Indian Succession Act, 1925

Exhaustive Coverage Of Indian & Foreign Cases on
1. Wills
2. Probate
3. Letters of Administration
4. Succession Certificate
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Description
At the very outset I like to say that the present edition is altogether different from the one which saw the light of the day a few years back. Truly speaking, it is a new treatise, new in every respect. The task was stupendous. I have had occasions to offer my own views. Apart from presenting a readable treatise, the exposition of law on the subject.in my humble opinion, is clear and accurate, though not always concise. In order to explain the law clearly and to make it understandable to the readers, I had to quote in extenso illuminating passages not only from the authoritative pronouncements by different courts but also from the authorities like Williams on Wills, Halsbury's Laws of England, Tristram and Cootes, Probate Practice, Jarman on Wills etc. I express my gratitude and indebtedness to the  learned authors. Even in the last edition I took special care in explaining as clearly as possible the devolution of intestate succession among the Indian Christians and the Parsis. Act 51 of 1991 has made drastic changes as regards succession among the Parsis dying intestate on or after 9th December, 1991. Similarly, Act 26 of 2002 has exempted the Indian Christians from taking probate of a Will. Taking probate of a Will, as is evident from a conjoint reading of sections 57(a) and 213(2)(1) of the Act, is not a mandatory requirement of law in every State of India. The Act does not specifically provide where taking probate is a must, and where not. Unless the law in this regard can be made uniform, the legislators may think of incorporating a clear and specific provision in the Act declaring the territories which come within either of the two categories.
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Contents
Part I - Preliminary
Part II - Of Domicile
Part III - Marriage
Part IV - Of Consanguinity
Part V - Intestate Succession
Chapter 1.    Preliminary
Chapter 2.    Rules in Cases of Intestate other than Parsis
Chapter 3.    Special Rules for Parsis Intestates
Part VI - Testamentary Succession
Chapter 1.    Introductory
Chapter 2.    Of Wills and Codicils
Chapter 3.    Of the Execution of Unprivileged Wills
Chapter 4.    Of Privileged Wills
Chapter 5.    Of the Attestation, Revocation, Alteration and Revival of Wills
Chapter 6.    Of the Construction of Wills
Chapter 7.    Of Void Bequests
Chapter 8.    Of the Vesting of Legacies
Chapter 9.    Of Onerous Bequests
Chapter 10.  Of Contingent Bequests
Chapter 11.  Of Conditional Bequests
Chapter 12.  Of Bequests with Directions as to Application or Enjoyment
Chapter 13.  Of Bequests to an Executor
Chapter 14.  Of Specific Legacies
Chapter 15.  Of Demonstrative Legacies
Chapter 16.  Of Ademption of Legacies
Chapter 17.  Of the Payment of Liabilities in Respect of the Subject of a Bequest
Chapter 18.  Of Bequests of Things Described in General Terms
Chapter 19.  Of Bequests of the Interest or Produce of a Fund
Chapter 20.  Of Bequests of Annuities
Chapter 21.  Of Legacies to Creditors and Portioners
Chapter 22.  Of Election
Chapter 23.  Of Gifts in Contemplation of Death
Part VII - Protection of Property Deceased
Part VIII - Representative Title to Property of Deceased on Succession
Part IX - Probate, Letters of Administration and Administration of Assets of Deceased
Chapter 1.    Of Grant of Probate and Letters of Administration
Chapter 2.    Of Limited Grants
Chapter 3.    Alteration and Revocation of Grants
Chapter 4.    Of the Practice in Granting and Revoking Probates and Letters of Administration
Chapter 5.    Of Executors of their own Wrong
Chapter 6.    Of the Powers of an Executor or Administrator
Chapter 7.    Of the Duties of an Executor or Administrator
Chapter 8.    Of Assent to a Legacy by executor or Administrator
Chapter 9.    Of the Payment and Apportionment of Annuities
Chapter 10.  Of the Investment of Funds to provide for Legacies
Chapter 11.  Of the Produce and Interest of Legacies
Chapter 12.  Of the Refunding of Legacies
Chapter 13.  Of the Liability of an Executor or Administrator for Devastation
Part X - Succession Certificates
Part XI - Miscellaneous
Schedules
Index
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Author Details
S.P. Sengupta