §17 — Minor’s acquisition of new domicile.
- §170 — Exoneration of specific legatee’s stock in joint-stock company.
- §171 — Bequest of thing described in general terms.
- §172 — Bequest of interest or produce of fund.
- §173 — Annuity created by will payable for life only unless contrary intention appears by will.
- §174 — Period of vesting where will directs that annuity be provided out of proceeds of property,
or out of property generally, or where money bequeathed to be invested in purchase of annuity.
- §175 — Abatement of annuity.
- §176 — Where gift of annuity and residuary gift, whole annuity to be first satisfied.
- §177 — Creditor prima facie entitled to legacy as well as debt.
- §178 — Child prima facie entitled to legacy as well as portion.
- §179 — No ademption by-subsequent provision for legatee.
- §18 — Lunatic’s acquisition of new domicile.
- §180 — Circumstances in which election takes place.
- §181 — Devolution of interest relinquished by owner.
- §182 — Testator’s belief as to his ownership immaterial.
- §183 — Bequest for man’s benefit how regarded for purpose of election.
- §184 — Person deriving benefit indirectly not put to election.
- §185 — Person taking in individual capacity under will may In other character elect to take in
opposition.
- §186 — Exception to provisions of last six sections.
- §187 — When acceptance of benefit given by will constitutes election to take under will.
- §188 — Circumstances in which knowledge or waiver is presumed or inferred.
- §189 — When testator’s representatives may call upon legatee to elect.
- §19 — Succession to moveable property in India in absence of proof of domicile elsewhere.
- §190 — Postponement of election in case of disability.
- §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.
- §198 — Curator to give security and may receive remuneration.
- §199 — Report from Collector where estate includes revenue paying land.
- §2 — Definitions.
- §20 — Interests and powers not acquired nor lost by marriage.
- §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.
- §21 — Effect of marriage between person domiciled and one not domiciled in India.
- §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.] Omitted by the Repealing and Amending Act,
2025 (37 of 2025), s. 3 and Sch. II (w.e.f. 20-12-2025).
1[(2) This section shall not apply in the case of wills made by Muhammadans 2[or Indian Christians],
and shall only apply
- §214 — Proof of representative title a condition precedent to recovery through the Courts of debts
from debtors of deceased persons.
- §215 — Effection certificate of subsequent probate or letters of administration.
- §216 — Grantee of probate or administration alone to sue, etc., until same revoked.
- §217 — Application of Part.
- §218 — To whom administration may be granted, where deceased is a Hindu, Muhammadan,
Budhist, Sikh, Jaina or exempted person.
- §219 — Where deceased is not a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted
person.
- §22 — Settlement of minor’s property in contemplation of marriage.
- §220 — Effect of letters of administration.
- §221 — Acts not validated by administration.
- §222 — Probate only to appointed executor.
- §223 — Persons to whom probate cannot be granted.
- §224 — Grant of probate to several executors simultaneously or at different times.
- §225 — Separate probate of codicil discovered after grant of probate.
- §226 — Accrual of representation to surviving executor.
- §227 — Effect of probate.
- §228 — Administration, with copy annexed, of authenticated copy of will proved abroad.
- §229 — Grant of administration where executor has not renounced.
- §23 — Application of Part.
- §230 — Form and effect of renunciation of executorship.
- §231 — Procedure where executor renounces or fails to accept within time limited.
- §232 — Grant of administration to universal or residuary legatees.
- §233 — Right to administration of representative of deceased residuary legatee.
- §234 — Grant of administration where no executor, nor residuary legatee nor representative of
such legatee.
- §235 — Citation before grant of administration to legatee other than universal or residuary.
- §236 — To whom administration may not be granted.
- §236A — Laying of rules before State Legislature.
- §237 — Probate of copy or draft of lost will.
- §238 — Probate of contents or lost of destroyed will.
- §239 — Probate of copy where original exists.
- §24 — Kindred or consanguinity.
