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[Contents]

••'

Succession Act, 1925

SUCCESSION ACT, 1925
CONTENTS
Parti
PRELIMINARY


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1

1
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2

2
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3
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:

sect or tribe in the Province from operation of Act
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"

'

16
17

Part II

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"
5
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"
:
Law regulating succession to deceased person's
immovable and movable property respectively
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One domicile only effects succession to movables

25

7
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25

8
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26

9
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26

10
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26

11
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28

12
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13
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Minor's domicile
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Domicile acquired by woman on marriage
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Wife's domicile during marriage

3i

17
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32

18
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29

•

• •• 3 1

32

2

19
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'
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Interests and powers not acquired nor lost by marriage
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Effect of marriage between persons domiciled and one
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34

22
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Application of Pan
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Kindred or consanguinity
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Lineal Consanguinity
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27
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Persons held for purpose of succession to be similarly
related to deceased
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Mode of computing degrees of kindred
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38

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- 41

PartV
INTESTATE SUCCESSION
Chapter!
PRELIMINARY
29
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'

30
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' • -
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:

43
44

Chapter II
RULES IN CASES OF
INTESTATES OTHERS THAN PARSIS
31
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32
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33
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45
45

[Contents]

Succession Act, 1925

3

33-A
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47

34
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48

35
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49

36
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49

37
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38
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• 50
grand children
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50
lineal descendants
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more remote are descended are dead
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40
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'

49

41
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Where intestate's father living
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Where intestate's father dead, but his mothers and
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Where intestate's father dead and his mother, a brother
or sister, and children of any deceased brother or sister
living
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Where intestate's father dead and his mother and
children of any deceased brother or sister living
...


Where intestate's father dead, but his mother living and
no sister brother, nephew or niece
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Where intestate has left neither lineal descendant, nor
father nor mother
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Where intestate has left neither lineal descendant, nor
parent, nor brother, nor sister
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Children's advancements not brought into hotchpot
...


53

Chapter III
SPECIAL RULES FOR PARSI INTESTATES
50
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56

51
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1925-

[Contents]

52
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widower and children:
•»•
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Division of share of predeceased child of intestate
leaving lineal descendants
...
4
...
of property where intestate leaves no lineal
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55
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lineal descendants nor widow or widower nor a widow
of any lineal descendant
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Division of property where there is iio-relative entitled

60

'

to succeed under the other provisions of this Chapter
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General application of Part
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61
62


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Person capable of making wills
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Testamentary guardian
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Will obtained by fraud, coercion or importunity
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Will may be revoked or altered
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OF THE EXECUTION OF UNPRIVILEGED WILL
Execution of unprivileged wills
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Incorporation of papers by reference
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- Privileged wills
...


77

[Contents]
66
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wills
...
- •

Chapter V
OF THE ATTESTATION,
REVOCATION, "ALTERATION & REVIVAL OF WILLS
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Effect of gift to attesting witness
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Witness not disqualified by interest or by being
executor
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Revocation of will by testator's marriage,

70
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71
...
,

'80
:
...


81

unprivileged will
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Revocation of,privileged will or codicil
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Revival of unprivileged will
...



...
Wording of will
...


•

"

'
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84
,

76
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85

77
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87

78
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...

Extrinsic evidence admissible in cases of patent
ambiguity
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79
...

81
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Meaning of clause to be collected from entire will
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When words may be understood in restricted sense, and
when in sense wider than usual
...


92

84
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No part rejected, if it can be reasonably construed
...


86
...

'

94

87
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94

88
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89
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Words describing subject refer to property answering


...


93

95


...

91
...
general bequest
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92
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Implied gift to objects of power in default of
appointment
...
of particular person without
qualifying terms
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Bequest to "representatives, etc
...


95
...


99

"96
...


99

97
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Effect of words describing a class added to bequest to
...

Bequest to class of persons under general description
only
...


99
...


91
98
:
...
101


...
Words expressing relationship denote only legitimate
relatives or failing such relatives reputed legitimate
...
Rules of construction where will purports to make two
bequests to same person
...
Constitution of residuary legatee
...
103

...
Property to which residuary legatee entitled
...
Time of vesting legacy in general terms
...
In what case legacy lapses
...


