392. [Repealed.].—
Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and Schedule.
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SCHEDULE I
(See section 28)
TABLE OF CONSANGUINITY
Great
Grandfather’s
Father.
4
Great Great Great
Grandfather. Uncle.
3 5
Great
Grandfather. Uncle.
2
Father Uncle. Great Uncle’s son.
1
THE PERSON
WHOSE
RELATIVES Brother. Cousin-german. Second Cousin.
ARE TO BE
RECKONED.
1
Son of the
Son . Nephew. Cousin-german.
1
Son of the Grandson of
Grandson. Nephew or the Cousin-
Brother’s german.
Grandson.
2
Great
Grandson.
95
1
[ SCHEDULE II
PART I
(See section 54)
(1) Father and mother.
(2)Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as
shall have predeceased the intestate.
(3) Paternal and maternal grandparents.
(4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have
predeceased the intestate.
(5) Paternal and maternal grandparents’ parents.
(6) Paternal and maternal grandparents’ parents’ children and the lineal descendants of such of them
as have predeceased the intestate.
PART II
(See section 55)
(1) Father and mother.
(2) Brothers and sisters (other than half brothers and sisters) and lineal descendants of such of them as
shall have predeceased the intestate.
(3) Paternal and maternal grandparents.
(4) Children of paternal and maternal grandparents and the lineal descendants of such of them as have
predeceased the intestate.
(5) Paternal and maternal grandparents’ parents.
(6) Paternal and maternal 2[grandparent’s parents children] and the lineal descendants of such of them
as have predeceased the intestate.
(7) Half brothers and sisters and the lineal descendants of such of them as have predeceased the
intestate.
(8) Widows of brothers or half brothers and widowers of sisters or half sisters.
(9) Paternal or maternal grandparents children’s widows or widowers.
(10) Widows or widowers of deceased lineal descendants of the intestate who have not married again
before the death of the intestate.]
SCHEDULE III
[See section 57]
PROVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS DESCRIBED IN SECTION57
Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89,
90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 3[117],
119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139,
140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160,
161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181,
182, 183, 184, 185, 186, 187, 188, 189 and 190.
1. Subs. by Act 51 of 1991, s. 7 for the second Schedule.
2. Subs. by Act 30 of 2001, s. 3 and the Second Schedule, for “grandparents’ children” (w.e.f. 3-9-2001).
3. Ins by Act 21 of 1929, s. 14.
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Restrictions and modifications in application of foregoing sections
1. Nothing therein contained shall authorise a testator to bequeath property which he could not have
alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the
application of these sections, he could not deprive them, by will.
2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property
any interest which he could not have created before the first day of September, 1870.
3. Nothing therein contained shall affect any law of adoption or intestate succession,
4. In applying section 70, the words “than by marriage or” shall be omitted.
5. In applying any of the following sections, namely, sections seventy-five, seventy-six, one hundred
and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and
thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred and sixteen to such wills
and codicils, the words “son”, “sons”, “child”, and “children” shall be deemed to include an adopted
child; and the word “grand-children” shall be deemed to include the children, whether adopted or natural-
born, of a child whether adopted or natural-born; and the expression "daughter-in-law" shall be deemed to
include the wife of an adopted son.
97
SCHEDULE IV
[See section 274
(2)]
FORM OF CERTIFICATE
I, A. B., Registrar (or as the case may be) of the High Court of Judicature at(or as the case may be)
hereby certify that on the day of, the HighCourt of Judicatureat (or as the case may be)
granted probate of the will (or letters of administration ofthe estate) of C.D., late of , decreased, to
E.F. of and G.H. of, andthat such probate (or letters) has (or have) effect over all the property of the
deceased throughout 1[India] 2***.
SCHEDULE V
[See section 284
(4)]
FORM OF CAVEAT
Let nothing be done in the matter of, the estate of A. B., late of , deceased, whodied on the
day of at , without notice to C.D.of
SCHEDULE VI
(Seesection 289)
FORM OF PROBATE
I, Judge of the District of [or Delegate appointed for granting probate orletters of administration in
(here insert the limits of the Delegate’s jurisdiction)], hereby make knownthat on the day of in the
year , the last will of , late of , a copy whereof ishereunto annexed, was proved and registered before
me, and that administration of the property andcredits of the said deceased, and in any way concerning his
will was granted to , the executor inthe said will named, he having undertaken to administer the
same, and to make a full and true inventory of the said property and credits and exhibit the same in this
Court within six months from the date of this grant or within such further time as the Court may, from
time to time, appoint, and also to render to this Court a true account of the said property and credits
within one year from the same date, or within such further time as the Court may, from time to time,
appoint.
SCHEDULE VII
(See section 290)
FORM OF LETTERS OF ADMINISTRATION
I, Judge of the District of [or Delegate appointed for granting probate
orletters of administration in (here insert the limits of the Delegate’s jurisdiction)], hereby
makeknown that on the day of letters of administration (with or without the will annexed, as thecase
may be), of the property and credits of , late of ,deceased, were granted to , thefather (or as the
case may be) of the deceased, he having undertaken to administer the same and to make a full and true
inventory of the said property and credits and exhibit the same in this Court, within six months from the
date of this grant or within such further time as the Court may, from time to time, appoint, and also to
render to this Court a true account of the said property and credits within one year from the same date, or
within such further time as the Court may, from time to time, appoint.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the States”.
2. The words “of India” omitted by the A.O. 1950.
98
SCHEDULE VIII
(See section 377)
FORMS OF CERTIFICATE AND EXTENDED CERTIFICATE
In the Court of
To A. B.
Whereas you applied on the day of for a certificate under Part X of the IndianSuccession
Act, 1925, in respect of the following debts and securities, namely:—
Debts
1
Serial [Name] of Amount of debt, Description and date of
Number debtor including interest, on date instrument, if any, by
of application for certificate which the debt is secured
Securities
DESCRIPTION
Serial Distinguishing Name, title or class of security Amount or par value of Market-value of security
Number number or letter of security on date of application for
security certificate
This certificate is accordingly granted to you and empowers you to collect those debts [and] [to receive][interest]
[dividends] [on] [to negotiate] [to transfer] [those securities].
Dated this day of District Judge
In the Court of
On the application of A. B. made to me on the day of , I hereby extend this
certificateto the following debts and securities, namely:—
Debts
Serial Number Name of debtor Amount of debt, including interest, on Description and date of
date of application for extension instrument, if any, by which the
debt is secured
Securities
DESCRIPTION
Serial Number Distinguishing Name, title or class of Amount or par value Market-value of
number or letter of security of security security on date of
security application for
extension
This extension empowers A. B. to collect those debts [and] [to receive] [interest] [dividends] [on] [tonegotiate]
[to transfer] [those securities].
Dated this day of
District Judge.
SCHEDULE IX.—[Enactments repealed.]. Rep. by the Repealing Act, 1927 (12 of 1927), s. 2 and the
Schedule.
1. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “Number”.
99