old age, mental i llness, or physical, learning, psychosocial or other disability, or for other special reason. (2) All the words and phrases not defined in this Act shall have the same meaning as assigned to them in the Penal Code and the Code. 3. Domestic Violence. — Domestic Violence shall mean all acts of physical, psychological and sexual abuse, other than the offence defined under Pakistan Penal Code or any other law, committed by a respondent against women, men, transgender, children, vulnerable persons, or any oth er person with whom the respondent is or has been in a domestic relationship that causes fear, physical or psychological harm to the aggrieved person. Explanation I.— For the purposes of this section:- (a) if an offence falling under Penal Code is committ ed in a domestic relationship the offences shall be punishable as provided under the Penal Code and shall be tried by the court of competent jurisdiction; (b) “physical abuse” means all acts whereby physical harm is inflicted upon the vulnerable persons a nd includes all offences under chapters XVI, XVI A, XVII, XX, XXA of the Penal Code. 217 (4) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I (c) “psychological and verbal abuse”, is where the aggrieved individual suffers from a pattern of degrading or humiliating conduct of the respondent and includes but not limited to:- (i) repeated exhibition of obsessive jealousy causing repeated invasion of the victim ’s privacy, liberty, integrity and security; (ii) insults or ridicule


not limited to:- (i) repeated exhibition of obsessive jealousy causing repeated invasion of the victim ’s privacy, liberty, integrity and security; (ii) insults or ridicule directed at the aggrieved person; (iii) threats to cause physical pain to spouse or othe r members of shared household; (iv) threats of divorce or second marriage on baseless accusation of insanity or infertility; (v) bringing false allegation upon the character of a female member or any member of the shared household; (vi) willful or negligent abandonment of the aggrieved person; (vii) stalking; (viii) harassment; and (ix) compelling the wife to cohabit with anybody other than the husband; and (d) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or oth erwise violates the dignity of the vulnerable person or any other person. Explanation II. — For the purposes of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration. 4. Punishment.— (1) If the offence does not fall under the Penal Code, the act of domestic violence shall be punishable with simple imprisonment of a maximum period of three years and not less than six months depending on the gravity of the act of domestic violence committed, and a fine of one hundred - thousand Rupees and minimum of twenty -thousand Rupees shall also be paid as compensation to the aggrieved person. (2) In default of paym ent of fine,

The Domestic Violence Prevention and Protection Act 2026


Rupees and minimum of twenty -thousand Rupees shall also be paid as compensation to the aggrieved person. (2) In default of paym ent of fine, the court may award simple imprisonment of three months. (3) Whoever aids or abets the commission of an offence of domestic violence shall be punished with the same punishment provided for the offence. 5. Petition to the Court. — (1) An aggri eved person or any other person authorized by the aggrieved person, through a Protection Officer, may present a petition to the Court within whose jurisdiction; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (5) (a) the aggrieved resides or carries on business; and (b) the place where the respondent and aggrieved person last resided together. (2) The court shall fix the first date of hearing, which shall not exceed seven days from the date of the receipt of the petition by the court. (3) Upon receipt of the petition, the court shall, with or without is suing an interim order, issue a notice upon the person complained against and call upon him or her to show cause within seven days of receipt of notice as to why a protection order shall not be made against him or her for committing an act of domestic violence as alleged in the petition. (4) The petition made under sub -section (1) shall be decided within a period of ninety days and any adjournment shall be granted for reasons to be recorded in writing


sub -section (1) shall be decided within a period of ninety days and any adjournment shall be granted for reasons to be recorded in writing by the Court. 6. Right to reside in a household. — (1) Notwithstanding anything contained in any other law for the time being in force, the aggrieved person, shall have the right to reside in the shared household, whether or not the aggrieved person has any right, title or beneficial interest in the same. (2) The aggrieved person may choose to reside in the house or in a shelter home arranged by any service provider. 7. Power to grant interim order. — (1) In any proceeding under this Act, the court may pass such interim order at any time and stage of the petition as it deems just and proper. (2) If the court is s atisfied that a petition prima facie discloses that the respondent has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, it may issue order on the basis of an affidavit of the aggrieved person or any other evidence or material, before the court as provided under sections 8, 9, and 10 against the respondent. 8. Protection orders and residence orders.— (1) The court on being satisfied that prima facie domestic violence has taken place or is likely to take place may pass a protection order in favour of the aggrieved person and direct the respondent,— (a)


has taken place or is likely to take place may pass a protection order in favour of the aggrieved person and direct the respondent,— (a) not to commit any further act of domestic violence., (b) not to have an y communication in any form or manner including personal, oral or written, electronic or telephonic or cellular with the aggrieved person, with or without exceptions; (c) to stay away from the aggrieved person, with or without exceptions; 217 (6) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I (d) to stay at such distance from the aggrieved person as may, keeping in view the peculiar facts and circumstances of the case, as determined by the Court; and (e) to move out of the house in case of an act of grave violence if the life, dignity or reputation of the aggrieved person is in danger. (2) In addition to the order under sub-section (1) or otherwise, the court on being satisfied that domestic violence has taken place may pass an order: (a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the household; and (b) restraining the respondent or any of his or her relatives from entering the household; (3) The court may pass any other direction which it may deem reasonable to protect and provide for the safety of the aggrieved person or any child of such aggrieved person. (4) The court may require from the respondent to execute a


for the safety of the aggrieved person or any child of such aggrieved person. (4) The court may require from the respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. (5) While making an orde r under sub-sections (1), (2) or (3), the court may also pass an order directing the officer in charge of the nearest police station to give protection to the aggrieved person or to assist the aggrieved person or the person making an application on his or her behalf in the implementation of the order. (6) While making an order under sub-section (2), the court may impose on the respondent obligations relating to the discharge of rent or other payments, having regards to the financial needs and resources of the parties. (7) The court may direct the officer in charge of the police station in whose jurisdiction the court has been approached to assist in the implementation of the protection order. (8) The court may direct the respondent to return to the posses sion of the aggrieved person any property, valuables or documents to which the aggrieved person is entitled. (9) The court shall in all cases where it has passed any order under this section, order that a copy of such order, shall be given to the parties, the officer in charge of the police station in the jurisdiction of which the court has been approached as well as to the service provider located within the local limits


the police station in the jurisdiction of which the court has been approached as well as to the service provider located within the local limits of the jurisdiction of the court. 9. Monetary relief. — (1 ) The court may, at any st age of the trial, may pass interim order directing the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (7) of the aggrieved person as a result of the domestic violence and such relief ma y include, but is not limited to- (a) compensation for suffering as a consequence of economic abuse to be determined by the court; (b) loss of earning; (c) medical expense; (d) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (e) the maintenance for the aggrieved person as well as children, if any, including an order under or in addition to an order of maintenance under any law for the time being in force. (2) The respondent shall pay monetary relief granted to the aggrieved person within the period specified in the order made under sub-section (1). (3) Upon failure on part of the respondent to make payment in terms of the order under sub -section (2), the court may direct an emplo yer or debtor, of the respondent, to directly pay the aggrieved person or to deposit


under sub -section (2), the court may direct an emplo yer or debtor, of the respondent, to directly pay the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payab le by the respondent. 10. Custody orders. — Notwithstanding anything in any law for the time being in force, the court may, at any stage of the petition for protection order or for any other relief under this Act, grant temporary custody of an aggrieved person to an appropriate person or authority: Provided that if the aggrieved person is a child then an appropriate person or service provider shall be determined by the Court as per the Guardians and Wards Act 1890 (VIII of 1890): Provided further that if the aggrieved person is an adult then the custody shall be granted to a service provider or some other person to any person or service provider in accordance with the will of the aggrieved person. 11. Duration and alteration of interim, protection and res idence orders.— (1) The interim order made under section 7, the protection order made under section 8 and the custody order under section 10 shall remain in force until the aggrieved person applies for discharge of such order. (2) If the court on receipt of an application at any stage from the aggrieved person or the respondent is satisfied that


of such order. (2) If the court on receipt of an application at any stage from the aggrieved person or the respondent is satisfied that there is a change in the circumstance requiring alteration, modification or recalling of any order made under this Act, it may, for reasons to be recorded in writi ng pass such order, as it may deem appropriate. (3) The residence order shall remain in force till altered by the court. 217 (8) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I (4) Nothing contained in sub -sections (1) and (2) shall prevent an aggrieved person from making a fresh application after the previou s order has been discharged. 12. Penalty for breach of an interim or protection order etc. by the respondent.— (1) A breach of protection order, or of the interim order or of the residence order, or of a custody order by the respondent shall be an offence and shall be punishable with imprisonment of one year and with fine of one hundred thousand Rupees which shall be paid to the aggrieved person. (2) Notwithstanding anything contained in the Code, the offence under this section shall be cognizable, bailable and compoundable. 13. Appeal.— (1) Any person aggrieved by order of the court under section 12 may file an appeal to the court of sessions within thirty days of the passing of the order of sentence and the Court of sessions shall decide the appeal within sixty days. (2) Any person aggrieved by


of the passing of the order of sentence and the Court of sessions shall decide the appeal within sixty days. (2) Any person aggrieved by the final decision of the Court may, within ten days of the final Judgment or order of the Court prefer an appeal to the Court of sessions. 14. Procedure.— (1) All proceedings under this Act shall be governed by the Family Courts Act, 1964. (2) Notwithstanding anything contained in sub -section (1) the Court may, for reasons to be recorded, proceed under the Code. 15. Protection Committee. — (1) The Division concerned shall, by notification in the official Ga zette, constitute a Protection Committee for the purposes of this Act within three months of the passage of the Act. (2) A Protection Committee shall comprise of a representative of the Family Protection and rehabilitation center a representative of the N ational Commission on the Status of Women, a medical doctor or psychologist or psycho-social worker, a law officer, and a police officer not below the rank of Inspector, preferably female, or any other officer (s) designate by the Ministry of Human Rights as may be prescribed by the rules and a Protection Officer who shall also act as the Secretary of the Protection Committee. (3) One half of the total members of the Protection Committee shall constitute the quorum. 16. Duties and functions of Protection Committee.— The Protection Committee may:- (a) inform the aggrieved person of his / her rights provided under this Act or