- §240 — Administration until will produced.
- §241 — Administration, with will annexed, to attorney of absent executor.
- §242 — Administration, with will annexed to attorney of a absent person who, if present, would be
entitled to administer.
- §243 — Administration to attorney of absent person entitled to administer in case of intestacy.
- §244 — Administration during minority of sole executor or residuary legatee.
- §245 — Administration during minority of several executors or residuary legatee.
- §246 — Administration for use and benefit of lunatic or minor.
- §247 — Administration pendente lite.
- §248 — Probate limited to purpose specified in will.
- §249 — Administration, with will annexed, limited to particular purpose.
- §25 — Lineal consanguinity.
- §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.
- §26 — Collateral consanguinity.
- §260 — Administration when limited grant expired and still some part of estate unadministered.
- §261 — What errors may be rectified by Court.
- §262 — Procedure where codicil discovered after grant of administration with will annexed.
- §263 — Revocation or annulment for just cause.
- §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.
- §27 — Persons held for purpose of succession to be similarly related to deceased.
- §270 — When probate or administration may be granted by District Judge.
- §271 — Disposal of application made to Judge of district in which deceased had no fixed abode.
- §272 — Probate and letters of administration may be granted by Delegate.
- §273 — Conclusiveness of probate or letters of administration.
- §274 — Transmission to High Courts of certificate of grants under proviso to section 273.
- §275 — Conclusiveness of application for probate or administration if properly made and
verified.
- §276 — Petition for probate.
- §277 — In what cases translation of will to be annexed to petition. Verification of translation by
person other than Court translator.
- §278 — Petition for letters of administration.
- §279 — Addition to statement in petition, etc., for probate or letters of administration in certain
cases.
- §28 — Mode of computing of degrees of kindred.
- §280 — Petition for probate, etc., to be signed and verified.
- §281 — Verification of petition for probate, by one witness to will.
- §282 — Punishment for false averment in petition or declaration.
- §283 — Powers of District Judge.
- §284 — Caveats against grant of probate or administration.
- §285 — After entry of caveat, no proceeding taken on petition until after notice to caveator.
- §286 — District Delegate when not to grant probate or administration.
- §287 — Power to transmit statement to District Judge in doubtful cases where no contention.
- §288 — Procedure where there is contention of District Delegate thinks probate or letters of
administration should be refused in his Court.
- §289 — Grant of probate to be under seal of Court.
- §29 — Application of Part.
- §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.
- §3 — Power of State Government to exempt any race, sect or tribe in the State from operation of
Act.
- §30 — As to what property deceased considered to have died intestate.
- §300 — Concurrent jurisdiction of High Court.
- §301 — Removal of executor or administrator and provision for successor.
- §302 — Directions to executor or administrator.
- §303 — Executor of his own wrong.
- §304 — Liability of executor of his own wrong.
- §305 — In respect of causes of action surviving deceased and debts due at death.
- §306 — Demands and rights of action of or against deceased survive to and against executor or
administrator.
- §307 — Power of executor or administrator to dispose of property.
- §308 — General powers of administration.
- §309 — Commission or agency charges.
- §31 — Chapter not to apply to Parsis.
- §310 — Purchase by executor or administrator of deceased’s property.
- §311 — Powers of several executors or administrators exercisable by one.
- §312 — Survival of powers on death of one of several executors or administrators.
- §313 — Powers of administrator of effects unadministered.
- §314 — Powers of administrator during minority.
- §315 — Powers of married executrix or administratrix.
- §316 — As to deceased’s funeral.
- §317 — Inventory and account.
- §318 — Inventory to include property in any part of India in certain cases.
- §319 — As to property of, and debts owing to, deceased.
- §32 — Devolution of such property.
- §320 — Expenses to be paid before all debts.
- §321 — Expenses to be paid next after such expenses.
- §322 — Wages for certain services to be next paid, and then other debts.
- §323 — Save as aforesaid, all debts to be paid equally and rateably.
