The Succession Act, 1925

( ACT NO. XXXIX Of 1925 )

1An Act to consolidate the law applicable to intestate and testamentary succession in Bangladesh.

 
WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary succession in Bangladesh; it is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title

2. Definitions

3. Power of Government to exempt any race, sect or tribe from operation of Act

4. Application of Part

5. Law regulating succession to deceased person's immoveable and moveable property respectively

6. One domicile only affects succession to moveables

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 Bangladesh

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

13. Continuance of new domicile

14. Minor's Domicile

15. Domicile acquired by woman on marriage

16. Wife's domicile during marriage

17. Minor's acquisition of new domicile

18. Lunatic's acquisition of new domicile

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

20. Interests and powers not acquired nor lost by marriage

21. Effect of marriage between person domiciled and one not domiciled in Bangladesh

22. Settlement of minor's property in contemplation of marriage

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

29. Application of Part

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

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 widowerDistribution where there are lineal descendants

36. Rules of distribution

37. Where intestate has left child or children only

38. Where intestate has left no child, but grandchild or grand-children

39. Where intestate has left only great grandchildren or remoter lineal descendants

40. Where intestate leaves lineal desendants not all in same degree of kindred to him, and those through whom the more remote are descended are deadDistribution where there are no lineal descendants

Distribution where there are no lineal descendants

41. Rules of distribution where intestate has left no lineal descendants

42. Where intestate's father living

43. Where intestate's father dead but his mother, brothers and sisters living

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

45. Where intestate's father dead and his mother and children of any deceased brother or sister living

46. Where intestate's father dead, but his mother living and no sister, brother, 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

50. General Principles relating to intestate successionc

51. Division of a male intestate's property among his widow, children and parents

52. Division of a female intestate's 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

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

58. General application of Part

59. Person capable of making wills

60. Testamentary guardian

61. Will obtained by fraud, coercion or importunity

62. Will may be revoked or altered

63. Execution of unprivileged wills

64. Incorporation of papers by reference

65. Privileged wills

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

67. Effect of gift to attesting witness

68. Witness not disqualified by interest or by being executor

69. Revocation of will by testator's marriage

70. Revocation of unprivileged will or codicil

71. Effect of obliteration, interlineations or alteration in unprivileged will

72. Revocation of privileged will or codicil

73. Revival of unprivileged will

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. Testator's 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 testator's 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 testator's intention to give distinct shares

108. When lapsed share goes as undisposed of

109. When bequest to testator's child or lineal descendant does not lapse on his death in testator's 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

112. Bequest to person by particular description, who is not in existence at testator's death

113. Bequest to person not in existence at testator's 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 accoumulation

118. Bequest to religious or charitable uses

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

122. Onerous bequests

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

124. Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence

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

126. Bequest upon impossible condition

127. Bequest upon illegal or immoral condition

128. Fulfilment 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 case a 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

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

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

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 testator's 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

150. Demonstrative legacy defined

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

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 testator's 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 testator's death

159. Ademption pro tanto where stock, specially bequeathed, exists in part only at testator's 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 testator's death

164. Change of subject without testator's 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

167. Non-liability of executor to exonerate specific legatees

168. Completion of testator's title to things bequeathed to be at cost of his estate

169. Exoneration of legatee's immoveable property for which land-revenue or rent payable periodically

170. Exoneration of specific legatee's stock in joint stock company

171. Bequest of thing described in general terms

172. Bequest of interest or produce of fund

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

177. Creditor prima facie 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 leagatee

180. Circumstances in which election takes place

181. Devolution of interest relinquished by owner

182. Testator's belief as to his ownership immaterial

183. Bequest for man's 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 testator's representatives may call upon legatee to elect

190. Postponement of election in case of disability

191. Property transferable by gift made in contemplation of death

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 conferrable 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

211. Character and property of executor or administrator as such

212. Right to intestate's 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

217. Application of Part

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

219. Where deceased is not a Hindu, Muslim, 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 executorship

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 lagatee nor representative of such legatee

