উত্তরাধিকার আইন
The Succession Act, 1925
Act No. XXXIX · ১৯২৫ · ৩৯৫টি ধারা ও অংশ
সূচিপত্র
- ১Short title
- ২Definitions
- ৩Power of Government to exempt any race, sect or tribe from operation of Act
- ৪Application of Part
- ৫Law regulating succession to deceased person's immoveable and moveable property respectively
- ৬One domicile only affects succession to moveables
- ৭Domicile of origin of person of legitimate birth
- ৮Domicile of origin of illegitimate child
- ৯Continuance of domicile of origin
- ১০Acquisition of new domicile
- ১১Special mode of acquiring domicile in Bangladesh
- ১২Domicile not acquired by residence as representative of foreign Government, or as part of his family
- ১৩Continuance of new domicile
- ১৪Minor's Domicile
- ১৫Domicile acquired by woman on marriage
- ১৬Wife's domicile during marriage
- ১৭Minor's acquisition of new domicile
- ১৮Lunatic's acquisition of new domicile
- ১৯Succession to moveable property in Bangladesh, in absence of proof of domicile elsewhere
- ২০Interests and powers not acquired nor lost by marriage
- ২১Effect of marriage between person domiciled and one not domiciled in Bangladesh
- ২২Settlement of minor's property in contemplation of marriage
- ২৩Application of Part
- ২৪Kindred or consanguinity
- ২৫Lineal consanguinity
- ২৬Collateral consanguinity
- ২৭Persons held for purpose of succession to be similarly related to deceased
- ২৮Mode of computing of degrees of kindred
Chapter IPRELIMINARY
- ২৯Application of Part
- ৩০As to what property deceased considered to have died intestate
- ৫৭Application of certain provisions of Part to a class of wills made by Hindus, etc.
- ৫৮General application of Part
- ২১৮To whom administration may be granted, where deceased is a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person
- ২১৯Where deceased is not a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person
- ২২০Effect of letters of administration
- ২২১Acts not validated by administration
- ২২২Probate only to appointed executor
- ২২৩Persons to whom probate cannot be granted
- ২২৪Grant of probate to several executors simultaneously or at different times
- ২২৫Separate probate of codicil discovered after grant of probate
- ২২৬Accrual of representation to surviving executor
- ২২৭Effect of probate
- ২২৮Administration, with copy annexed, of authenticated copy of will proved abroad
- ২২৯Grant of administration where executor has not renounced
- ২৩০Form and effect of renunciation of executorship
- ২৩১Procedure where executor renounces or fails to accept within time limited
- ২৩২Grant of administration to universal or residuary legatees
- ২৩৩Right to administration of representative of deceased residuary legatee
- ২৩৪Grant of administration where no executor, nor residuary lagatee nor representative of such legatee
- ২৩৫Citation before grant of administration to legate other than universal or residuary
- ২৩৬To whom administration may not be granted
Chapter IIRULES IN CASES OF INTESTATES OTHER THAN PARSIS
- ৩১Chapter not to apply to Parsis
- ৩২Devolution of such property
- ৩৩Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
- ৩৩ASpecial provision where intestate has left widow and no lineal descendants
- ৩৪Where intestate has left no widow, and where he has left no kindred
- ৩৫Rights of widower Distribution where there are lineal descendants
- ৩৬Rules of distribution
- ৩৭Where intestate has left child or children only
- ৩৮Where intestate has left no child, but grandchild or grand-children
- ৩৯Where intestate has left only great grandchildren or remoter lineal descendants
- ৪০Where intestate leaves lineal desendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead Distribution where there are no lineal descendants
- ৪১Rules of distribution where intestate has left no lineal descendants
- ৪২Where intestate's father living
- ৪৩Where intestate's father dead but his mother, brothers and sisters living
- ৪৪Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
- ৪৫Where intestate's father dead and his mother and children of any deceased brother or sister living
