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SUCCESSION ACT, 1925

SECTIONS

CONTENTS

PART – 1

PRELIMINARY

1.

Short title, extent and application.

2.

Definitions.

3.

Power of Provincial Government to exempt any race, sect or tribe in the Province from operation of Act.

PART II

Of Domicile

4.

Application of Part.

5.

Law regulating succession to deceased persons immoveable and moveable property, respectively.

6.

One domicile only affects succession to moveable.

7.

Domicile of origin of person of legitimate birth.

8.

Domicile of origin of illegitimate child.

9.

Continuance of domicile of origin.

10.

Acquisition of new domicile.

11.

Special mode of acquiring domicile in Pakistan.

12.

Domicile not acquired by residence as representative of foreign Government, or as part of this family.

13.

Continuance of new domicile.

14.

Minors domicile.

15.

Domicile acquired by woman on marriage.

16.

Wife’s domicile during marriage.

17.

Minors acquisition of new domicile.

18.

Lunatics acquisition of new domicile.

19.

Succession to moveable property in Pakistan, in absence of proof domicile elsewhere.

PART III

Marriage

20.

Interests and powers not acquired nor lost by marriage.

21.

Effect of marriage between person domiciled and one not domiciled in Pakistan.

22.

Settlement of minors property in contemplation of marriage.

PART IV

Of Consanguinity

23.

Application of Part.

24.

Kindred or consanguinity.

25.

Lineal consanguinity.

26.

Collateral consanguinity.

27.

Persons held for purpose of succession to be similarly related to deceased.

28.

Mode of computing of degrees of kindred.

PART V

Intestate Succession

CHAPTER I

Preliminary

29.

Application of Part.

30.

As to what property deceased considered to have died, intestate.

CHAPTER II

RULES IN CASES OF INTESTATES OTHER THAN PARSIS

31.

Chapter not to apply to Parsis.

32.

Devolution of such property.

33.

Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred.

33A.

Special provision where intestate has left widow and no lineal descendants.

34.

Where intestate has left no widow, and where he has left no kindred.

35.

Rights of widower.

Distribution where there are lineal descendants

36.

Rules of distribution.

37.

Where intestate has left child or children only.

38.

Where intestate has left so child, but grand-child or grand-children.

39.

Where intestate has left only great-grand-children or remoter lineal descendants.

40.

Where intestate leaves lineal descendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead.

Distribution where there are no lineal descendants

41.

Rules of distribution where intestate has left no lineal descendants.

42.

Where intestates father living.

43.

Where intestates father dead but his mother, brothers and sisters living.

44.

Where intestates father dead and his mother, a brother or sister, and children of any deceased brother or sister, living.

45.

Where intestates father dead and his mother and children of any deceased brother or sister living.

46.

Where intestates father dead, but his mother living and no brother, sister, nephew or niece.

47.

Where intestate has left neither lineal descendant, nor father, nor mother.

48.

Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister.

49.

Children’s advancements not brought into hotchpot.

CHAPTER III

SPECIAL RULES FOR PARIS INTESTATES

50.

General principles relating to intestate succession.

51.

Division of a male intestates property among his widow, children and parents.

52.

Division of a female intestates property among her widower and children.

53.

Division of share of predeceased child of intestate leaving lineal descendants.

54.

Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow of any lineal descendant.

55.

Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant.

56.

Division of property where there is no relative entitled to succeed under the other provisions of this Chapter.

PART VI

Testamentary Succession

CHAPTER I

INTRODUCTORY

57.

Application of certain provisions of Part to a class of wills made by Hindus, etc.

58.

General application of Part.

CHAPTER II

OF WILLS AND CODICILS

59.

Person capable of making wills.

60.

Testamentary guardian.

61.

Will obtained by fraud, coercion or importunity.

62.

Will may be revoked or altered.

CHAPTER III

OF THE EXECUTION OF UNPRIVILEGED WILLS

63.

Execution of unprivileged wills.

64.

Incorporation of papers by reference.

CHAPTER IV

OF PRIVILEGED WILLS

65.

Privileged wills.

66.

Mode of making, and rules for executing, privileged wills.

CHAPTER V

OF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF WILLS

67.