107
107


...
Legacy does not lapse if one of two joint legatees dies
before testator
...
Effect of words showing testator's intention to give
distant shares
...
When lapsed share goes as undisposed of
...
When bequest to testator's child or lineal descendant
does not lapse on his death in testator's life-time
...
Bequest to A for benefit of B does not lapse by A's
death
...
Survivorship in case of bequest of described class
...
Bequest to person by particular description, who is not
...


112

113
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113

114
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114

,

115
...

:

in sections 113 and 114
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116
...



...
Effect of direction for accumulation
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Bequest to religious or charitable uses
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Date of vesting of legacy when payment or possession
postponed
...
Date of, vesting when legacy contingent upon specified

123

uncertain event
...
Vesting of interest in bequest to such members of a
class as shall have attained particular age
...
Onerous bequests
...
One of two separate and independent bequests' to same
person may be
...

124
...


126
127

8
125
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Chapter XI
OF CONDITIONAL BEQUESTS
126
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...
Bequest upon illegal or immoral condition
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128
...
131

129
...



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

'
•
"
:
131
...

*
132
...
'


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Original bequest not affected by invalidity of second
...
Beq'uest conditioned that it shall cease to have effect in
case a specified uncertain event shall happen, or not
happen
...
Such condition must not be invalid under section 120
...
Result of legatee rendering impossible or indefinitely
...

137
...

Chapter XII
...
Direction that fund be employed in particular manner
following absolute bequest of same to or for benefit of
any person
...
Direction that the- mode of enjoyment of absolute
bequest is to be restricted to secure specified, benefit for
legatee
...
Bequest of fund for certain purposes some of which
cannot be fulfilled
...
Legatee named as executor cannot take unless he shows

139

intention to act as executor
...
Specific legacy
...

143
...
, in which
invested are described
...
Bequest of stock where testator had, at date of will,
equal for greater amount of stock of same kind
...
Bequest of money, where not payable until part of
testator's property disposed of in certain way
...
When enumerated articles not deemed specifically
...


144
:
...


147
...


144

148: Sale and investment of proceeds of property bequeathed
to two or more persons in succession
...
145

149
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Chapter XV
OF DEMONSTRATIVE LEGACIES
150
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151
...

Chapter XVI
OF ADEMPTION OF LEGACIES
152
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147

153
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148

154
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149

10

Succession Act, 1925

[Contents]

155
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149

156
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...
Order of payment where portion of fund specifically
...

158
...


...
Addition pro tanto where stock, specifically
bequeathed, exists in part only the testator's death
...
Non-ademption of specific bequest of goods described
as connected with certain place, by reason of removaL

151
•
151

...
When removal of thing bequeathed does not constitute
...

•
162
...


162

163
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153

164
...


154

165
...

166
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belonging to testator at his death
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Non-Liability to exonerate specific legacies;

155

168
...
of his estate
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Exoneration of legatee's immovable property for which •
land-revenue or rent payable periodically
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Exoneration of specific legatee's stock-in joint stock
company
...
Bequests of things described in general terms
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Bequest of interest or produce of fund
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Annuity created by will payable for life only unless
contrary intention appears by
...

:


...
Period of yesfing
...
: 160
provided out of proceeds of property, or out of
property generally, or where money bequeathed to be
invested in annuity
...
Abatement of annuity
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...
160

176
...

•

160

177
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161


...
Child prima facie entitled to legacy as well as portion
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No ademption by subsequent provision for legatee
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161
162

Chapter XXII
OF ELECTION
180
...

181
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163
165

182
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165

183
...

184
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166

185

167

Person taking individual capacity under will may in
other character elect to take in opposition
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Exception to provisions of last six sections
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When acceptance of benefit given by will

...
•

...

189
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...
Postponement of election in case of disability
...
,


...
,

169

*"•-'

Part VII
PROTECTION OF PROPERTY OF DECEASED
192
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Person claiming right by succession to property of ;
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Inquiry made by Judge
...
- 172

194
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195
...
173

:


...

