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ARRANGEMENT OF SECTIONS.

PART I.

PRELIMINARY,

SECTION

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Short title.
This Act to constitute law of British India in cases of Intestate or Testa-

mentary Succession
Interpretation Clause
Interests and powers not acquired nor lost by marriage

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PART II.

OF DOMICILE.

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II

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 British India Ambassadors and Consuls . Continuance of new domicile Minor's domicile Domicile acquired by woman on marriage Wife's domicile during marriage Except in cases stated, minor cannot acquire new domicile Lunatic's acquisition of new domicile Succession to moveable property in British India, in absence of proof of

domicile elsewhere

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Kindred or consanguinity
Lineal consanguinity
Collateral consanguinity
Persons held for purpose of succession to be similarly related to deceased
Mode of computing degrees of kindred

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PART IV.

OF INTESTACY.

As to what property deceased is considered to have died intestate
Devolution of such property

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SECTION

Where intestate has left widow and lineal descendants, or widow and

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

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PART V.

OF THE DISTRIBUTION OF AN INTESTATE'S PROPERTY.

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(a) Where he has left lineal Descendants. Rules of distribution

29 Where intestate has left child or children only

30 Where intestate has left no child, but grandchild or grandchildren 31 Where intestate has left only great-grandchildren or lineal descendants in remoter degree

32 Where intestate leaves lineal descendants not in same degree, and those through whom more remote descend are dead .

33 (b) Where the intestate has left no lineal Descendants. Where intestate has left no lineal descendants

34 Where intestate's father is living

35 Where intestate's father is dead, but his mother, brothers and sisters are

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

37 Where intestate's father is dead, and his mother and the children of any deceased brother or sister are living .

38 Where intestate's father is dead, but his mother is living and there is no brother nor sister nor nephew. .

39 Where intestate has left neither lineal descendant nor father nor mother. 40 Where intestate has left neither lineal descendant, nor parent, nor brother

nor sister. Children's advancements not to be brought into hotchpot .

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PART VI.

OF THE EFFECT OF MARRIAGE AND MARRIAGE SETTLEMENTS

ON PROPERTY.

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Rights of widower and widow respectively
No rights to property not comprised in an antenuptial settlement ac

quired by marriage between a person domiciled and person not

domiciled in British India . Settlement of minor's property in contemplation of marriage

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PART VII.

OF WILLS AND CODICILS.

Persons capable of making Wills
Testamentary guardian

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OF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL

OF WILLS.

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Effect of gift to attesting witness
Witness not disqualified by interest or by being executor .
Revocation of Will by testator's marriage.
Power of appointment defined
Revocation of unprivileged Will or Codicil
Effect of obliteration, interlineation, or alteration in unprivileged Will
Revocation of privileged Will or Codicil
Revival of unprivileged Will
Extent of revival of Will or Codicil partly revoked and afterwards

wholly revoked .

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PART XI.

OF THE CONSTRUCTION OF WILLS.

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Wording of Will

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62 Enquiries 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

66 When part of description may not be rejected as erroneous Extrinsic evidence admissible in case of latent ambiguity . Extrinsic evidence inadmissible in cases of patent ambiguity or deficiency 68 Meaning of any clause to be collected from entire Will.

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

70 Where a clause open to two constructions

71 No part of Will to be rejected, if capable of reasonable construction . 72

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SECTION

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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

75 Will or bequest void for uncertainty

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

77 Power of appointment executed by general bequest.

78 Implied gift to the objects of power in default of appointment .

79 Bequest to‘heirs' &c. of particular person without qualifying terms 80 Bequest to ‘representatives' &c. of particular person

81 Bequest without words of limitation .

82 Bequest in alternative

83 Effect of words describing class added to bequest to person

84 Bequest to class under a general description only

85 Construction of terms Words expressing relationship denote only legitimate relatives, or failing such, relatives reputed legitimate

87 Construction where Will purports to make two bequests to same person

88 Constitution of residuary legatee

89 Property to which residuary legatee entitled

go Time of vesting of legacy in general terms When legacy lapses.

92 No lapse if one of two joint legatees die before testator

93 Effect, in such case, of words showing intention that shares should be distinct 94 When lapsed share goes as undisposed of .

95 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 in testator's

lifetime Survivorship in case of bequest to described class

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PART XII.

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OF VOID BEQUESTS. Bequest to person by particular description, who does not exist at testator's death

99 Bequest to person not existing at testator's death, subject to prior bequest 100 Rule against perpetuity Bequest to a class, of which some may come under rules in Sections 100

and 101 Bequest to take effect on failure of bequest void under Sections 100, 101

. 103 Effect of direction for accumulation.

104 Bequest to religious or charitable uses

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102

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or 102

PART XIII.

OF THE VESTING OF LEGACIES.
Date of vesting of legacy when payment or possession postponed

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SECTION

Date of vesting when legacy is contingent upon specified uncertain event. 107 Vesting of interest in bequest to such members of class as attain a

particular age

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PART XIV.

OF ONEROUS BEQUESTS. Onerous bequest One of two separate and independent bequests to same person may be

accepted, and the other refused .

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PART XV.

OF CONTINGENT BEQUESTS. Bequest contingent upon specified uncertain event, no time being men

tioned for its occurrence Bequest to such of certain persons as shall be surviving at some period

not specified

III

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PART XVI.

OF CONDITIONAL BEQUESTS.

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manner

Bequest upon impossible condition

113 Bequest opon illegal or immoral condition

114 Fulfilment of condition precedent to vesting of legacy

115 Bequest to A and, on failure of prior bequest, to B

116 Second bequest intended to take effect only where first fails in particular

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

118 Condition must be strictly fulfilled

· 119 Original bequest not affected by invalidity of second . Request conditioned that it shall cease to have effect in case specified

uncertain event shall happen or not happen
Such condition must not be invalid under Section 107
Result of legatee rendering impossible or indefinitely postponing an act

for which no time is specified and on non-performance of which the
subject matter is to go over

123 Performance of condition, precedent or subsequent, within specified time 124 Further time allowed in case of fraud

ib.

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PART XVII.

OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR

ENJOYMENT.

Direction that funds be employed in particular manner following absolute

bequest of same to or for benefit of any person :

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