Effect of gift to attesting witness.

68.

Witness not disqualified by interest or by being execu­tor.

69.

Revocation of will by testators marriage.

70.

Revocation of unprivileged will or codicil.

71.

Effect of obliteration, interlineation or alteration in unprivileged will.

72.

Revocation of privileged will or codicil.

73.

Revival of unprivileged will.

CHAPTER VI

OF THE CONSTRUCTION OF WILLS

74.

Wording of will.

75.

Inquiries to determine questions as to object or subject of will.

76.

Misnomer or misdescription of object.

77.

When words may be supplied.

78.

Rejection of erroneous particulars in description of subject.

79.

When part of description may not be rejected as erro­neous.

80.

Extrinsic evidence admissible in cases of patent ambi­guity.

81.

Extrinsic evidence inadmissible in case of patent ambi­guity or deficiency.

82.

Meaning of clause to be collected from entire will.

83.

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

84.

Which of two possible constructions preferred.

85.

No part rejected, if it can be reasonably construed.

86.

Interpretation of words repeated in different parts of will.

87.

Testators intention to be effectuated as far as possible.

88.

The last of two inconsistent clauses prevails.

89.

Will or bequest void for uncertainty.

90.

Words describing subject refer to property answering description at testators death.

91.

Power of appointment executed by general bequest.

92.

Implied gift to objects of power in default of appoint­ment.

93.

Bequest to “heirs”, etc., of particular person without qualifying terms.

94.

Bequest to “representatives,” etc., of particular person.

95.

Bequest without words of limitation.

96.

Bequest in alternative.

97.

Effect of words describing a class added to bequest to person.

98.

Bequest to class of persons under general description only.

99.

Construction of terms.

100.

Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate.

101.

Rules of construction where will purports to make two bequests to same person.

102.

Constitution of residuary legatee.

103.

Property to which residuary legatee entitled.

104.

Time of vesting legacy in general terms.

105.

In what case legacy lapses.

106.

Legacy does not lapse if one of two joint legatees die before testator.

107.

Effect of words showing testators intention to give distinct shares.

108.

When lapsed share goes as undisposed of.

109.

When bequest to testators child or lineal descendant does not lapse on his death in testators lifetime.

110.

Bequest to A for benefit of B does not lapse by A’s death.

111.

Survivorship in case of bequest to described class.

CHAPTER VII

OF VOID BEQUESTS

112.

Bequest to person by particular description, who is not in existence at testators death.

113.

Bequest to person not in existence at testators death subject to prior bequest.

114.

Rule against perpetuity.

115.

Bequest to a class some of whom may come under rules in sections 113 and 114.

116.

Bequest to take effect on failure of prior bequest.

117.

Effect of direction for accumulation.

118.

Bequest to religious or charitable uses.

CHAPTER VIII

OF THE VESTING OF LEGACIES

119.

Date of vesting of legacy when payment or possession postponed.

120.

Date of vesting when legacy contingent upon specified uncertain event.

121.

Vesting of interest in bequest to such members of a class as shall have attained particular age.

CHAPTER IX

OF ONEROUS BEQUESTS

122.

Onerous bequests.

123.

One of two separate and independent bequests to same person may be accepted, and other refused.

CHAPTER X

OF CONTINGENT BEQUESTS

124.

Bequest contingent upon specified uncertain event, so time being mentioned for its occurrence.

125.

Bequest to such of certain persons as shall be surviving at some period not specified.

CHAPTER XI

OF CONDITIONAL BEQUESTS

126.

Bequest upon impossible condition

127.

Bequest upon illegal or immoral condition.

128.

Fulfillment of condition precedent to vesting of legacy.

129.

Bequest to A and on failure of prior bequest to B-

130.

When second bequest not to take effect on failure of first.

131.

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

132.

Condition must be strictly fulfilled.

133.

Original bequest not affected by invalidity of second.

134.

Bequest conditioned that it shall cease to have effect in a case specified uncertain event shall happen, or not happen.

135.

Such condition must not be invalid under section 120.

136.

Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over.

137.

Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud.

CHAPTER XII

OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT.

138.

Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.

139.

Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.

140.

Bequest of fund for certain purposes, some of which cannot be fulfilled.