Duties and functions of Protection Committee.— The Protection Committee may:- (a) inform the aggrieved person of his / her rights provided under this Act or any other law for the time being in force and the remedies and the help that may be provided; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (9) (b) assist the aggrieved person in obt aining any medical treatment necessitated due to the domestic violence; (c) if necessary, and with the consent of the aggrieved person, assist the aggrieved person in relocating to a safer place acceptable to the aggrieved person, which may include the ho use of any relative or family friend or other safe place; (d) assist the aggrieved person, by assigning the Protection Officer, in the preparation of and filing of any petition or report under this Act, the Code or any other law for the time being in forc e, after proper examination and assessment of the case; (e) keep official record of the incidents of domestic violence in its area of jurisdiction; (f) maintain record of the names and contact details of the service provider from whom the aggrieved pers on may seek further help and assistance including shelter; (g) Perform such other duties that may be assigned to the Protection Committee under this Act or the rules made there under. 17. Powers, privileges and immunities of Protection Committee. — (1) T he members of the Protection Committee shall be deemed to the public servant within the


Powers, privileges and immunities of Protection Committee. — (1) T he members of the Protection Committee shall be deemed to the public servant within the meaning of Section 21 of the Pakistan Penal Code (Act XLV of 1860). (2) The Protection Committee shall be housed in the Family Protection and Rehabilitation centre fo r Women or any other such centre as notified by the under the Division concerned. (3) The Division concerned shall provide a Secretariat, under the Shaheed Benazir Bhutto Centre for Women, as well as necessary staff supported by a budget required for the establishment and functioning of the Secretariat. 18. Delegation of functions and powers.— The Protection Committee may delegate any of its functions and powers to any of its member or members. 19. Protection Officer. — (1) The Division concerned shall, b y notification in the official Gazette, designate a team of Protection Officers, one male and one female for the purposes of this Act Protection Officers are to be appointed in the prescribed manner within one month of the framing of the rules pursuant to section 24 of this Act. (2) The Secretariat of the Protection Committee shall provide support to the Protection Officer in exercising its functions. (3) The Protection Officers shall assist the Protection Committee and the aggrieved person in accordance with provisions of this Act. 217 (10) THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I 20. Duties of Protection Officer. — It shall be the duty of the Protection Officer;


THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 [PART I 20. Duties of Protection Officer. — It shall be the duty of the Protection Officer; (a) to file an application for obtaining a protection order under section 9, if so desired by the aggrieved person; (b) to make a domestic incident report to the Protection Committee, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence; (c) to make an application in such form and in such manner as may be prescribed to the court, if the aggri eved person so desires, claiming relief for issuance of a protection order; (d) to ensure that the aggrieved person is provided legal aid; (e) to maintain a list of all service providers providing legal aid or counseling, shelter homes and medical facili ties in a local area within the jurisdiction of the court; (f) to make available a safe place of residence, if the aggrieved person so requires and forward a copy of his report of having lodged the aggrieved person in a shelter home to the Protection Committee; (g) to get the aggrieved person medically examined, if the person has sustained bodily injuries and forward a copy of the medical report to the Protection Committee; (h) to ensure that the order for monetary relief under section 10 is complied wit h and executed in accordance with the procedure prescribed; and (i) to perform such other duties as may be assigned to him


is complied wit h and executed in accordance with the procedure prescribed; and (i) to perform such other duties as may be assigned to him by the Protection Committee. 21. Service Providers. — (1) In any proceeding under this Act, the court or the Protection Committee may engage the services of a service provider. (2) Service provider shall have all the privileges and immunities enjoyed by the Protection Committee. (3) A service provider shall have the power to;- (a) record the domestic incident in a prescribed form i f the aggrieved person so desires and forward a copy thereof to the Protection Officer having jurisdiction in the area where the domestic violence took place; (b) get the aggrieved person medically examined and forward a copy of the medical report to the Protection Officer within the local limits of which the domestic violence took place; PART I] THE GAZETTE OF PAKISTAN, EXTRA., JAN. 27, 2026 217 (11) (c) ensure that the aggrieved person is provided shelter in a safe place of residence, if he or she so requires and forward a report of the lodging of the aggrieved pers on in a safe place of residence to the Protection officer within the local limits of the place where the domestic violence took place; and (d) provide the aggrieved person with any aid or assistance if he or she may so require. 22. Protection of actions taken in good faith. — No suit, prosecution or other legal proceedings shall lie against any


or she may so require. 22. Protection of actions taken in good faith. — No suit, prosecution or other legal proceedings shall lie against any Protection Committee, Protection Officer or service provider for anything which is done in good faith or purported to be done under this Act. 23. Act not in deroga tion of any other law. — The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force. 24. Power to make rules.— The Federal Government may make rules for carrying out the purposes of this Act. 25. Removal of difficulties. — If any difficulty arises in the implementation of the provision of this Act, the Federal Government may, on recommendation of the Ministry of Human Rights or otherwise, give appropriate directions to remove such difficulty. SAEED AHMAD MAITLA, Acting Secretary. _________________________________________________________________ PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRESS, ISLAMABAD. PUBLISHED BY THE DEPUTY CONTROLLER, STATIONERY & FORMS, UNIVERSITY ROAD, KARACHI.


354 THE GAZETTE OF PAKISTAN, EXTRA., JUNE 15, 1976 [PART I (b) a creditor of an industrial undertaking referred to in clause (a) may repatriate foreign currency Ioans approved by the Federal Govern ment and interest thereon in accordance with the terms and condi tions of the said loan : Provided, that nothing in this section shall affect the terms of One permission to make such investment granted to a foreign investor before the commencement of this Act. 7. Remittances by foreign employees.—Foreign nationals employed with the approval of the Federal Government in any industrial undertaking having foreign private investment may make remittances lor the maintenance of their dependents in accordance with the rules, regulations or orders issued by the Federal Govern ment or the State Bank of Pakistan. foreign private investment as may be admissible under any law for the tune being in force. (2) Foreign private investment shall not be subject to other or more burden some taxes on income than the applicable to investment made in similar cir cumstances by citizens of Pakistan. (3) Foreign private investment shall be allowed all the tax concessions which may be admissible on the basis of any agreement for avoidance of double taxation which the Government of Pakistan may have entered into with the Government of the country of origin of such iuvestmcni. 9. Equal treatment.—Industrial undertakings having foreign private invest ment shall be accorded the same treatment as is accorded to similar industrial undertakings having no such investment in the

The Dowry and Bridal Gifts Restriction Act 1976


undertakings having foreign private invest ment shall be accorded the same treatment as is accorded to similar industrial undertakings having no such investment in the application of laws, rules and regulations relating to importation and exportation of goods. 10. Removal of difficulties.—If any difficulty arises in giving effect to any provisions of this Act, the Federal Government may make such order, not inconsistent with the provisions of this Act, as may appear to it to be necessary for the purpose of removing the difficulty : Provided that no such power shall be exercised after the expiry of one year from the commencement of this Act. 11. Power to make rules.—The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act, and such rules may, among other matters, provide for the employment of Pakistani and foreign nationals in industrial undertakings having foreign private investment. 12. Repeal. The Foreign Private Investment (Promotion and Protection) Ordinace, 1976 (XIV of 1976), is hereby repealed. ACT No. XLIII or 1976 Au Act to provide for restrictions on dowry and bridal gifts WHEREAS it is expedient to provide for restrictions on dowry and bridal gifts and for matters connected therewith or ancillary thereto ; It is hereby enacted as follows :— I. Short title, extent and eommencement.—(I) This Act may be called the Dowry and Bridal Gifts (Restriction) Act, 1976. 8. Tax concession and avoidance of double taxation.—(1) The Federal Government may allow such concessions to industrial


the Dowry and Bridal Gifts (Restriction) Act, 1976. 8. Tax concession and avoidance of double taxation.—(1) The Federal Government may allow such concessions to industrial undertakings having PART I] THE GAZETTE OF PAKISTAN, EXTRA., JUNE 15, 1976 ?55 (2) It extends to the whole of Pakistan and applies to all citizens of Pakistan (3) It shall come into force at once. 2. Definitions. In this Act. unless there is anything repugnant in the subject or context,— (a) “ bridal gift “ means any property given as a gift before, at or after the marriage, either directly or indirectly, by the bridegroom or his parents to the bride in connection with the marriage but does not inciude Mehr; (b) “ dowry ” means any property given before, at or after the marriage, either directly or indirectly, to the bride by her parents in connection with the marriage but it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her ; (c) “ marriage ” includes betrothal, nikah and rukhsati: (d) “parents’" includes the guardian of a party to a marriage and any person who provides dowry or bridal gifts and, in the case of a party to a marriage who has no parent, or whose marriage is solem nized in circumstances in which, or at a place at which, no parent is present, such party ; (e) “present” means a gift of any property, not being a bridal gift or dowry, given