- ৪৬Where intestate's father dead, but his mother living and no sister, brother, nephew or niece
- ৪৭Where intestate has left neither lineal descendant, nor father, nor mother
- ৪৮Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
- ৪৯Children's advancements not brought into hotchpot
- ৫৯Person capable of making wills
- ৬০Testamentary guardian
- ৬১Will obtained by fraud, coercion or importunity
- ৬২Will may be revoked or altered
- ২৩৭Probate of copy or draft of lost will
- ২৩৮Probate of contents of lost or destroyed will
- ২৩৯Probate of copy where original exists
- ২৪০Administration until will produced
- ২৪১Administration, with will annexed, to attorney of absent executor
- ২৪২Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer
- ২৪৩Administration to attorney of absent person entitled to administer in case of intestacy
- ২৪৪Administration during minority of sole executor or residuary legatee
- ২৪৫Administration during minority of several executors or residuary legatees
- ২৪৬Administration for use and benefit of lunatic or minor
- ২৪৭Administration pendente lite
- ২৪৮Probate limited to purpose specified in will
- ২৪৯Administration, with will annexed, limited to particular purpose
- ২৫০Administration limited to property in which person has beneficial interest
- ২৫১Administration limited to suit
- ২৫২Administration limited to purpose of becoming party to suit to be brought against administrator
- ২৫৩Administration limited to collection and preservation of deceased's property
- ২৫৪Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
- ২৫৫Probate or administration, with will annexed, subject to exception
- ২৫৬Administration with exception
- ২৫৭Probate or administration of rest
- ২৫৮Grant of effects unadministered
- ২৫৯Rules as to grants of effects unadministered
- ২৬০Administration when limited grant expired and still some part of estate unadministered
Chapter IIISPECIAL RULES FOR PARSI INTESTATES
- ৫০General Principles relating to intestate successionc
- ৫১Division of a male intestate's property among his widow, children and parents
- ৫২Division of a female intestate's property among her widower and children
- ৫৩Division of share of predeceased child of intestate leaving lineal descendants
- ৫৪Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow of any lineal descendant
- ৫৫Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant
- ৫৬Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
- ৬৩Execution of unprivileged wills
- ৬৪Incorporation of papers by reference
- ২৬১What errors may be rectified by Court
- ২৬২Procedure where codicil discovered after grant of administration with will annexed
- ২৬৩Revocation or annulment for just cause
Chapter IINTRODUCTORY
- ২৯Application of Part
- ৩০As to what property deceased considered to have died intestate
- ৫৭Application of certain provisions of Part to a class of wills made by Hindus, etc.
- ৫৮General application of Part
- ২১৮To whom administration may be granted, where deceased is a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person
- ২১৯Where deceased is not a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person
- ২২০Effect of letters of administration
- ২২১Acts not validated by administration
- ২২২Probate only to appointed executor
- ২২৩Persons to whom probate cannot be granted
- ২২৪Grant of probate to several executors simultaneously or at different times
- ২২৫Separate probate of codicil discovered after grant of probate
- ২২৬Accrual of representation to surviving executor
- ২২৭Effect of probate
- ২২৮Administration, with copy annexed, of authenticated copy of will proved abroad
- ২২৯Grant of administration where executor has not renounced
- ২৩০Form and effect of renunciation of executorship
- ২৩১Procedure where executor renounces or fails to accept within time limited
- ২৩২Grant of administration to universal or residuary legatees
- ২৩৩Right to administration of representative of deceased residuary legatee
- ২৩৪Grant of administration where no executor, nor residuary lagatee nor representative of such legatee
- ২৩৫Citation before grant of administration to legate other than universal or residuary