196
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'

197
...

198
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Report from Collector where estate includes revenue

176

paying land
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Institution and defence of suits
...

202
...

204
...


176

Allowance to apparent owners pending custody by
176
curator
...


...

Bar to appointment of second curator for same
...
177
property
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Limitation of time for application by curator
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Bar to enforcement of part against Public Settlement or
legal direction by deceased
...
Court of Wards to be made curator in case of minors

...


179

208
...


179

,

209
...

; 210
...

Part VIII

180

REPRESENTATIVE TITLE TO
PROPERTY OF DECEASED ON SUCCESSION
...
Character and property of executor or administrator as
such
...


...
Right to intestate's property
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Right as executor or legatee when established
...
184

214
...

•
215
...
189
administration
...
' •
216
...

190
until same revoked
...

Part IX
PROBATE, LETTERS OF ADMINISTRATION
AND ADMINISTRATION OF ASSETS OF DECEASED
217
...


191
Chapter I

OF GRANT OF PROBATE
AND LETTERS OF ADMINISTRATION
218
...
Sikh
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193

219
...


196

•

-

14

•


...
Effect of letters of administration
...
198

221
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...
Probate only to appointed executor
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Persons to whom probate cannot be granted
...


199

224
...

at different times
...
Separate probate of codicil discovered after grant of
probate
...

226
...

227
...



...

232
...

234
...

236
...

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

Right to administration of representative of
deceased residuary legatee
...

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


200
...
200
-

200

228
...

'
...
Grant of administration where executor has not

...

230
...
202
,•*••••

204

•••••

204

•
i
••••••

205
208

...
Probate of copy or draft of lost will
...
Probate of contents of lost or destroyed will
...
Probate of copy original exists
...
Administration until will produced
...
Administration with will annexed, to attorney of absent
executor
242
...


210
211

...
Administration to attorney of absent person entitled to
administer in case of intestacy
...
Administration during minority of sole executor or
residuary legatee
...
Administration during minority of several executors or
residuary legatees
...
Administration for use and benefit of lunatic or minor

212

247
...


213


...
Probate limited to purpose specified in will
...
Administration, with will annexed, to particular
purpose
...
Administration limited to property in which person has
beneficial interest
...
Administration limited to suit
...
Administration limited to purpose of becoming part to
suit to be brought against administrator
...
Administration limited to collection and preservation of

...


215

254
...


215
216

Grants With Exception
255
...

256
...


216
217

Grants of the Rest
257
...


*

217

Grant of Effects Unadministered
258
...


217

'

16

'

•

'

'

•

-

•

'


...

260
...


...
What errors may be rectified by Court
...
Procedure where codicil discovered after grant of
administration with will annexed
...
Revocation or annulment for just cause
...
219

...


Jurisdiction of District Judge in granting and revoking
probates, etc
...


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


District Judge's powers as to grant of probate and
...


224

267
...


225

268
...

probate and administration
...


When and how District Judge to'interfere for protection
...


227

270
...
by
District Judge
...


Disposal of application made to Judge of district in
which deceased had no fixed
...


229

272
...


230

273
...


Transmission to High Court of certificate of grants
under proviso to section 273
...


order

•

[Contents] f

to

produce

[Contents]


...
Collusiveness of application for probate
administration if properly made and verified
...
Petition for probate

or

232

,

233

277
...
Petition for letters of administration
...
Addition to statement in petition, etc, for probate or

244

letters of administration in certain cases
...


280
...



...
245

281
...
245

will
...
/ • " •

282
...


for

false

...
Powers of District Judge
...
Caveats against grant of probate or administration
...
'After entry of caveat no proceeding taken on petition
until after notice to caveator
...
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 or letters of administration
should be refused in his Court
...
Grant of probate to be under seal of Court
...
Grant of letters of administration to be under seal of
Court
...
- Administration bond
...
Assignment of administration borid
...
Time for grant of probate and administration
...
Filing

of

original

wills

of

which

probate

or

253

administration with will annexed granted
...
Procedure in contention cases
...
296
...
revoked
administration
...
Payment to executor or administrator before probate or
administration revoked
...
Powers to executor or administration
...
Appeals from orders of District Judge
...
Concurrent jurisdiction of High Court
...
256

301
...