at which, no parent is present, such party ; (e) “present” means a gift of any property, not being a bridal gift or dowry, given before, at or after the marriage, either directly or in directly, to either party to a marriage in connection with the marriage or to the relatives of the bride or bridegroom but does not include neundra and salami ; (f) “ property ” means property, both moveable and immoveable, and includes any valuable security as defined in the Pakistan Penal Code (Act XLI of 1860); and (g) “ Registrar ” means a Nikah Registrar licensed under the Muslim Family Laws Ordinance, 1961 (VIII of 1961), and such other person as may be designated from time to time to perform the functions of the Registrar. 3. Restriction on dowry, presents and bridal gifts.—(1) Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees : Explanation.—The ceiling of five thousand rupees specified in this sub section does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given. (2) No dowry, bridal gifts or presents may be given before or after six months of nikah, and, if rukhsati takes place some time after nikah. after six months of such rukhsati. 356 THE GAZETTE OF PAKISTAN. EXTRA., JUNE 15, 1976 [PART I


if rukhsati takes place some time after nikah. after six months of such rukhsati. 356 THE GAZETTE OF PAKISTAN. EXTRA., JUNE 15, 1976 [PART I Provided that the limit of one hundred shall not apply to the presents given to the bridegroom by the parents of the bride under sub-section of section 3 : Provided further that the President, the Prime Minister, Federal Minister, Chief Minister, Minister, Minister of State, Adviser, Governor, Speaker, Deputy Speaker, the Chairman or the Deputy Chairman of the Senate, Parliamentary Secretary, Member of the Senate, National Assembly or Provincial Assembly, Government servant or an official serving in any corporation, industry or establish ment owned, controlled or managed by Government shall not receive any present in connection with his marriage or the marriage of his son or daughter except from his relations (khandan) : Provided further that this restriction shall not apply to a Government servant or official serving in the scale below National Pay Scale 17 not exercis ing in any manner judicial, revenue or executive authority. 5. Vesting of dowry etc., in the bride.—All property given as dowry to bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however derived shall hereafter not be restric tive, conditional or limited. 6. Expenditure on marriage.—The total expenditure on a marriage, exclu ding the value of dowry, bride gifts and presents, but including the expenses on mendhi, barat and valinia, incurred by or


on a marriage, exclu ding the value of dowry, bride gifts and presents, but including the expenses on mendhi, barat and valinia, incurred by or on behalf of either party to the marriage shall not exceed two thousand and five hundred rupees. 7. Display of dowry, etc.—The parents of each party to a marriage shall, at the time of rukhsati, display all items of dowry, bridal gifts and presents given or received in connection with the marriage so as to be visible to the person attending the rukhsati. 8. Lists of dowry, etc. to be furnished to Registrar.—(1) The parents of each party to a marriage shall fiurnish to the Registrar lists of dowry, bridal gifts and presents given or received in connection with the marriage. (2) The lists referred to in sub-section (1) shall be furnished,— (a) in the case of properly given or accepted before or at the time of the marriage, at the time of the marriage ; and (b) in the case of property given or accepted after the marriage, within fifteen days of its being given or accepted. (3) The lists referred to in sub-section (1) shall— (a) contain details of the proprty alongwith the value thereof; and 4. Restriction on presents.—No person shall give to either party to the marriage any present the value of which exceeds one hundred rupees ; I’AKT 1] THE GAZETTE Of PAKISTAN. EXTRA, JUNE 15, 1976 357 (b) be signed or thumb-marked by the persons furnishing them to the


rupees ; I’AKT 1] THE GAZETTE Of PAKISTAN. EXTRA, JUNE 15, 1976 357 (b) be signed or thumb-marked by the persons furnishing them to the Registrar and attested by at least two witnesses. (4) The parents of each party to a marriage shall furnish to the Registrar the details of expenditure incurred on the marriage, duly signed or thumb marked by them within one week. (5) The Registrar shall forward the lists furnished under sub-section (1) and the details of expenditure submitted under sub-section (4) to the Deputy Commissioner within fifteen days of receipt of such list or details of expenditure. with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both, and the dowry, bridal gifts or presents given or accepted in contravention of the pro visions of this Amt shall be forfeited to the Federal Government to be utilized for the marriage of poor girls in such a way as may be prescribed by rules made under this Act: Provided that if both the parents of a party to the marriage contravene, or fail to comply with, any provision of this Act or the rules made thereunder, action under this section shall be taken only against the father: Provided further that if the parent who contravenes, or fails to comply with, any provision of this Act or the rules made thereunder is a female, shall be punishable with fine only. (2) Any


fails to comply with, any provision of this Act or the rules made thereunder is a female, shall be punishable with fine only. (2) Any offence punishable under this Act shall be triable only by a Family Court established under the West Pakistan Family Courts Act, 1964 (W.P. Act- No. XXXV of 1964). (3) No Family Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by, or under the authority of, the Deputy Commissioner within nine months from the date of nikah, and if rukhsati takes place some time after nikah, from the date of such rukhsati. (4) While trying an offence punishable under this Act, a Family Court shall follow the procedure prescribed by the Code of Criminal Procedure, 1898 (Act V of 1898), for the trial of affences by Magistrates. 10. Power to make rules.—The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act. 11. Repeal.—The West Pakistan Dowry (Prohibition on Display) Act, 1967 (West Pakistan Act No. XVI of 1967) and the North-West Frontier Province Dowry Act. 1972 (N.W.F.P. Act No. IX of 1972), are hereby repealed. 9. Penalty and procedure.—-!!) Whoever contravenes, or fails to comply with, any provision of this Act or the rules made thereunder shall be punishable


ett REGISTERED No. L 848, The Gazette of India PUBLISHED BY AUTHORITY. SIMLA, SATURDAY, OCTOBER 10, 1925. ° “(@ Separato paging is given to this Part in ordor that it may be Glod as 2 soparate compilation, PART IV. . Acts of the Indian Legislature assented to by the Governor General. GOVERNMENT OF INDIA. 12, Domicile not nequired by residence as represen- LEGISLATIVE DEPARTMENT ee . fcreign Government, or as part of : is family. 13. Continuance of new domicile. 14, Minor’s domicile. 15. Domicile acquired by woman on marriage. The following Act of the Indian Legislature teceived the ass : the 30th = ; ae - As Governor General on 16. Wife's domicile during marriage. ted ptember 1925, and is hereby promul- 17. Minor’s acquisition of new domicile. gated for general information :— 18, Lunatic’s acquisition of new domicile. . 19. Succession to moveable property in British India Act No. XXXIX or 1925. in absence of proof of domicile elsewhere. THE INDIAN SUCCESSION ACT ——<—<—= io aN £ . PART III. CONTENTS. MARRIAGE, —_———- 90. Interests and powers not acquired nor lost by marriage, . PART I. 21. Effect of marriage between person domiciled and : one not domiciled in British India. Clauses, PRELIMINARY, 99, Settlement of minor's property in contemplation 1. Short title of marriage. . Definitions, , acy of Local Government to exempt any race, PART IV. the Lo Wibo in tho territories administered by Or Consanovrsiry. cal Government from operation of Act. 23. Application of Part.


exempt any race, PART IV. the Lo Wibo in tho territories administered by Or Consanovrsiry. cal Government from operation of Act. 23. Application of Part. ————— a Snaps or ponsengeiaits . Lineal consanguinity. PART II. 26. Collateral consanguinity. . a Or Domtctte. 27, Persons held for purpose of succession to be simi- larly related to deceased. 4, Application of Part ) ; ° 98. Mode of computing of degrecs of kindred. ) itn eating succession to deccased person’s tively and moveable property, respec- * One domici PART V. 1, nec omicite only affects succession to moveables. cvooneston ae of origin of person of legitimate birth. INTESTATE ©U I Ne - Conti” of origin of illegitimate child. Cuaprer I. 1p, guna of domicile of origin. Preliminary. Ns Ge ition af mew domicile. 29, Application of Part. “d eal iti to have Tea mode of acquiring domicile in British 30, meee what property deceased conside Hs2gy ( 69 ) IVa 70 THE GAZETTE OF INDIA, OCTOBER 10, 1926. [ Parr ly ie Cuaprer II. Rules in cases of Intestates olher than Parsis. Olauses. 31. Chapter not to apply to Parsis, 32. Devolution of such property. i lineal des- intestate has left widow and ; * peering or widow and kindred only, or widow and no kindred. 34. Where intestate has left no widow, and where he has Ieft no kindred. 35. Rights of widower. Distrib ttion where there are lineal descendants, 36. Rules of distribution. 37. Whero intestate has left child or