CHAPTER XIII

OF BEQUESTS TO AN EXECUTOR

141.

Legatee named as executor cannot take unless he shows intention to act as executor.

CHAPTER XIV

OF SPECIFIC LEGACIES

142.

Specific legacy defined.

143.

Bequest of certain sum where stocks, etc., in which invested are described.

144.

Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind.

145.

Bequest of money where not payable until part of tes­tators property disposed of in certain way.

146.

When enumerated articles not deemed specifically be­queathed.

147.

Retention, in form, of specific bequest to several persons in succession.

148.

Sale and investment of proceeds of property bequeathed to two or more persons in succession.

149.

Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.

CHAPTER XV

OF DEMONSTRATIVE LEGACIES

150.

Demonstrative legacy defined.

151.

Order of payment when legacy directed to be paid out of fund the subject of specific legacy.

CHAPTER XVI

OF ADEMPTION OF LEGACIES

152.

Ademption explained.

153.

Non-Ademption of demonstrative legacy.

154.

Ademption of specific bequest of right to receive some­thing from third party.

155.

Ademption pro tanto by testators receipt of part of entire thing specifically bequeathed.

156.

Ademption Pro tanto by testator’s receipt of portion of entire fund of which portion has been specifically bequeathed.

157.

Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies.

158.

Ademption where stock, specifically bequeathed, does not exist at testators death.

159.

Ademption pro tanto where stock, specifically bequeath­ed, exists in part only at testators death.

160.

Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.

161.

When removal of thing bequeathed does not consti­tute ademption.

162.

When thing bequeathed is a valuable to be received by testator from third person ; and testator himself, or his representative, receives it.

163.

Change by operation of law of subject of specific bequest between date of will and testators death.

164.

Change of subject without testators knowledge.

165.

Stock specifically bequeathed lent to third party on condition that it be replaced.

166.

Stock specifically bequeathed sold but replaced, and belonging to testator at his death.

CHAPTER XVII

OF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A BEQUEST.

167.

Non-liability of executor to exonerate specific legatees.

168.

Completion of testators title to things bequeathed to be at cost of his estate.

169.

Exoneration of legatees immoveable property for which land-revenue or rent payable periodically.

170.

Exoneration of specific legatees stock in joint stock company.

CHAPTER XVIII

OF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS.

171.

Bequest of thing described in general terms.

CHAPTER XIX

OF BEQUESTS OF THE INTEREST OR PRODUCE OF A FUND.

172.

Bequest of interest or produce of fund.

CHAPTER XX

OF BEQUESTS OF ANNUITIES

173.

Annuity created by will payable for life only unless contrary intention appears by will.

174.

Period of vesting where will directs that annuity be provided out of proceeds of property, or out of pro­perty generally, or where money bequeathed to be in­vested in purchase of annuity.

175.

Abatement of annuity.

176.

Where gift of annuity and residuary gift, whole annuity to be first satisfied.

CHAPTER XXI

OF LEGACIES TO CREDITORS AND PORTIONERS

177.

Creditor prima fade entitled to legacy as well as debt.

178.

Child prima facie entitled to legacy as well as portion.

179.

No Ademption by subsequent provision for legatee.

CHAPTER XXII

OF ELECTION

180.

Circumstances in which election takes place.

181.

Devolution of interest relinquished by owner.

182.

Testators belief as to his ownership immaterial.

183.

Bequest for mans benefit how regarded for purpose of election.

184.

Person deriving benefit indirectly not put to election.

185.

Person taking in individual capacity under will may in other character elect to take in opposition.

186.

Exception to provisions of last six sections.

187.

When acceptance of benefit given by will constitutes election to take under will.

188.

Circumstances in which knowledge or waiver is pre­sumed or inferred.

189.

When testators representatives may call upon legatee to elect.

190.

Postponement of election in case of disability.

CHAPTER XXIII

OF GIFTS IN CONTEMPLATION OF DEATH

191.

Property transferable by gift made in contemplation of death.

PART VII

PROTECTION OF PROPERTY OF DECEASED

192.

Person claiming right by succession to property of deceased may apply for relief against wrongful posses­sion.

193.

Inquiry made by Judge.

