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Schedule III – The Indian Succession Act,1925

The Indian Succession Act,1925

Schedule III.

SCHEDULE III

(See section 57.)

PROVISIONS OF PART VI APPLICABLE TO CERTAIN WILLS AND CODICILS

DESCRIBED IN SECTION 57

Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78,

79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 95, 96, 98,101,102,

103,104,105,106,107,108,109,110,111,112,113,114,115,116,

1[117,] 119,120,121,122,123,124,125,126,127,128,129,130,

131,132,133,134,135,136,137,138,139,140,141,142,143,144,

145,146,147,148,149,150,151,152,153,154,155,156,157,158,

159,160,161,162,163,164,165,166,167,168,169,170,171,172,

173,174,175,176,177,178,179,180,181,182,183,184,185,186,

187,188,189 and 190.

Restrictions and modifications in application of foregoing sections.

1. Nothing therein contained shall authorise a testator to bequeath property which he could not have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for the application of these sections, he could not deprive them by will.

2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in property any interest which he could not have created before the first day of September,1870.

3. Nothing therein contained shall affect any law of adoption or intestate succession.

4. In applying section 70 the words “than by marriage or” shall be omitted.

5. In applying any of the following sections, namely, sections seventy-five, seventy-six, one hundred and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one hundred and thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred and sixteen to such wills and codicils the words “son,” “sons,” “child,” and “children” shall be deemed to include an adopted child; and the word “grand-children” shall be deemed to include the children, whether adopted or natural-born, of a child whether adopted or natural-born; and the expression “daughter-in-law” shall be deemed to include the wife of an adopted son.

——————–

1. Ins. by Act 21 of 1929, s. 14.

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