Ieft no kindred. 35. Rights of widower. Distrib ttion where there are lineal descendants, 36. Rules of distribution. 37. Whero intestate has left child or children only. 38. Whero intestate has left no child, but grand- child or grandchildren. 39, Where intestate has left only great-grand-children or remoter lineal descendants. 40. Whero intestate leaves lineal descendants not all in same degree of kindred to him, and thoso through whom the more remote are descended aro dead. 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, & brother or sister, and children of any deccased 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 brother, sister, nephew or niece, 47. Where intestate has left neither lineal descendant, nos father, nor mother, 48. Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister, 49. Children’s advancements not brought into hotehpot, Carrer III, Special Rules for Parsi Inteatates, 5U. Division of Property among widow and chi of intestate, : aiianioen 51. Division of property among widowe i parle ng rand children 62, Division of property amongst the children of male intestate who leaves no widow, 63, Division of Property amongst the chil


parle ng rand children 62, Division of property amongst the children of male intestate who leaves no widow, 63, Division of Property amongst the chil female intestate who leives i widower, Sen of 54. Division of pro-deceased child's share of intestate's property among the wido : i of such child, 8 W or widower and issue 65. Division of property when the intestate leaves a widow or widower but no lineal descendants, 66. Division of property when the intestate leaves neither widow nor widower i ho cendants, , © Hineal des. PART VI, TESTAMENTAny Succerssyoy. Cuavter I Introd uetory. 57. Application of certain rovisi of wills mado by Hindus, a a 58. General application of Part. to a class Carter II, Of Wills and Codicils, Clauses. 69. Person capable of making wills, 60. Testamentary guardian. 61. Will obtained by fraud, coercion or importunity, 62. Will may bo revoked or altered, CaapTer IT. Of the Execution of unprivileged lite, 63. Execution of unprivileged wills. 64. Incorporation of papers by reference, Caarter IV, Of privileged Wills, 65. Privileged wills. 66. Mode of making, and rules for executing, priv. leged 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 testator’s 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 or codicil, 71. Effect of obliteration, interlineation or alteration in unprivileged will. . 72, Revocation of privileged will or codicil, 73. Revival of unprivileged will. Carter VI, Of the Construction of Wille, 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 desoription of subject, 79. When part of description may not be rejeoted a8 erroneous. 80. Extrinsic evidence admissible in cases of patent ambiguity. 81. Extrinsic ovidence inadmissible in case of patest ambiguity or deficiency. 82, Meaning of clauso to be collected from entiro 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 Possible, 88. Tho last of tio inconsistent clauses prevails. 89. Will or bequest void for uncertainty. 0. Words describing subject refer to property ans ing description at testator’s death. 91. Power of apnnoj pers! bedtieal Ppointment executed by ge 92. Implicd gift to objects ¢ i of < objects defaxlt ®ppoint ment, , 7 power aa. Bequest to “ heirs", ete., of particular perso? Without qualifying terms, THE GAZETTE OF INDIA, OCTOBER 10, 1995, 71 sost t0 “ ropresentatives,” ete., of particu- lar persor ds of


of particular perso? Without qualifying terms, THE GAZETTE OF INDIA, OCTOBER 10, 1995, 71 sost t0 “ ropresentatives,” ete., of particu- lar persor ds of limitati Hout words of limitation. 93. Bequ 96. Bequest Effect of wor “to person: nest to class of persons under general descrip- 93. Beau” tion only: 99 Construction of terms.. ressing relationship denote only legi- 100. Words «relatives or failing such relatives roauted legitimate. Rules of construction where will purports to make ih two.bequests to same person. 102. Constitution of residuary Iegatee. 103. Property to which residuary legatee entitled. 104, Time of vesting legacy in general terms, 105. In what case legacy lapses. Legacy docs not lapse if one of two joint legatecs ™ di before testator. 107. Effect of words showing testator’s intention to give distinct shares. 108. When lapsed share goes as undisposed of. joy, When bequest to testator’s child or lineal des- cendant 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. Ill. Survivorship in case of bequest to described class. in alternative. ds describing a class added to bequest r) Cuarter VII, Of void Bequests, 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. I, Rule against. perpetuity. Nb. Bequest to a class some of whom may come under tules in sections 113 and 114. N16. Bequest


prior bequest. I, Rule against. perpetuity. Nb. Bequest to a class some of whom may come under tules in sections 113 and 114. N16. Bequest to take effect on failure of bequest void under section 113, 114 or 115. 17. Effect of direction for accumulation. U8, Bequest to religious or charitable uses. Cnaprer VIII. Of the vesting of Legacies. Ho. yp . aon penne i legacy when payment or posses- 9 . ' Date of vest; Ol vesting when legacy contingent upon §pecified uncertain ei y 8 J 21. Vesti . ae of interest in bequest to such members of #4 08 shall have attained particular age. Ogarrer IX. Of Oncrous Bequests. equests, . On same two separate and independent bequests to fused Person may be accepted, and other re- ® Onerous b * Carrer X. aa Beq Of Contingent Bequests. u . ~ Qo tin, oBtingent upon specified uncertain event, B © being’ mentioned for its occurrence. “ques eurvivin? such of certain persons as shall be & at some period not specified. Cuarrer XI. Of Conditional Bequests. Clauses, 126. Bequest upon impossible condition. 127. Bequest upon illegal or immoral condition, 128, Fulfilment of condition precedent to vesting of legacy. 129, Bane to A and on failure of prior bequest to 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


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 ceaso to have effect in case a specified uncertain ovent shall happen or not happen. 135. Snel condition must not be invalid under section 136. Result of legatco rendering impossible or indefi- nitely 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 timo in case of fraud. CaarTer XII. Of Bequests with Directions as to Application of Enjoy- ment, 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 legatec. 140, Bequest of fund for certain purposes, somo of which cannot be fulfilled. CHapPTer XIII. Of Bequests to an Exceuter. 141. Legatee named as executor cannot take unless he shows intention to act as cxecutor. Coaprer XIV. Of Specific Legacies. 142. Specific legacy defined. 143, Bequest of certain sum where stocks, ete, in which invested are desctibed. 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 disposyd of in certain way. 146. When enumerated articles not deemed specilically


kind. 145. Bequest of money where not payable until part of testator’s property disposyd of in certain way. 146. When enumerated articles not deemed specilically bequeathed, : 147. Retention, in form, of specific bequest to several persons in succession. 148. Sala and investment of proceeds of property bequeathed to two or more persons in stieces- sion. 149. Where deficiency of asscts to pay legacies, specific legacy not to abate with general legacics. _ Carrer XY. Of Demonstrative Legacies. 150, Demonstrative legacy defined. 161. Order of payment when legacy directed to be paid out of fund the subject of specific legacy. Wa2 25 r THE GAZETTE OF INDIA, OCTOBER 10, 1925. EPs . 72 — —— CHAPreR XXI, aa Of Legacies to Creditors and Portionerg, {ion o, : Of Adempti ctiusts, | Cnses. aoneniiinel 177. Sc prima facie entitled to legacy ag Well aj « x EaD : ebt. tion of demonstrative legacy. . . . . 153. Non: ademp ion fo bequest of right to reccive 178. Child prima facie entitled to legacy as wel] 8 nor. 154. Ademption of specific beq tion. something from third party. ot of part Te area nag specail toyuetied, 1" Ltt eral ed i ets poction lina beo lt cally bequeathed. Tots Graly, Deiieatiad to ou lege, anid Vaany h d on samo fund to another, and testator having recoived portion of that fund, remainder insufficient to pay both legacies. 158. Ademption where stock, specifically bequeathed, does not exist at testator’s death, 169. Ademption


recoived portion of that fund, remainder insufficient to pay both legacies. 158. Ademption where stock, specifically bequeathed, does not exist at testator’s death, 169. Ademption pro tanto where stock, specifically beqitathat exista in part only at testator’s death. 160. Non-ademption of specific bequest of goods de- scribed as connected with certain place, by reason of removal. 161. When removal of thing bequeathed docs not constitute ademption. 162. When thing bequeathed is a valuable to be re- ceived by testator from third person ; and testa- tor himself, or his representative, roceives 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 tostator’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, Caaprer XVII. Of the pryment of liabilities in respect of the subject of a . bequest, 167. Non-liability of executor to exonerate specific legatees, . 168. Completion of testator’s title to things bequeath d to bo at cost of his estate, anes ° 169. Exoneration of legatec's immoveable property for ei land revenue or rent payable — periodi- cally, 170, Exoneration of specific legateo’s stock in joint stock company, Cuarren XVII. Of Bequests of things described in General Terms, 171. Bequest of thing described in &eneral terms, Cusrrer XIX, Of Bequests of the J nterest or Produce ofa Fund 172, Bequest of interest or Produce


Bequest of thing described in &eneral terms, Cusrrer XIX, Of Bequests of the J nterest or Produce ofa Fund 172, Bequest of interest or Produce of fund, Cuarten XX. Of Bequests of Annuities, 173. Annuity created by will i payable for lif unless contrary intention apatate by wi Ji4. Period of vesting where will directs that annuit: be provided out of Proceeds of Property, or she of property eencrally or where money bequeath. to be invested in Purchase of annuj nnuity. 175. Abatement of annuity, ” 179. No ademption by subsequent provision for legates CaaPreR AXII, Of Election 180. Circumstances in which election takes place, 181. Dovolution of interest relinquished by owner, 182, Testator’s belief as to his ownership immaterial, 183. Bequest for man's benefit how regarded for Pur. pose of election. . 184. Person deriving benefit indirectly not Put to elec. tion, 185. Person taking in individual capacity under wil} may in other character clect to take in Opposi. tion. 186. Exception to provisions of last six scctions, 187, When acceptance of benefit given by will consti. tutes 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 clection in case of disability, CHarrer XXIII. ® Of Gifts in Contemplation of Death. 191. Property transferable by gift made in contempl- tion of death. PART VII. PRorection or Paorenty or DECEASED. 192. Person claiming right by succession to property of


transferable by gift made in contempl- tion of death. PART VII. PRorection or Paorenty or 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 procecding, 108. Powers conferablo on curator, 197. Prohibition of exercise of certain powers by cura- tors. Payment of debts, ete., to curator. 108. Curator to give security and may receive remu- neration. 199. Report from Collector where estate includes reve nue-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 “ppointment of second curator for $49 Property, 205. Limitatibn of time for app.ication for curater: 206. Bar to enforcement of Part siraj ublie settle gainst p ment or leral directions by deceased. an v] par! oe THE GAZETTE OF INDIA, OCTOBER 10, 1925. 13 ae Se , | to be made curator in caso of a Coutt of Abetee property subject to its jurisdic. ie pinors io y a pind FBO jp right to bring suit. goving OP _— a t of decision ofsummary p . | ee of public curators. a0. 3P —_—__- PART VIII. PERTY OF DEOCE meter and property of cxcoutor or adminis- ail. oeot ag such. oj, Right to intestate’s property. . a Right 98 executor or Iegateo when established. representative


