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Indian Succession Act, 1925 – Section Summary

SectionRuleKey ConceptCase Law
2Definitions (executor, administrator, will, codicil)Explains important terms used in the Act.
5Law regulating successionMovable property follows domicile law, immovable follows location law.
59Who can make a willAny person of sound mind and major can make a will.H. Venkatachala Iyengar v. B.N. Thimmajamma
61Will obtained by fraud, coercion or undue influence is voidIf will is made by force or fraud, it is not valid.Rani Purnima Debi v. Kumar Khagendra Narayan Deb
63Execution of unprivileged willWill must be signed and attested by witnesses.H. Venkatachala Iyengar v. B.N. Thimmajamma
66Privileged willsSoldiers and similar persons can make simple wills.
70Revocation of willWill can be cancelled by new will or destruction.
74Wording of willClear intention of testator is important.
105Lapse of legacyGift fails if beneficiary dies before testator.
111Conditional bequestsGift depends on a condition being fulfilled.
120Bequest to unborn personGift to unborn is valid only if rules are followed.
122Transfer to class of personsGift can be made to group of persons.
129Residuary legateePerson who gets remaining property after all gifts.
142Specific legacyGift of specific property clearly identified.
150Demonstrative legacyGift paid from a specific source but can use general assets.
171General legacyGift given in general terms, not specific property.
211Executor’s right to propertyExecutor gets control over property after death.
213Right to executor or legateeProbate is needed to establish rights under will.
217Application of probate rulesExplains where probate rules apply.
222Probate to executorProbate is granted only to executor named in will.
232Grant of administration when no executorCourt appoints administrator if no executor.
276Petition for probateProcedure to apply for probate.
305Duties of executor or administratorMust manage and distribute estate properly.
307Power of executorExecutor can sell or manage property.
370Restriction on succession certificateCertificate cannot be granted where probate is required.
372Application for succession certificateProcedure to apply for succession certificate.
381Effect of succession certificatePayment to holder gives protection to debtor.