Cheat Sheet: Indian Succession Act, 1925

1. Preliminary Provisions

1.1 Extent and Application

1.2 Key Definitions (Section 2)

2. Intestate Succession (Part II - Sections 31-49)

2.1 Application

• Applies to Hindus, Buddhists, Sikhs, Jains dying intestate
• Limited to certain scheduled areas
• Muslims excluded from this part

2.2 Hindu Intestate Succession

2.2.1 Succession to Property of Hindu Male (Section 8)

2.2.2 Succession to Property of Hindu Female (Section 15)

• First: Sons and daughters, husband
• Second: Heirs of husband
• Third: Mother and father
• Fourth: Heirs of father
• Fifth: Heirs of mother

2.3 Distribution Rules

3. Testamentary Succession (Part VI - Sections 57-191)

3.1 Capacity to Make Will (Section 59)

3.2 Execution of Unprivileged Wills (Section 63)

3.3 Privileged Wills (Section 66)

3.3.1 Who Can Make

• Soldiers in actual service (whether war declared or not)
• Airmen in actual service
• Mariners at sea

3.3.2 Formalities

• No attestation required
• Can be written entirely in testator's handwriting
• Can be oral (nuncupative will)
• Less formal requirements than unprivileged wills

3.4 Competency of Witnesses (Section 68)

4. Revocation and Alteration of Wills

4.1 Methods of Revocation (Section 70)

4.2 Revival of Will (Section 71)

• Revoked will not revived by destruction of revoking will
• Revival requires re-execution with attestation or codicil showing intention to revive

4.3 Alteration and Obliteration (Section 72)

• Alteration after execution has no effect unless executed like will
• Obliteration/interlineation deemed part of will if made before execution

5. Types of Legacies and Bequests

5.1 Classification of Legacies

5.2 Void Bequests

5.3 Lapse and Ademption

6. Construction and Interpretation of Wills

6.1 General Rules

• Will speaks from death of testator (Section 84)
• All property owned at death included unless contrary intention shown
• Words construed in ordinary sense unless technical meaning intended
• Effect given to every word if possible (Ut res magis valeat quam pereat)

6.2 Rule Against Perpetuity (Section 114)

6.3 Conditional Bequests

7. Probate and Letters of Administration

7.1 Probate (Sections 213-264)

7.2 Letters of Administration (Sections 265-370)

7.2.1 Types

7.3 Priority for Grant of Administration (Section 283)

1. Widow or next of kin or both together
2. Creditor
3. Any person at discretion of court

7.4 Revocation of Probate/Letters (Section 263)

• Court may revoke for fraud, incorrect statement, subsequently discovered will
• Grant becomes void if executor/administrator becomes unsound mind
• Fresh grant required after revocation

8. Parsi Intestate Succession (Part IX - Sections 50-56)

8.1 Succession to Property of Parsi

8.2 Distribution Among Relatives

• Relatives of nearest degree exclude more remote
• Relatives of same degree take per capita
• Half-blood related through mother equally as full blood
• Half-blood related through father take half share

9. Payment of Debts and Funeral Expenses

9.1 Priority Order (Section 322)

1. Funeral expenses and expenses of obtaining probate/letters
2. Debts due to Government
3. Rent due to landlord
4. Rates and taxes
5. Judgments and decrees
6. Recognizances, bonds, specialties
7. Simple contract debts

9.2 Marshalling of Assets

• General rule: debts paid from residuary estate first
• If residue insufficient, proportional contribution from all legatees
• Specific legacies not used unless general assets exhausted

9.3 Abatement of Legacies (Section 323)

10. Special Provisions and Doctrines

10.1 Doctrine of Election (Section 180)

10.2 Satisfaction of Legacy (Section 133)

• Portion or interest given to child in lifetime may be treated as satisfaction of legacy
• Applies when intention of testator apparent from will or evidence
• Portion must be equal to or greater than legacy

10.3 Ademption of Specific Legacy

• Occurs when specific property bequeathed disposed of/destroyed before death
• Legatee gets nothing unless contrary intention in will
• Change in form but not substance does not cause ademption

10.4 Survivorship Clause

• Legatee must survive testator to take legacy (Section 109)
• Exception: descendants of deceased child/lineal descendant take
• Simultaneous death: burden of proof on person claiming survivorship

10.5 Hotchpot (Section 51)

• In Parsi intestacy: children must bring advancements into account
• Advancement in lifetime treated as part of share unless gift intended
• Ensures equality among children

11. Universal Succession Certificate

11.1 Succession Certificate (Sections 370-382)

11.2 Exclusions from Succession Certificate

• Not required when probate or letters of administration granted
• Not applicable to immovable property
• Not required for Government securities with nomination facility

12. Important Judicial Principles

12.1 Interpretation Maxims

12.2 Testamentary Capacity Test

• Understand nature of act of making will
• Know extent of property being disposed
• Comprehend claims of persons who should benefit
• Free from insane delusions affecting disposition

12.3 Undue Influence in Wills

• Burden of proof on person alleging undue influence
• Must show coercion destroyed free agency of testator
• Mere opportunity or motive insufficient
• Suspicious circumstances shift burden to propounder