and property of cxcoutor or adminis- ail. oeot ag such. oj, Right to intestate’s property. . a Right 98 executor or Iegateo when established. representative title a condition precedent i ln through the Courts of debts from debtors of deceased persons. a5, Effect on certificate of subsequent probate or oe etters of administration. aj. Grantee of probate or administration alone to gue, etc. until same revoked. PART IX. Prone, LETTENS OF ADMINISTRATION AND ADMINIS- TiTioN OF ASSETS OF DECEASED. 27, Application of Part. Cuaprer 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. 2%). Effect of letters of administration. 21, Acta not validated by administration. *2. Probate only to appointed executor. 3, Persons to whom probate cannot bo granted, 2U. Grant of probate to several executors simul- tancously or at different times. 235, Separate Probate of codicil discovered after grant of probate, 236, 5 Accrual of representation to surviving executor. * Effect of probate, Ss tration with copy annexed of authenti- ¢d copy of will proved abroad. Grant of se ad : tou where executor has not 23, . Fo . "M and effect of renunciation of executorship. Ure where executor renounces or fails to ray) aoe within time limited. is of administration to universal residuary’ €gatees, » Rie’ ie to administration of representative of 3h Gr


or fails to ray) aoe within time limited. is of administration to universal residuary’ €gatees, » Rie’ ie to administration of representative of 3h Gr residuary legatec. er of administration where no exccutor, nor legates > legatee, nor representative of such Other th, g-ant of administration to legatee 36. Te 40 universal or residuary. Ww ~~ hom Administration may not be granted. Of the practice in gr Cuarrer II, Of limited Grants. Grants limited in duration. Clauses. 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 sola exeoutor or residuary legatee. 245. Administration during minority of several exe- cutors or residuary legatecs. 246, Administration for use and benefit of lunatic or minor. 247, Administration pendenie lite. Grants for special purposes, 248. Probate limited to purpose specified in will. 949, 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 adminis- trator, 253. Administration


beneficial interest. 251. Administration limited to suit. 252, Administration limited to purpose of becoming party to suit to be brought against adminis- trator, 253. Administration limited to collection and preserv- ation of deceased's property. 264. Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration. Grants uith exception. = * 235, Probate or administration, with will annexed, subject to éxception. 256. Administration with exception. Grants of the rest. 957. Probate or administration of rest. Grant of effects unadministered. 958. Grant of effects unadministered 259, Rules as to grants of effects unadministered. 960. Administration when limited grant expired and still some part of estate unadministered. Cuarter III. Alteration and Revocation of Graats. 961. What errors may be rectified by Court. 962, Procedure where codicil discovered after grant of administration with will annexed. 963. Revocation or annulment for just cause, Carter IY. anting and revoking Probates and Letters of Administration. oG4, Jurisdiction of District Judge in granting and revoking probates, etc. 965. Power to appoint Delegate of District Judge to deal with non-conteutious cascs. 14 THE GAZETTE OF INDIA, OCTOBER 10, 1925. 7 CHAPTER V. aia Bad Judge's powers as to grant of probate and Of executors of their own wrong. administration. C1 duce uses. 267. District Judge may order person “pew 903. Executor of his own wrong. aeadind EPID Court in relation i istrict Judgo’s Court in rela ms rages te a itiieera lon, 989. When and how District Judge to interfere for protection


Court in relation i istrict Judgo’s Court in rela ms rages te a itiieera lon, 989. When and how District Judge to interfere for protection of property. 270. When probate or administration may be granted by District Judge. sal of application mado to Judgo of district 1. Dis am in which deceased bad no fixed abode. 272. Probate and letters of administration may bo granted by Delegate. « 273, Conclusivencss of probate or letters of adminis- tration. 274. Transmission to High Courts of certificate of grants under proviso to section 273. 275. Conclusivencss of application for probate or ad- ministration 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 pro- bate or letters of administration in certain cases. 280. Petition for probate, eto., 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 administra- tion. Form of caveat. 285. After entry of caveat no proceeding taken on petition until after notice to caveator. 286. Districk 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


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 adminis- tration should be refused in his Court. 289. Grant of probate to be under ecal of Court. 290. Grant of letters of administration to be under seal of Court. 201. 292. Assignment of administration-bond. 293. Time for grant of probate and administration, 204. — Administration-bond. - Filing of original wills of which proba tni i i , te ; tration with will annexed erantel adratis — . . 205. Procedure in contentions cases, 206. Su , ice of revoked probate or letters of adminis. 297. Payment to executor ini ‘ ’ or administrat probate or administration revoked, om ene 208. Power to refuse letters of administration 239. Appcals from orders of District Judge 300. Concurrent jurisdiction of High Court, 301. Removal of . Jp exceutor or admi ist vision for successor, ‘nistrator and pro- 302. Directions to exccutor or administrator 304. Liability of executor of his own Wrong, Cuaprer VI. Of the powers of an Executor or Administrato, 305. In respeot of causes of action surviying q and rents duo at death. B decease 306. Demands and rights of action of or against doe survive to and against executor or administy, tor. - S 307. Power of executor or administrator to dispose of property. 308. Gencral powers of administration, 309. Commission or agency charges. 310. Purchase by executor or administrator


Power of executor or administrator to dispose of property. 308. Gencral powers of administration, 309. Commission or agency charges. 310. Purchase by executor or administrator of de. ceased’s property. 311. Powers of soveral executots or administrator; exercisable by onc. 312, Survival of powers on death of ono of sever] exccutors or administrators, 313. Powers of administrator of effects unadminis. tered. 314. Powers of administrator during minority, 315. Powers of married excoutrix or administratriz, Cuarter VII. Of the Duties of an Executor or Administrator, 316, As to deceascd’s funcral. 317. Inventory and account. 318, Inventory to includo property in any part of British India in certain cases. 319. As to property of, and debt 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 domicilo not in British India. 325. Debts to bo paid before legacics. 326, Executor or administrator not bound to py Iegacics without indemnity. 327. Abatement of general legacies. 328. Non-abatement of specific legacy when ost sufficient to pay debts. 329, Right under demonstrative legacy when assets sufficient to pay debts and necessary expens* 330. Rateable abatement of specific legacies. 331. Legacies treated as general for purpose of abate ment. Cuaprer VIII. Of assent toa lequey by Executor or Administrator. 332, Assent necessary


specific legacies. 331. Legacies treated as general for purpose of abate ment. Cuaprer VIII. Of assent toa lequey by Executor or Administrator. 332, Assent necessary to complete legatce's title. 333. Effect of executor’s assent to specific legsey+ 334, Conditional assent. 335. Assent of exeoutor to his own legacy: 336. Effect of Cxecutor’s assert, 337. Exccutor when to deliver legacies. pst v) ; 1 THE GAZETTE OF INDIA, OCTOBER 10, 1935. 75 d Apportionment of Annuities, payment an oy ‘ Coe pmencement of annuity wien no time fixed by i ail uity. ann : 3. hs falls due. of successive payments when first payment 0. Dates ted to be made within given time or on day dire. death of annuitant bcfore date of pay- cortaiD * ment. to be paid quarterly or monthly, CyHarTER X. Of the Investment of Fu nds to provide for Legacies, Investment of sum bequeathed where legacy, not : specific, given for life. estment of general Iegacy to be paid at future 2. i : disposal of intermediate intercat. ure when no fund charged with, or appro- priated to annuity. Transfer to residuary legatee of contingent bequest. 445, Investment of residue bequcathed for life, without direction to invest in particular securities. 41, Investment of residue bequcathed for life, with direction to invest in specified sccuritics, 347, Time and manner of conversion and investment. 348, Procedure where minor entitled to immediate payment or possession of bequest, and no direc- tion to pay to person on his behalf. Cuarrer


investment. 348, Procedure where minor entitled to immediate payment or possession of bequest, and no direc- tion to pay to person on his behalf. Cuarrer Xi. Of the Produce and Inlerest of Legacies. 39, Legatec’s title to produce of specific legacy. 350. rai ia legatee’s title to produce of residuary und. 31, oe when no time fixed for payment of general egacy. 452. 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. CHaPTerR XII. o Of the Refunding of Legacies. os Refund of legacy paid under Court’s orders. ~No refund if paid voluntarily. 358, Refund when legacy has become due on per- Tanes of condition within further time alowed under section 137. 38. When cach Je tee . . Portion. gatee compellable to refund in pro 369, — may call upon legatce to refund. an legatee, not satisfied or compelled to ae Section 3 i id in full to refund. 61, cannot oblige one pal | a unsatisfied legatee must first proceed 364, + executor, if solvent. 365, ae refunding of ono legateo to another. nis to be without interest dag iter usual payments to be paid to re- “07, ica or admin Assets from British India to erie istrihution i domicile for distribution in country of do Of the Liability of an CHaprer XIII. Executor or Administrator for Devas- tation, Clauses. 368. Liability of executor or administrator


distribution in country of do Of the Liability of an CHaprer XIII. Executor or Administrator for Devas- tation, Clauses. 368. Liability of executor or administrator for devas- tation. 369, Liability of executor or administrator for neglect to get in any part of property. PART X. Succession CERTIFICATES. 370. Ber intion on grant of certificates under this art. 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 certifi- cate. 376, Extension of certificate. 377. Forms of certificate and extonded certificate. 378. Amendment of certificate in respect of powers as to securities. 379. Mode of collecting Court-fees on certificates. 380, Local oxtent of certificate. 381. Effect of certificate. 382, Effect of certificate granted or extended by British representative in Foreign State 383, Revocation of certificate. 384. Appeal 885. Effect on certificate of previous certificate, pro- bate 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. Provisions with respect to certificates under Bombay Regulation VIII of 1827. PART XI. MISCELLANEOUS. 891. Saving. 392. Repeals. SCHEDULES. Sonepute I.—Table of Consanguinity. Souepute II.— Part I.—Order of next-of-kin in caso of Parsi intestates referred to in section 55 (6). Part U