- §324 — Application of moveable property to payment of debts where domicile not in India.
- §325 — Debts to be paid before legacies.
- §326 — Executor or administrator not bound to pay legacies without indemnity.
- §327 — Abatement of general legacies.
- §328 — Non-abatement of specific legacy when assets sufficient to pay debts.
- §329 — Right under demonstrative legacy when assets sufficient to pay debts and necessary
expenses.
- §33 — Where intestate has left widow and lineal descendants, or widow and kindred only, or
widow and no kindred.
- §330 — Rateable abatement of specific legacies.
- §331 — Legacies treated as general for purpose of abatement.
- §332 — Assent necessary to complete legatee’s title.
- §333 — Effect of executor’s assent to specific legacy.
- §334 — Conditional assent.
- §335 — Assent of executor to his own legacy.
- §336 — Effect of executor’s assent.
- §337 — Executor when to deliver legacies.
- §338 — Commencement of annuity when no time fixed by will.
- §339 — When annuity, to be paid quarterly or monthly, first falls due.
- §33A — Special provision where intestate has left widow and no lineal descendants.
- §34 — Where intestate has left no widow, and where he has left no kindred.
- §340 — Dates of successive payments when first payment directed to be made within a given time
or on day certain: death of annuitant before date of payment.
- §341 — Investment of sum bequeathed, where legacy, not specific, given for life.
- §342 — Investment of general legacy, to be paid at future time: disposal of intermediate, interest.
- §343 — Procedure when no fund charged with, or appropriated to, annuity.
- §344 — Transfer to residuary legatee of contingent bequest.
- §345 — Investment of residue bequeathed for life, without direction to invest in particular
securities.
- §346 — Investment of residue bequeathed for life, with direction to invest in specified securities.
- §347 — Time and manner of conversion and investment.
- §348 — Procedure where minor entitled to immediate payment or possession of bequest, and no
direction to pay to person on his behalf.
- §349 — Legatee’s title to produce of specific legacy.
- §35 — Rights of widower.
- §350 — Residuary legatee’s title to produce of residuary fund.
- §351 — Interest when no time fixed for payment of general legacy.
- §352 — Interest when time fixed.
- §353 — Rate of interest.
- §354 — No interest on arrears of annuity within first year after testator's death.
- §355 — Interest on sum to be invested produce annuity.
- §356 — Refund of legacy paid under Court’s orders.
- §357 — No refund if paid voluntarily.
- §358 — Refund when legacy has become due on performance of condition within further time
allowed under section 137.
- §359 — When each legatee compellable to refund in proportion.
- §36 — Rules of distribution.
- §360 — Distribution of assets.
- §361 — Creditor may call upon legatee to refund.
- §362 — When legatee, not satisfied or compelled to refund under section 361, cannot oblige one
paid in full to refund.
- §363 — When unsatisfied legatee must first proceed against executor, if solvent.
- §364 — Limit to refunding of one legatee to another.
- §365 — Refunding to be without interest.
- §366 — Residue after usual payments to be paid to residuary legatee.
- §367 — Transfer of assets from India to executor or administrator in country of domicile for
distribution.
- §368 — Liability of executor or administrator for devastation.
- §369 — Liability of executor or administrator for neglect to get any part of property.
- §37 — Where intestate has left child or children only.
- §370 — Restriction on grant of certificates under this part.
- §371 — Court having jurisdiction to grant certificate.
- §372 — Application for certificate.
- §373 — Procedure on application.
- §374 — Contents of certificate.
- §375 — Requisition of security from grantee of certificate.
- §376 — Extension of certificate.
- §377 — Forms of certificate and extended certificate.
- §378 — Amendment of certificate in respect of powers as to securities.
- §379 — Mode of collecting court-fees on certificates.
- §38 — Where intestate has left no child, but grandchild or grandchildren.
- §380 — Local extent of certificate.
- §381 — Effect of certificate.
- §382 — Effect of certificate granted or extended by Indian representative in Foreign State and in
certain other cases.