194.

Procedure.

195.

Appointment of curator pending determination of Proceeding.

196.

Powers conformable on curator.

197.

Prohibition of exercise of certain powers by curators. Payment of debts, etc., to curator.

198.

Curator to give security and may receive remuneration.

199.

Report from Collector where estate includes revenue-paying land.

200.

Institution and defence of suits.

201.

Allowances to apparent owners pending custody by curator.

202.

Accounts to be filed by curator.

203.

Inspection of accounts and right of interested party to keep duplicate.

204.

Bar to appointment of second curator for same property.

205.

Limitation of time for application for curator.

206.

Bar to enforcement of Part against public settlement or legal directions by deceased.

207.

Court of Wards to be made curator in case of minors having property subject to its jurisdiction.

208.

Saving of right to bring suit.

209.

Effect of decision of summary proceeding.

210.

Appointment of public curators.

PART VIII

Representative Title to Property of Deceased on Succession.

211.

Character and property of executor or administrator as such.

212.

Right to intestates property.

213.

Right as executor or legatee when established.

214.

Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons.

215.

Effect on certificate of subsequent probate or letters of administration.

216.

Grantee of probate or administration alone to sue, etc., until same revoked.

PART IX

Probate, Letters of Administration and Administration of Assets of Deceased.

217.

Application of Part.

CHAPTER I

OF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION.

218.

To whom administration may be granted, where de­ceased is a Hindu, Muhammadan, Buddhist, Sikh, Jaina or exempted person.

219.

Where deceased is not a Hindu, Muhammadan, Bud­dhist, Sikh, Jaina or exempted person.

220.

Effect of letters of administration.

221.

Acts not validated by administration.

222.

Probate only to appointed executor.

223.

Persons to whom probate cannot be granted.

224.

Grant of probate to several executors simultaneously or at different times.

225.

Separate probate of codicil discovered after grant of probate.

226.

Accrual of representation to surviving executor

227.

Effect of probate.

228.

Administration, with copy annexed, of authenticated copy of will proved abroad.

229.

Grant of administration where executor has not re­nounced.

230.

Form and effect of renunciation of executor ship.

231.

Procedure where executor renounces or fails to accept within time limited.

232.

Grant of administration to universal or residuary legatees.

233.

Right to administration of representative of deceased residuary legatee.

234.

Grant of administration where no executor, nor resi­duary legatee nor representative of such legatee.

235.

Citation before grant of administration to legatee other than universal or residuary.

236.

To whom administration may not be granted.

CHAPTER II

OF LIMITED GRANTS

GRANTS LIMITED IN DURATION

237.

Probate of copy or draft of lost will.

238.

Probate of contents of lost or destroyed will.

239.

Probate of copy where original exists.

240.

Administration until will produced.

Grants for the use and benefit of others having right

241.

Administration, with will annexed, to attorney of absent executor.

242.

Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer.

243.

Administration to attorney of absent person entitled to administer in case of intestacy.

244.

Administration during minority of sole executor or residuary legatee.

245.

Administration during minority of several executors or residuary legatees.

246.

Administration for use and benefit of lunatic or minor.

247.

Administration pendente lite.

Grants for special purposes

248.

Probate limited to purpose specified in will.

249.

Administration, with will annexed, limited to parti­cular purpose.

250.

Administration limited to property in which person has beneficial interest.

251.

Administration limited to suit.

252.

Administration limited to purpose of becoming party to suit to be brought against administrator.

253.

Administration limited to collection and preservation of deceased’s property.

254.

Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration.

Grants with exception

255.

Probate or administration, with will annexed, subject to exception.

256.

Administration with exception.

Grants of the rest

257.

Probate or administration of rest.

Grant of effects unadministered

258.

Grant of effects unadministered.

259.

Rules as to grants of effects unadministered.

260.

Administration when limited grant expired and still some part of estate unadministered.

CHAPTER III

ALTERATION AND REVOCATION OR GRANTS

261.

What errors may be rectified by Court.

262.

Procedure where codicil discovered after grant of administration with v»ill annexed.

263.

Revocation or annulment for just cause.

CHAPTER IV

OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION.

264.

Jurisdicti

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