Repeals. SCHEDULES. Sonepute I.—Table of Consanguinity. Souepute II.— Part I.—Order of next-of-kin in caso of Parsi intestates referred to in section 55 (6). Part U .—Order of next-of-kin in case intestates referred to in section 56. of Parsi ScuEpuLe I1.—Provisions of Part VI applicable to certain Wills and Codicils described in section 57. Scuepute 1V.—Form of Certificate. - SconepuLe V.—Form of Caveat. Scuepute V1.—Form of Probate. Screpute VII.—Form of Letters of Administration. Scuepute VIIL—Forms of Certificate ond Extended Certificate. Sonzpute [X.—Enactments Repealed. THE GAZETTE OF INDIA, OCTOBER 10, 1925. { Pane 76 a - . it . ‘- . An Act to consolidate the law applicable to intestate ae autte wont ; ns cr any, A edi and testamentary succession in British India. Honed inthe ortet | = it is expedient to consolidate the law 2) The Local Government may, } | applicable tointestate and Ce ee etait + wtienien revoke any such stile of + : in British India ; It is hereby enacted as Lollows :-— PART I. PRELIMINARY. 1. This Act may be called the Indian Succes- Short title, sion Act, 1925, 2. In this Act, uuless there is anything repug- © Definiti nant in the subject or ™ context,— (2) “administrator” means a person ap- pointed by competent authority to ad- minister the estate of a deceased person when there is no executor ; (5) “codicil ” means an instrument made in relation to a will, and explaining, alter- ing or adding to its dispositions, and


no executor ; (5) “codicil ” means an instrument made in relation to a will, and explaining, alter- ing or adding to its dispositions, and shall be deemed to form part of the will ; (c) “executor” means a person to whom the execution of the last will of a deceased person is, by the testator’s appointment, confided ; (¢) “Indian Christian” means a native of India who is, or in good faith*claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion ; (e) “minor” nicans any person subject to the Indian Majority Act, 1875, who hes not attained his majority within the meaning of that Act, and any other persén who has not completed the age of eighteen years; and “minority ” means the status of any such person : (f) “probate” means the copy of a will certi- fied under the seal of a Court of com- petent jurisdiction with a grant of ad- ministration to the estate of the testator ; (9) “provir.ce” includes any division of Britizh India having a Comt of the last resort; and IX of 1876, * (h) will 1 incens the legal declaration ‘of the Intention of a testator with resnect to his property which he desires to} i into effect after his death. esis 8. (1) The Local Government may, by notifi- Power of Local Gov. Cation in the local offic; —— i ant any Gazette, either silibines the territories cdmim tively frota the sixteenth


by notifi- Power of Local Gov. Cation in the local offic; —— i ant any Gazette, either silibines the territories cdmim tively frota the sixteenth istered bs th Local Gov. day of March, 1865 Ae Om OFaration of op prospectively, exempt fom the og i of any of the followin Provisions of thie Aer namely, rections 5 to 49, 58 to 191, 979 213 and 215 to 369, tae embers of any neck © tribe in the Province, or of any part of ® sect or tribe, to Whom the Local that the revocation shall have Tetrospectiy effect. . (3) Persons exempted under this Section 4 exempted from the operation of any of the Bie. visions of the Indian Succession Act, 1865, unde section 332 of that Act are in this Act referral to as “ exempted persons ”, PART II. Or Domictte, 4. This Part shall not apply if the deceased Was at a Hindu, Muhamma Application of Part. Buddhist, Sikh or a 5. (1) Succession to the immoveable Property in British India of g person deceased shall be regulated by the law of British India, wherever such person may have had his domicile at the Law regulating sue- cession to deceased per- son’s immoveable and moveable property rea- pectively. time of his death. (2) Succession to the moveable property ofa person deceased is regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations. (i) A, having his


regulated by the law of the country in which such person had his domicile at the time of his death. Illustrations. (i) A, having his domicile in British India, dies in Franc. Jeaving moveable property in France, moveable property 12 England, and property, both moveable and immoveable, ia British India, The succession to the whole is regulated by the law of British India, ._ (ii) A, an Englishman, having his domicile in France, dits in British India, and leaves property, both moveable an] immoveable, in British India. Tho sucecssion to the mort: able property is regulated by the rules which gover, France, the succession to the moveable property of an Enz: lishman dying domiciled in France, and the succession to th? immoveable property j . f Br India. Property is regulated by the Jaw o 6. A person can have only one domicile for Ono = domicilo only the purpose of the suc affects succession — to cession to his moveable moveables, property. 7. The domicile of origin of every person a Domicile of origin of legitimate birth is i ne ith °F ~—segitimate “country in which ab the . time of his birth i ther was domiciled ; or, if he is a posthumol® child, in the country in which his father ™* domiciled at the time of the father’s death. Mlustration, welee Hime of the birth of A, his father was donsiciled i pagan, A's domicile of ‘origin is in Encland, whalers hay be the country in Which


of the birth of A, his father was donsiciled i pagan, A's domicile of ‘origin is in Encland, whalers hay be the country in Which Le was born, THE GAZETTE OF INDIA, OCTOBER 10, 1995, \ st Vv] 77. a nin of an illegitimate ursuange of hi ; . g, The domicile child is in the country in nee ae sppointment a does any other Bae GB which, at the time of his residing. with auch. fist mentionel mason only of posile of one birth, his mother was of his family, or as.aservant person as part eygiuimat® a domiciled. , jomicle of origin prevails until a new 18. A new domicile continues, until the former 9. The 0 ; domi- domicile has been ac- Gad domicile has been resum- Oe ; quired. micite, FP G% ed or another has been 0 ee = iat acquires @ new domicile by taking acquired. ; 40. A up his fixed habitation 14. The domicile of a minor follows the domi- ew in a country which’ is cile of th f seqastion «=F Ot that of his domicile Minor’s domicile Pee donial of origin. -on—A man is not to be deemed to Epon up his fixed habitation in British have ely by reason of his residing there in India ivil or military service, or in the jesty 8.¢ : 7 sie oy profession or calling. Illustrations, icilo of origin is in England, proceeds to (i) Ay are ie 7a ieee or a lorstiant: Bais


7 sie oy profession or calling. Illustrations, icilo of origin is in England, proceeds to (i) Ay are ie 7a ieee or a lorstiant: Bais In to reside there during the remainder of his life. iaeaeilo is now in British Indio, : <¢ domicile is in England, goes to Austria, and fo ate Austrian service, intending to remain in that wmice. A has acquired a domicile in Austria. (iii) A, whose domicile of origin is in France, comes to reside +, British India under an engagement with the Government d India for a certain number of years. It is his intention tp retum to France at the end of that period. He does not xquiro a domicile in British India. tir) A, whose domicile is in England, goes to reside in British India for the purpose of winding up the affairs of a partnership which has been dissolved, and with the inten- tion of returning to England as soon as that purpose is ucomplished, He docs not by such residence acquire a domicile in British India, however long the residenco may ut, (t) 4, having gone to reside in British India in the drumstances mentioned in tho last preceding illustration, aterwards alters his intention, and takes up his fixed habi- ai in British India, A has acquired o domicile in ntish India, (ri) A, whose domicile is in the French Scttlement of demagore, is compelled by political events to take Thugs in Calcutta, and resides in Calcutta for many years


domicile is in the French Scttlement of demagore, is compelled by political events to take Thugs in Calcutta, and resides in Calcutta for many years inthe hope of such political changes as may enable him fo retum with safety to Chandernagore. He does not by Reb residence acquire a domicile in British India. (rit A, having come to Calcuttain the circumstances tated in the Inst preceding illustration, continues to reside ‘re after such political changes have occurred as would table him to return with safcty to Chandernogore, and he oe that his residence in Calcutta shall be permanent. acquired a domicile in British India. 1f. Any person may acquire a domicile in Srecal British India by making itine der moue Of ace d depositing in some Qtiting damian c- and depositing — 1 thing mille in Brit- office in British India, by th appointed in this behalf : Local Government, a declaration in writing dome hand of his desire to acquire such in “i ®; provided that he has been resident ~ntish India for one year immediately pre- “ing the time of his making such declaration. 12, | A person who is appointed by the Govern- 1 Donicite ment of one country to be Sidcneo ag foe, its ambassador, consul or teat oe forei ” other representative 1m ‘It or 20 Govern. tegy “T 83 part of mis another country does not le acquire a domicile in the of ohn ; “untry by reason only of residing there in whom


part of mis another country does not le acquire a domicile in the of ohn ; “untry by reason only of residing there in whom he derived his domicile of origin. Lxcoption.—The domicile of a minor does ‘not vhange with that of his parent, if the minor is married or holds any office or employment in the service of. His. Majesty, or has set, up, with the consen.of the parent, in any distinct business, 15, By marriage:a woman acquires the domicile of her husband, if she Domicile acquired, b ici Jointaom mas ae y a aa the same domicile a 16. A wife’s domicile during her marriage Wifo's domicile during follows the domicile of her murriage, ‘husband. Ezception;-—The wife's domicile no longer follows that of her husband if they are separated by tle sentence of a competent Court, or if the husband is undergoing a sentence of transporta- tion. 17, Save, as. hereinbefore otherwise provided in this Part, a person cannot, Minor's eaves of, during minority, acquire new: demier's: a, new domicile. 18. An insane person cannot dcquire a new domicile in any other way acquisition than by his domicile fol- lowing the domicile of another person. Lunatic’s . of now domicile, 19. If a person dies leaving moveable property . in British India, in the Succession to movenblo property in British India absence of proof of any in absenco of proof of domicile elsewhere, suc- domicile clsowhere. cession to the property is regulated by the law of British India.


