SECTION

Power to appoint Delegate of District Judge to deal with non-contentious cases.

235A

District Judge's powers as to the granting of probate and administration 236 District Judge may order any person to produce testamentary papers 237 Proceedings of District Judge's Court in relation to probate and administration.

When and how District Judge is to interfere for protection of property Probate or administration may be granted by District Judge, when testator or intestate at his death had fixed dwelling or property within jurisdiction

When application is made to Judge of District in which deceased had no fixed abode

238 239

240

241

. 241A

Probate and letters of administration may be granted by Delegate.
Conclusiveness of probate or letters of administration
Transmission of certificate by High Court granting probate, etc. to
other Courts
Conclusiveness of application for probate or administration, if properly
made and verified

Verification of translation made by any person other than Court

translator

Petition for letters of administration

Additional statements in petition for probate, etc.

Petition for probate or letters of administration to be signed and verified
Verification of petition for probate by one of the witnesses to the Will
Punishment for making false averment in petition or declaration
District Judge may examine petitioner in person and require further
evidence, and issue citations to inspect proceedings.

After entry of caveat, no proceeding to be taken on the petition until after notice to the caveator

253

District Delegate when not to grant probate or administration
Power to transmit statement to District Judge in doubtful cases where
no contention.
Procedure, where there is contention, or District Delegate thinks probate

Probate not to be granted until after seven days, and letters of administration until after fourteen days, from death

258

Filing of original Wills of which probate or letters of administration

SECTION

Grantee of probate or letters of administration shall alone have power to
sue, etc., until same revoked
Procedure in contentious cases

Payment to executor or administrator before probate or letters of ad-
ministration revoked

Right of such executor or administrator to recoup himself for payments
Appeals from orders made by District Judge under Act
Concurrent jurisdiction of High Court

PART XXXII.

OF EXECUTORS OF THEIR OWN WRONG.

260

261

262

ib.

263

264

Executor of his own wrong

Liability of an executor of his own wrong

265 266

PART XXXIII.

OF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR.

In respect of causes of action surviving deceased, and rents due at time of his death

Rights of action in favour of or against deceased, survive to and against his executor or administrator .

267

268

Power of executor or administrator to dispose of deceased's property
Purchase by executor or administrator of deceased's property .
Powers of several executors or administrators, exerciseable by one

269

270

271

Survival of powers on death of one of several executors or administrators 271

Inventory may include property in any part of British India.

Duty of executor or administrator as to property of, and debts owing to,

Expenses to be paid before all debts

276 277

.277A

278

279

280

Creditor paid in part under Section 283 to bring such payment into account before sharing in proceeds of immoveable property

Debts to be paid before legacies

Wages for certain services to be next paid, and then the other debts
Save as aforesaid, all debts to be paid equally and rateably
Application of moveable property to payment of debts, where deceased's
domicile foreign

281

282

.

283

284

285

SECTION

Executor or administrator not bound to pay legacies without indemnity. 286

Executor not to pay one legatee in preference to another

Non-abatement of specific legacy when assets sufficient to pay debts

Right under demonstrative legacy, when assets are sufficient to pay
debts and necessary expenses
Rateable abatement of specific legacies

Legacies treated as general for purpose of abatement

287 ib.

288

289

290

291

PART XXXV.

OF THE EXECUTOR'S ASSENT TO A LEGACY.

Executor's assent necessary to complete legatee's title

Effect of executor's assent to specific legacy

Assent may be verbal, and either express or implied
Conditional assent

Assent of executor to his own legacy

Implied assent

Assent of executor gives effect to legacy from testator's death

Executor not bound to pay or deliver legacies until after one year from testator's death

292

293

ib.

294

295

ib.

296

297

Commencement of annuity when no time fixed by Will .
When payment of annuity to be paid quarterly or monthly first falls due. 299
Dates of successive payments when first payment of annuity directed to

be made within given time, or on day certain .
Apportionment where annuitant dies between times of payment

PART XXXVII.

OF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES.

300

ib.

Investment of sum bequeathed where legacy, not specific, is given for life 301 Investment of amount of general legacy to be paid at future time

Procedure when no fund charged with or appropriated to annuity
Transfer to residuary legatee of amount of contingent bequest.

Investment of residue bequeathed to one for life, without direction to
invest in specified securities

Investment of residue bequeathed to one for life, with such direction
Time and manner of conversion and investment

Interest payable until investment.

Procedure where minor is entitled to immediate payment, and no direction

to pay to any one on his behalf

PART XXXVIII.

OF THE PRODUCE AND INTEREST OF LEGACIES.

SECTION

Legatee of specific legacy entitled to produce thereof from testator's death 309
Residuary legatee entitled to produce of residuary fund from testator's death 310
Interest when no time is fixed for payment of general legacy.
Interest when time has been fixed.

Rate of interest .

311 312

313

314 315

No interest payable on arrears of annuity within first year after testator's death

Interest payable on sum to be invested to produce annuity

Refund when legacy has become due on performance of condition within

further time allowed under Section 124.

When each legatee is compellable to refund in proportion

Distribution of assets

Creditor may follow assets

316

317

Within what period creditor may call upon legatee to refund.
When legatee who has not received payment or who has been compelled
to refund under Section 321 cannot oblige one who has received
payment in full to refund

When unsatisfied legatee must first proceed against executor, if solvent
Limit to refunding of one legatee to another
Refunding to be without interest

.

Residue of deceased's property after usual payments to be paid to residuary legatee

PART XL.

OF THE LIABILITY OF AN EXECUTOR OR ADMINISTRATOR

FOR DEVASTATION.

Liability of executor or administrator for devastation

For neglect to get in any part of the deceased's property.

PART XLI.

MISCELLANEOUS.

Succession to property of Hindús, Muhammadans, or Buddhists, and certain Wills, intestacies and marriages, not affected by this Act. Power of Governor-General in Council to exempt from operation of Act. 332

331

ACT No. X OF 1865.

PASSED BY THE GOVERNOR-GENERAL

OF INDIA IN COUNCIL.

(Received the assent of the Governor-General on the 16th March 1865.)

An Act to amend and define the Law of Intestate and
Testamentary Succession in British India.

WHEREAS it is expedient to amend and define the rules of Preamble. law applicable to intestate and testamentary succession in British India; It is enacted as follows:

PART I

PRELIMINARY.

:

1. This Act may be cited as 'The Indian Succession Act, Short Title. 1865.'

of British

2. Except as provided by this Act1 or by any other law for This Act to the time being in force, the rules herein contained shall be the law constitute the law of British India applicable to all cases of India in intestate or testamentary succession 3.

cases of

Succession.

3. In this Act, unless there be something repugnant in the Interpretasubject or context

tion Clause.

'Gender.'

Words importing the singular number include the plural: Number." words importing the plural number include the singular; and words importing the male sex include females.

1 See infra, secs. 331, 332. See the Pársí Succession Act, XXI of 1865, sec. 8.

VOL. I.

Ꮓ

3 This operates as a repeal of the previously existing law on the subject, 12 Ben. 427, per Macpherson J.