302
...

•

:
...
Executor of his own wrong
...


304
...


259

...


OF THE POWERS OF AN
EXECUTOR OR ADMINISTRATOR

305
...

•

262
•

306
...


262

307
...


265

308
...


267

309
...


268

310
...

311
...
administrators
exercisable by one
...
Survival of powers on death of one of several executors
or administrators
...
Power of administrator of effects unadministered
...
Power of administrator during minority
...
Power of married executrix or administratrix
...
As to deceased's funeral
...


271

318
...


•

319
...
owing to deceased
...
Expenses to be paid before all debts
...
Expenses to be paid next after such expenses
...
Wages for certain services to be next,paid, and then
other debts
...
Save as aforesaid, all debts to be paid equally and
rateably
...
Application of movable property to payment of debts
where domicile not in Pakistan
...
Debts to be paid before legacies
...
Executor or administrator not bound to pay legacies

275

without indemnity
...
Abatement of general legacies
...
275

328
...

329
...


275
275

330
...



...
Legacies treated as general for purpose of abatement

276

Chapter VIII
OF ASSENT TO A LEGACY
BY EXECUTOR OR ADMINISTRATOR
332
...


276

333
...


277

334
...

335
...


,

279
280

20

Succession Act, 1925

[Contents]

336
...

337
...


'


...
281

Chapter IX
OF THE PAYMENT AND
APPORTIONMENT OF ANNUITIES
338
...


'
...
When annuity, to be paid quarterly or monthly, first

...


281

•340
...

directed to be made within a given time or on a day"
certain: death of annuitant before date of payment
...
Investment of sum bequeathed, where legacy, not
...


...
Investment of general legacy, to be paid at future time:
disposal of intermediate interest
...
Procedure when no fund charged with, or appropriated
to annuity
...
•
- •


...
Transfer to residuary legatee of contingent bequest
...
Investment
direction to
346
...



...
:

of residue bequeathed for life, without
invest in particular securities
...


'
...

284

347
...


284

348
...


Chapter XI
OF THE PRODUCE AND INTEREST OF LEGACIES
'349
...

350
...



...
285

...
Interest when no
...
Interest when time

fixed
...
Rate of Interest
...
287


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


288
*
288

Chapter XII

OF THE REFUNDING LEGACIES
356
...

357
...


288
•

••

358
...

condition within further time allowed under section
137
...
289

• " • • '

359
...
Distribution of assets
...
289

361
...


290

362
...

363
...


290 •

364
...
refunding of one legatee to another
...
Refunding to be without interest
...
291
291

366
...

367
...

Chapter XIII
OF THE LIABILITY OF AN
EXECUTOR OR ADMINISTRATOR FOR DEVASTATION
368
...
Liability of executor or administrator, for neglect to get
any part of property
...
Restriction on grant'of certificates under this Part
...
293

371
...



...
Application for Certificate
...
303

373
...


312

374
...


319

375
...



...
Extension of certificate
...
323

377
...



...
Amendment of certificate in respect of powers^ as to


...
324

securities
...
Mode of collecting court-fees on certificates
...
Local extent of certificate
...
Effect of certificate
...
Effect of certificate granted or extended by Pakistan's

327

representative in Foreign State
...
Revocation of certificate
...
Appeal,


...


330

385
...

386
...

387
...

388
...
inferior Courts with jurisdiction
District Court for purposes of this Act
...
334
to

335

of

335

of

336

389
...


338

390
...


Part XI

MISCELLANEOUS
391
...
Nothing in Part VIII, IX or X shall :-

339

[Contents]

Succession Act, 1925

23

392
...


'

'

Schedule II -

,

Schedule III
Schedule IV ; -


...
„ 342

'
...
343

Schedule V

-

343

Schedule VI

343

Schedule VII

344

Schedule VIII

344

Schedule IX


...
Estates Regulation, 1827
...



...



...


360

The High Court Rules and Orders

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