proof of any in absenco of proof of domicile elsewhere, suc- domicile clsowhere. cession to the property is regulated by the law of British India. PART III. MARRIAGE. ~ 20. (1) No person shall, by marriage, acquire any interest in the pro- Interests and powers not acquired nor lost by marmage. perty of the person whom he or she marries or be- incapable of doing any act in respect of his oe her om property which he or she could have done if unmarried. (2) This section— (a) shall not apply to any marriage contracted before the first day of January, 1866; 1Vz 18 ——- + er (6) shall not apply, and shall be deemed never to have applied, to any mariage : both of the parties to which profes the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion. 7 domicile is not in British 21. Ifa person whose aia marries in British Effect of marriage between India a person whose er domiciled anh ee not domicile is in British mci ip RAGS ae India, neither party ace uires by the marriage any rights in respect 0 any mropatty of the other party not comprised. in a settlement made previous to the marniage, which he‘or she would not acquire thereby if both were domiciled in British Indio at the time of the marnage. ; 22. (1) The property of a minor may be settled Settlement of minor’s pro- 12 contemplation of perty in contemplation of marnage,


the marnage. ; 22. (1) The property of a minor may be settled Settlement of minor’s pro- 12 contemplation of perty in contemplation of marnage, provided the jibe settlement is made by the minor with the approbation of the minor's father, or, if the father is dead or absent from British India, with the approbation of the High Court. (2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina. PART IV. . Or ConsANGUINITY. 23. Nothing in this Part shall apply to any will _ made or intestacy occur- Applicat al-Bach ring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muham- madan, Buddhist, Sikh, Jaina or Parsi. 24, Kindred or consanguinity is the con- .., nection or relation of per- Kindred or consanguinity. gong descended from the same stock or common ancestor. 25. (1) Lineal consanguinity is that which sub- Lineal co inity. sists between two per- ° sons, one of whom is des- cended in a direct line from the other, as between & man and his father, grandfather and great-grand- father, and so upwards in the direct ascendi line ; or between a man and his son, grandson, great-grandson and so downwards ; i Sesoecling inn Tas in the direct (2) Every gencration constitutes a


or between a man and his son, grandson, great-grandson and so downwards ; i Sesoecling inn Tas in the direct (2) Every gencration constitutes a either ascending or descending, (3) A person’s father is related to him j fret degree, and so likewise is his son ; his ae father and grandson in the second degree: his great-grandfather and preat- deon 3 degree, and so on. great-grandson in‘ the third 26. (1) Collateral Consanguinity is that which subsists betw. , Collateral consanguini een two per- om the same stock ancestor, but neither of whom ; Ock OF * . 0 . direct line from the other, m 18 descended in a degree, THE GAZETTE OF INDIA, OCTOBER 10, 19265. ee eee 7 = [ Parr py Pima ge 2) For the purpose of ascertaining jy aes of kindred any collateral relative stank a person deceased, it is necessary to reckon Upward, from the person deceased to the common 5 and then downwards to the collateral Telative, degree being allowed for cach person, both ascent ing and descending. 27. For the purpose of succession, there js no Persons held for purpose distinction— of succession ta bo similarly related to.deccased. (a) between those who are related to a Person deceased through his father, and those who are related to him through his mother ; or . (b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood Or


between those who are related to a person deceased by the full blood, and those who are related to him by the half blood Or (c) between those who were actually born jp the lifetime of a person deceased and those who at the date of his death wer only conceived in the womb, but who have been subsequently born alive, 28. Degrees of kindred are computed in the chal ting of do manner set forth in the ode of compu “table of kindred set out greea of kindred. in Schedule I. Illustrations. (i) Tho person whose relatives are to be reckoned, and his cousin-german, or first cousin, are, as shown in the table, related in tho fourth degree ; there being ono degree of ascent to the father, and anothor to the common ancestor, tho grant: father; and from him one of descent to the uncle, and another to the cousin-german, making in all four degrecs. (ii) A grandson of the brothor and o son of the uncle, f.¢., O great-nophow and o cousin-german, are in equal degree being each four degrees removed, (iit) A grandson of a cousin-gorman is in tho samo degree as the grandson of a great-unclo, for they aro both in the sixth degree of kindred, PART V. Intestate Succession. CHAPTER I. Preliminary. 29. (Z) This Part shall not apply to any intestacy occurring before the fist day of January, 1866, o to the property of any Hindu, Muhammadal, Buddhist, Sikh or Jaina. (2) Save


to any intestacy occurring before the fist day of January, 1866, o to the property of any Hindu, Muhammadal, Buddhist, Sikh or Jaina. (2) Save as provided in sub-section (1) or by any other law for the time being in force, the pr visions of this. Part shall constitute the law ° British India in all cases of intestacy. 30. A person is deemed to die intestate in *t spect of all property ° whick he has not mde testaméntary disposit! Which is capable of taki3é effect. Application of Part As to what ro deceased considered to'hnes died intestate, ysl] i THE GAZETTE OF INDIA, OCTOBER 10, 1995. 79 ations jelt 20 will. Ho has dicd intestate in respect of hss : : Y 0 ilo of his Property ; ; : ee will, whoroby he has appointed B hjs exeou- ‘i jhas! ‘rll contains no other provisions. A has died put _ speat of tho distribution of his property, in thed his whole property for an illegal pur- wii) body ntostato in respect of tho distribution of his pe y poet thed 1,000 rupees to B and 1,000 rupees to (i) Abas bea mand has made no other bequost ; and has be eldest one sum of 2,000 rupees and no other proporty. ded leasing ‘A without having ever had a son. A has died gdied bIOM Spout of tho distribution ‘of 1,000 rupess. testa . CHAPTER II. noves IN cases OF INTESTATES OTHER THAN Parsis. 31, Nothing in


died gdied bIOM Spout of tho distribution ‘of 1,000 rupess. testa . CHAPTER II. noves IN cases OF INTESTATES OTHER THAN Parsis. 31, Nothing in this Chapter shall apply to Chapter not to apply Parsis, to Parsis. 32. The property of an intestate devolves upon euch the Wife or husband, or upon those who are of the kindred of the deceas- cd, in the order and according to the rules here- inafter contained in this Chapter. Terolution of property. Explanation—A widow is not entitled to the provision hereby made for her if, by a valid con- tract made before her marriage, she has been excluded from her distributive share of her hus- band’s estate. 33. Where the intestate has left a widow— Where intestato has left mow and lineal tcendants, or widow wd kindred only, widow and no SGndrede (a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, accord- ing tothe rules hereinafter contained ; () if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are of kindred to him, in the order and according to the Tules hereinafter contained; . (c) if he has left none who are of kindred to him, the whole of his property sha elong to his widow. 34, Where


. (c) if he has left none who are of kindred to him, the whole of his property sha elong to his widow. 34, Where the intestate has left no widow, his ent intestate hag Property shall go to his ‘here he Yitow, and lineal descendants or to . ss left no those who are of kindred Cseeng - to him, not being lineal CRtainea ts, acca.ding to the rules hereinafter kindred te’ and, if he has left none who are of him, it shall go to the Crown. 35. A husband surviving his wife has the Rights of widower. same rights in respect of her . property, if she dies intestate, aS a widow ha; im respect of her husband’s pro- perty, if he dics intestate. Distribution where there arc lineal descendants. 36. The rules for the distribution of the intes- Rules of distribution. tate’s property (after de- ducting the widow’s share, if hehaslefta widow) amongst his lineal descend- . ants shall be those contained in sections 37 to 40. 37. Whcre the intestate has left surviving him Whero intestate hos 2 Child or children, but no left child or children more remote lineal dts- only. cendant through a de- seased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children. 38. Where the intcstate has not left surviving Whore intestate ‘has him any child, but has left no child, but grand- left a grandchild


children. 38. Where the intcstate has not left surviving Whore intestate ‘has him any child, but has left no child, but grand- left a grandchild or grand- child or grandchildren. ¢hildren and no more remote descendant through a deceased grandchild, - the property shall belong to his surviving grond- child if there is only one, cr shell be equally divided among ell his surviving grandvhildren. Flustrationa. (i) A has threo children, and no more, John, Mary and Henry. They all dio before the father, John leaving two childre, Mary three, and Henry four, Afterwards A dies intestate, leaving those nine grandchildren and no descondant of any deceased grandchild. Each of his grandchildren will have onc-ninth. 3) Butif Henry has died, leaving no child, then the ‘whole is is divided t between tho intestate’s five grandchildren, the children of Jobn and Mary. 39. In like manner the property shall go to the surviving lineal descend- Whero intestate has left ants who ,are nearest in ony grent-grandcbileren degree to the intestate, on “ where they are all in the degree of great-grand- children to him, or are all in a more remote degree. + tostate has left lineal descendants 40. (1) Ifthe intes eee all saad , ites _... the same degree of kind- shar eaianis. a Til red to him, and the in samo degree of kindred persons through whom the oan Ab. ae rene more remote are descend- are dracended are dead. ed from him are dead, the property shall