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

236. To whom administration may not be granted

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

261. What errors may be rectified by Court

262. Procedure where codicil discovered after grant of administration with will annexed

263. Revocation or annulment for just cause

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

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

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

267. District Judge may order person to produce testamentary papers

268. Proceedings of District Judge's Court in relation to probate and administration

269. When and how District Judge to interfere for protection of property

270. When probate or administration may be granted by District Judge

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

272. Probate and letters of administration may be granted by Delegate

273. Conclusiveness of probate or letters of administration

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

275. Conclusiveness of application for probate or administra-tion if properly made and verified

276. Petition for probate

277. In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator

278. Petition for letters of administration

279. Addition to statement in petition, etc., for probate or letters of administration in certain cases

280. Petition for probate, etc., to be signed and verified

281. Verification of petition for probate by one witness to will

282. Punishment for false averment in petition or declaration

283. Powers of District Judge

284. Caveats against grant of probate or administration

Form of caveat

285. After entry of caveat, no proceeding taken on petition until after notice to caveator

286. District Delegate when not to grant probate or administration

287. Power to transmit statement to District Judge in doubtful cases where no contention

288. Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court

289. Grant of probate to be under seal of Court

290. Grant of letters of administration to be under seal of Court

291. Administration-bond

292. Assignment of administration-bond

293. Time for grant of probate and administration

294. Filing of original wills of which probate or administration with will annexed granted

295. Procedure in contentious cases

296. Surrender of revoked probate or letters of administration

297. Payment to executor or administrator before probate or administration revoked

298. Power to refuse letters of administration

299. Appeals from orders of district Judge

300. Concurrent jurisdiction of High Court Division

301. Removal of executor or administrator and provision for successor

302. Directions to executor or administrator

303. Executor of his own wrong

304. Liability of executor of his own wrong

305. In respect of causes of action surviving deceased and debts due at death

306. Demands and rights of action of or against deceased survive to and against executor or administrator

307. Power of executor or administrator to dispose of property

308. General powers of administration

309. Commission or agency charges

310. Purchase by executor or administrator of deceased's property

311. Powers of several executors or administrators exercisable by one

312. Survival of powers on death of one of several executors or administrators

313. Powers of administrator of effects unadministered

314. Powers of administrator during minority

315. Powers of married executrix or administratrix

316. As to deceased's funeral

317. Inventory and account

318. Inventory to include property in any part of Bangladesh in certain cases

319. As to property of, and debts owing to, deceased

320. Expenses to be paid before all debts

321. Expenses to be paid next after such expenses

322. Wages for certain services to be next paid, and then other debts

323. Save as aforesaid, all debts to be paid equally and rateably

324. Application of moveable property to payment of debts where domicile not in Bangladesh

325. Debts to be paid before lgacies

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

327. Abatement of general legacies

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

329. Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses

330. Rateable abatement of specific legacies

331. Legacies treated as general for purpose of abatement

332. Assent necessary to complete legatee's title

333. Effect of executor's assent to specific legacy

334. Conditional assent

335. Assent of executor to his own legacy

336. Effect of executor's assent

337. Executor when to deliver legacies

338. Commencement of annuity when no time fixed by will

339. When annuity, to be paid quarterly or monthly first falls due

340. Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment

341. Investment of sum bequeathed, where legacy, not specific, given for life

342. Investment of general legacy, to be paid at future time: disposal of intermediate interest

343. Procedure when no fund charged with, or appropriated to, annuity

344. Transfer to residuary legatee of contingent bequest

345. Investment of residue bequeathed for life, without direction to invest in particular securities

346. Investment of residue bequeathed for life, with direction to invest in specified securities

347. Time and manner of conversion and investment

348. Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf

349. Legatee's title to produce of specific legacy

350. Residuary legatee's title to produce of residuary fund

351. Interest when no time fixed for payment of general legacy

352. Interest when time fixed

353. Rate of interest

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

355. Interest on sum to be invested to produce annuity

356. Refund of legacy paid under Court's orders

357. No refund if paid under voluntarily

358. Refund when legacy has become due on performance of condition within further time allowed under section 137

359. When each legatee compellable to refund in proportion

360. Distribution of assets

361. Creditor may call upon legatee to refund

362. When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund

363. When unsatisfied legatee must first proceed against executor, if solvent

364. Limit to refunding of one legatee to another

365. Refunding to be without interest

366. Residue after usual payments to be paid to residuary legatee

367. Transfer of assets from Bangladesh, to executor or administrator in country of domicile for distribution

368. Liability of executor or administrator for devastation

369. Liability of executor or administrator for neglect to get any part of property

370. Restriction on grant of certificates under this Part

371. Court having jurisdiction to grant certificate

372. Application for certificate

373. Procedure on application

374. Contents of certificate

375. Requisition of security from grantee of certificate

376. Extension of certificate

377. Forms of certificate and extended certificate

378. Amendment of certificate in respect of powers as to securities

379. Mode of collecting Court-fees on certificates

380. Local extent of certificate

381. Effect of certificate

382. Effect of certificate granted or extended by Bangladesh representative in Foreign State

383. Revocation of certificate

384. Appeal

385. Effect on certificate of previous certificate, probate or letters of administration

386. Validation of certain payments made in good faith to holder of invalid certificate

387. Effect of decisions under this Act, and liability of holder of certificate thereunder

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

389. Surrender of superseded and invalid certificates

390. [Omitted]

391. Saving

392. [Repealed]

Schedule

SCHEDULE