- §383 — Revocation of certificate.
- §384 — Appeal.
- §385 — Effect on certificate of previous certificate, probate or letters of administration.
- §386 — Validation of certain payments made in good faith to holder of invalid certificate.
- §387 — Effect of decisions under this Act, and liability of holder of certificate thereunder.
- §388 — Investiture of inferior courts with jurisdiction of District Court for purposes of this Act.
- §389 — Surrender of superseded and invalid certificates.
- §39 — Where intestate has left only great-grandchildren or remoter lineal descendants.
- §390 — Provisions with respect to certificates under Bombay Regulation VIII of 1827.
- §392 — [Repealed.].
- §4 — Application of Part.
- §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.
- §41 — Rules of distribution where intestate has left no lineal descendants.
- §42 — Where intestate's father living.
- §43 — Where intestate’s father dead, but his mother, brothers and sisters living.
- §44 — Where intestate’s father dead and his mother, a brother or sister, and children of any
deceased brother or sister, living.
- §45 — Where intestate’s father dead and his mother and children of any deceased brother or sister
living.
- §46 — Where intestate’s father dead, but his mother living and no brother, sister, nephew or
niece.
- §47 — Where intestate has left neither lineal descendant, nor father, nor mother.
- §48 — Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.
- §49 — Children’s advancements not brought into hotchpot.
- §5 — Law regulating succession to deceased person’s immoveable and moveable property,
respectively.
- §50 — General principles relating to intestate succession.
- §51 — Division of intestate’s property among widow, widower, children and parents.
- §53 — Division of share of predeceased child of intestate leaving lineal descendants.
- §54 — Division of property where intestate leaves no lineal descendant but leaves a widow or
widower or a widow or widower of any lineal descendant.
- §55 — Division of property where intestate leaves neither lineal descendants nor a widow or
widower nor a widow or widower of any lineal descendant.
- §56 — Division of property where there is no relative entitled to succeed under the other provisions
of this Chapter.
- §57 — Application of certain provisions of Part to a class of wills made by Hindus, etc.
- §58 — General application of Part.
- §59 — Person capable of making wills.
- §6 — One domicile only affects succession to moveables.
- §60 — Testamentary guardian.
- §61 — Will obtained by fraud, coercion or importunity.
- §62 — Will may be revoked or altered.
- §63 — Execution of unprivileged wills.
- §64 — Incorporation of papers by reference.
- §65 — Privileged wills.
- §66 — Mode of making, and rules for executing, privileged wills.
- §67 — Effect of gift to attesting witness.
- §68 — Witness not disqualified by interest or by being executor.
- §69 — Revocation of will by testator’s marriage.
- §7 — Domicile of origin of person of legitimate birth.
- §70 — Revocation of unprivileged will or codicil.
- §71 — Effect of obliteration, interlineation or alteration in unprivileged will.
- §72 — Revocation of privileged will or codicil.
- §73 — Revival of unprivileged will.
- §74 — Wording of wills.
- §75 — Inquiries to determine questions as to object or subject of will.
- §76 — Misnomer or misdescription of object.
- §77 — When words may be supplied.
- §78 — Rejection of erroneous particulars in description of subject.
- §79 — When part of description may not be rejected as erroneous.
- §8 — Domicile of origin of illegitimate child.
- §80 — Extrinsic evidence admissible in cases of patent ambiguity.
- §81 — Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.
- §82 — Meaning or clause to be collected from entire Will.
- §83 — When words may be understood in restricted sense, and when in sense wider than usual.
- §84 — Which of two possible constructions preferred.
- §85 — No part rejected, if it can be reasonably construed.
- §86 — Interpretation of words repeated in different parts of will.
- §87 — Testator’s intention to be effectuated as far as possible.
- §88 — The last of two inconsistent clauses prevails.
- §89 — Will or bequest void for uncertainty.
- §9 — Continuance of domicile of origin.
- §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.