kindred persons through whom the oan Ab. ae rene more remote are descend- are dracended are dead. ed from him are dead, the property shall be divided i ach a number of equal shares as may corre- can with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, OF, having = of the like degree of kindred to him, died be ore him, leaving lineal descendants who survive him. : (2) One of such shares shall be allotted to ech of the lineal descendants who stood in ee nearest degree of kindred to the intestate at his ecense i and cne of such shares shall be allotted in respect of each of such deceased lineal dees the share allotted in respect of each of such de- xd li d dants shall belong to his sur- cass arr or ehildren or more remote lineal yiving chil Is? THE GAZETTE OF INDIA, OCTO: 80 BER 10, 1925. [ Pan qy descendants, as the case may be; such ae child or children or sn hi aes day ants always taking the share x ia ead te t or parents would have been i Pepectively if such parent or parents had survived the intestate. Tlustrattons. : John ] three children, John, Mary and Henry ; diel. Poa four children, and Mary died, jeaying one) hon Henry alone survived the father, Onthedeatho ' gn nate one-third is allotted to Henry, one-third


diel. Poa four children, and Mary died, jeaying one) hon Henry alone survived the father, Onthedeatho ' gn nate one-third is allotted to Henry, one-third to Jobn s four ren, and the remaining third to Mary’a ono child. i iid, but left eight grandchildren, and two fie a ide ou grandchild. Tho property 38 divided i to nine parts, one of which is allotted to each grandchild, and the remaining one-ninth is equally diviaca vevwern tho two at-grandohildren. rk ask three children, John, Mary and Henry; John dies leaving four children ; and ono of John’s children dics leaving two children. Mary dics leaving one child, A afterwards dies intestate. One-third of his Property is allotted to Henry, one-third to Mary's child, an one-third is divided into four one of which is allotted to each of John’s threo surviv- ing children, and the remaining part is equally divided between John’s two grandchildren. (iv) A bas two children, and no mor; John and Mary. John dies Eefore his father, loaving his wifo prognant. Then A dies leaving Mary surviving him, and in due time a child of Jobn is torn. A’s property is to bo equally divided between Mary and the posthumous child. Distribution where there are no lineal descendants. 41, Where an intestate has left no lineal des- cendants, the rules for the Rules of distribution distribution of his proper- whero intestate has left ty (after deducting the i Hee descendants. widow's share, if he has left 2 widow) shall


distribution distribution of his proper- whero intestate has left ty (after deducting the i Hee descendants. widow's share, if he has left 2 widow) shall be those contained in sections 42 to 48. 42, If the intestate’s father is living, he shall Where intestato’s father Succeed to the property. living. 43. Ifthe intestate’s father is dead, but the in testate’s mother is living aa ee alee cau and there are also brothers brothers and sisters living. OF Sisters of the intestate oo living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares, Illustration. A dics intestate, survived by his mother and two b of tho full blood, John and Henry, and a sister Mary pteles the daughter of his mother but not of his father, Tho mother takes one-fourth, each brother takes ono-fourth and Ma the sister of half blood, takes one-fourth, al 44. If the intestate’s father is dead, but’ the intestate’s mother is Whero intestate’ ae 7 dead and his hives living, and if any brother brother or sister, and chil- or sister and the child or dren of any deceased broth children of any brother ster, - 1 ving or sister who may have _ _, died in the intestate’ ea also living, then the mother and cach lving brother or sister, and the living child or children of each deceased brother or sister, shall he entitled to


then the mother and cach lving brother or sister, and the living child or children of each deceased brother or sister, shall he entitled to the property in e ual sh sults (if more than one) takins in equal share, only : “a ear which their respective parents youl én if living at the intestate’s IMustration, A, the intesta 1 ‘7 and*Henry, sot Gree he mother, his brothers Jobn id of a deceased sister, Mary, iia es ‘Idron of Goorgo, a deceased brothor of and te oes the son of his father but not of his we al Tho mothor takes ono-fifth, John and Honry pach we one-filth, tho child of Mary takes ono-fifth, and thy childron of Goorge divide tho romaining ono.ffth eau botweon them. 45, If the intestate’s fathor is doad, but ¢, intestate’s mother ‘ hore intestate’s father living, and the ly pa and his mother and 4 nq Stand nes ate childron of any deceased ead brothor or sister living. but all or any of the ms have left children who survived the intestate, the mother and the chit or children of cach deceased brother or sista, shall be entitled to the property in equal shares ' such children (if more than one) taking in eq ual shares only the shares which their respectiyg parents would have taken if living at the intes. tate’s death. Illustration. A, tho intestato, leaves no brother or sister, but leaves his mothor and ono child of a deceased sister, Mary,


the intes. tate’s death. Illustration. A, tho intestato, leaves no brother or sister, but leaves his mothor and ono child of a deceased sister, Mary, and two childron of a deccased brothor, George. Tho mothor takes ono-third, tho child of Mary takes one-third, and tho children of Goorge divide tho romaining ono-third equally botweeg thom. 46, If the intestate’s father is dead, but the intestate’s mother jg living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother. «47. Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate’s death. Whore intestato’s father dead, but his mothor living and no brother, sister, nophow or niece. Where intestate has loft neither linoal descendant, nor fother, nor mothor, 48. Where the intestate has left neither lineal Where intostato has lett descendant, nor parent, neither ee despendent, nor brother, nor -_ nor parent, nor brothor, hig property shall bé nor sister, divided equ ally among those of his relatives who are in the nearest degree of kindred to him. Illustrations. (i) A, tho intestate, has loft a grandfathor and a grand: mother and no other relative


in the nearest degree of kindred to him. Illustrations. (i) A, tho intestate, has loft a grandfathor and a grand: mother and no other relative standing in tho samo oF 4 nearer dogreo of kindred to him. They, being in tho seco® dogree, Will bo ontitled to tho property in equal shares, 6X" clusivo of any uncle or aunt of the intestate, uncles and aut being only in the third degree, (ii) A, tho intestate, has left a t-grandfather, oF * Frest-grandmother, and uncles and sated, aad no other tive standing in thosamo orn nearor degreo of kindred to hip. All of thea being in the third degree wil] take equal shares (iif) A, the intestate, left gran unclb an eda eat no relative standice eerie degre? tie et : ma All of theso being in the third degree (iv) Ten children of one b : te, child rother ister of the intests consiinate of another brother or sister of the intestaté kindred to hin Class of relatives of Ee nearest degree 6 Property, m They will cach take one-eloventh of yi] THE GAZETTE OF INDIA, OCTOBER 10, 1925, 81 et) distributive share in the property 40. Where 9 ats OF, Person sy has died 1, advancomen’® intestate isc imed by ont jnto hotchpo a child, or any descend- E ' such person, no money or other pst of 3 cid ‘atestate may, during his life, propery ‘ ‘ven or settled to, or for the advance- pyre pl He il


or other pst of 3 cid ‘atestate may, during his life, propery ‘ ‘ven or settled to, or for the advance- pyre pl He il by whom or by whose descend- gest of, ‘mis made shall be taken into account sat o ve ng such distributive share. ia €5 CHAPTER III. gat RULES FOR Parst Inresrates. | , SPE 5 a Parsi dics leaving a widow and 50, Wher art children, the property of pirkion, Hing chid- which he dies intestate - atest shall be divided among radtt dchildren,so that the share of each hall be double the share of the widow, and oe share shall be double the share of cach daughter. — . 51. Where a female Parsi dies leaving a prion of property widower and children, the ssoar widower and child. property of which she ra of intestate. dies intestate shall be vided among the widower and such children, w that his share shall be doub!e the share of each of the children. 52, When a Parsi dies leaving children but no “a : widow, the property o aS chillten whick he divs Tatectate Se Seta who leaves shall be divided amongst ; the children, co that the ture of each son shall be four times the share of uth daughter, 53. When a female Parsi dies leaving children Disis but no widower, the pro- eat the. ain eo perty of which she dies ob oe who leaves intestate shall be divided , amongst the children in


widower, the pro- eat the. ain eo perty of which she dies ob oe who leaves intestate shall be divided , amongst the children in equal shares. : 54. any child of a Parsi intestate has died Diriéon of pre-decoased U2 bis oF her lifetime, Rete of intestato’s the widow or widower @ vilowor nae widow and issue of such child ret, “NSS of shall take the share which such child would have tas if intestate’s death in suclt immediately sence «deceased child had died 55, Ww ¥ after the intestate’s death. Te a Parsi dies leaving a widow or wtilliving at the of Ton : ra the intestate eet’ «= Widower, but without ‘Widow of id tte leaves ] : : ld d- Beal descendacne” butno Jeaving any lineal descen Ws or her father and mother, if both are dean Or one of them if the other is ‘ac, shall take one moiety of the pro- intest shall ate, and the widow or widower take the other moiety, provided mah Where both the father and the er &r of the intestate survive him or > the father’s share shall be double ® » “i are of the mother ; et i Nelthé the father nor the mother he intestate survives him or her, © Intestate’s relatives on the father's in respect of which he or she dies’ side, in the order specified in Part I ot Schedule If, -shal] take the moiety Which the father and the mother would