- ২৩৬To whom administration may not be granted
Chapter IIOF WILLS AND CODICILS
- ৩১Chapter not to apply to Parsis
- ৩২Devolution of such property
- ৩৩Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
- ৩৩ASpecial provision where intestate has left widow and no lineal descendants
- ৩৪Where intestate has left no widow, and where he has left no kindred
- ৩৫Rights of widower Distribution where there are lineal descendants
- ৩৬Rules of distribution
- ৩৭Where intestate has left child or children only
- ৩৮Where intestate has left no child, but grandchild or grand-children
- ৩৯Where intestate has left only great grandchildren or remoter lineal descendants
- ৪০Where intestate leaves lineal desendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead Distribution where there are no lineal descendants
- ৪১Rules of distribution where intestate has left no lineal descendants
- ৪২Where intestate's father living
- ৪৩Where intestate's father dead but his mother, brothers and sisters living
- ৪৪Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
- ৪৫Where intestate's father dead and his mother and children of any deceased brother or sister living
- ৪৬Where intestate's father dead, but his mother living and no sister, brother, nephew or niece
- ৪৭Where intestate has left neither lineal descendant, nor father, nor mother
- ৪৮Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
- ৪৯Children's advancements not brought into hotchpot
- ৫৯Person capable of making wills
- ৬০Testamentary guardian
- ৬১Will obtained by fraud, coercion or importunity
- ৬২Will may be revoked or altered
- ২৩৭Probate of copy or draft of lost will
- ২৩৮Probate of contents of lost or destroyed will
- ২৩৯Probate of copy where original exists
- ২৪০Administration until will produced
- ২৪১Administration, with will annexed, to attorney of absent executor
- ২৪২Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer
- ২৪৩Administration to attorney of absent person entitled to administer in case of intestacy
- ২৪৪Administration during minority of sole executor or residuary legatee
- ২৪৫Administration during minority of several executors or residuary legatees
- ২৪৬Administration for use and benefit of lunatic or minor
- ২৪৭Administration pendente lite
- ২৪৮Probate limited to purpose specified in will
- ২৪৯Administration, with will annexed, limited to particular purpose
- ২৫০Administration limited to property in which person has beneficial interest
- ২৫১Administration limited to suit
- ২৫২Administration limited to purpose of becoming party to suit to be brought against administrator
- ২৫৩Administration limited to collection and preservation of deceased's property
- ২৫৪Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
- ২৫৫Probate or administration, with will annexed, subject to exception
- ২৫৬Administration with exception
- ২৫৭Probate or administration of rest
- ২৫৮Grant of effects unadministered
- ২৫৯Rules as to grants of effects unadministered
- ২৬০Administration when limited grant expired and still some part of estate unadministered
Chapter IIIOF THE EXECUTION OF UNPRIVILEGED WILLS
- ৫০General Principles relating to intestate successionc
- ৫১Division of a male intestate's property among his widow, children and parents
- ৫২Division of a female intestate's property among her widower and children
- ৫৩Division of share of predeceased child of intestate leaving lineal descendants
- ৫৪Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow of any lineal descendant
- ৫৫Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant
- ৫৬Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
- ৬৩Execution of unprivileged wills
- ৬৪Incorporation of papers by reference
- ২৬১What errors may be rectified by Court
- ২৬২Procedure where codicil discovered after grant of administration with will annexed
- ২৬৩Revocation or annulment for just cause
Chapter IVOF PRIVILEGED WILLS
- ৬৫Privileged wills
- ৬৬Mode of making, and rules for executing, privileged wills
- ২৬৪Jurisdiction of District Judge in granting and revoking probates, etc.
- ২৬৫Power to appoint Delegate of District Judge to deal with non-contentious cases
- ২৬৬District Judge's powers as to grant of probate and administration
- ২৬৭District Judge may order person to produce testamentary papers
- ২৬৮Proceedings of District Judge's Court in relation to probate and administration
- ২৬৯When and how District Judge to interfere for protection of property
- ২৭০When probate or administration may be granted by District Judge
- ২৭১Disposal of application made to Judge of district in which deceased had no fixed abode
- ২৭২Probate and letters of administration may be granted by Delegate
- ২৭৩Conclusiveness of probate or letters of administration
- ২৭৪Transmission to High Court Division of certificate of grants under proviso to section 273
- ২৭৫Conclusiveness of application for probate or administra-tion if properly made and verified
- ২৭৬Petition for probate
- ২৭৭In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
- ২৭৮Petition for letters of administration
- ২৭৯Addition to statement in petition, etc., for probate or letters of administration in certain cases
- ২৮০Petition for probate, etc., to be signed and verified
- ২৮১Verification of petition for probate by one witness to will
- ২৮২Punishment for false averment in petition or declaration
- ২৮৩Powers of District Judge
- ২৮৪Caveats against grant of probate or administration
- Form of caveat
- ২৮৫After entry of caveat, no proceeding taken on petition until after notice to caveator
- ২৮৬District Delegate when not to grant probate or administration
- ২৮৭Power to transmit statement to District Judge in doubtful cases where no contention
- ২৮৮Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court
- ২৮৯Grant of probate to be under seal of Court
- ২৯০Grant of letters of administration to be under seal of Court
- ২৯১Administration-bond
- ২৯২Assignment of administration-bond
- ২৯৩Time for grant of probate and administration
- ২৯৪Filing of original wills of which probate or administration with will annexed granted
- ২৯৫Procedure in contentious cases
- ২৯৬Surrender of revoked probate or letters of administration
- ২৯৭Payment to executor or administrator before probate or administration revoked
- ২৯৮Power to refuse letters of administration
- ২৯৯Appeals from orders of district Judge
- ৩০০Concurrent jurisdiction of High Court Division
- ৩০১Removal of executor or administrator and provision for successor
- ৩০২Directions to executor or administrator
Chapter VOF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF WILLS
- ৬৭Effect of gift to attesting witness
- ৬৮Witness not disqualified by interest or by being executor
- ৬৯Revocation of will by testator's marriage
- ৭০Revocation of unprivileged will or codicil
- ৭১Effect of obliteration, interlineations or alteration in unprivileged will
- ৭২Revocation of privileged will or codicil
- ৭৩Revival of unprivileged will
- ৩০৩Executor of his own wrong
- ৩০৪Liability of executor of his own wrong
Chapter VIOF THE CONSTRUCTION OF WILLS
- ৭৪Wording of will
- ৭৫Inquiries to determine questions as to object or subject of will
- ৭৬Misnomer or misdescription of object
- ৭৭When words may be supplied
- ৭৮Rejection of erroneous particulars in description of subject
- ৭৯When part of description may not be rejected as erroneous
- ৮০Extrinsic evidence admissible in cases of patent ambiguity
- ৮১Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
- ৮২Meaning of clause to be collected from entire will
- ৮৩When words may be understood in restricted sense, and when in sense wider than usual
- ৮৪Which of two possible constructions preferred
- ৮৫No part rejected, if it can be reasonably construed
- ৮৬Interpretation of words repeated in different parts of will
- ৮৭Testator's intention to be effectuated as far as possible
- ৮৮The last of two inconsistent clauses prevails
- ৮৯Will or bequest void for uncertainty
- ৯০Words describing subject refer to property answering description at testator's death
- ৯১Power of appointment executed by general bequest
- ৯২Implied gift to objects of power in default of appointment
- ৯৩Bequest to "heirs", etc., of particular person without qualifying terms
- ৯৪Bequest to "representatives," etc., of particular person
- ৯৫Bequest without words of limitation
- ৯৬Bequest in alternative
- ৯৭Effect of words describing a class added to bequest to person
- ৯৮Bequest to class of persons under general description only
- ৯৯Construction of terms
- ১০০Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
- ১০১Rules of construction where will purports to make two bequests to same person
- ১০২Constitution of residuary legatee
- ১০৩Property to which residuary legatee entitled
- ১০৪Time of vesting legacy in general terms
- ১০৫In what case legacy lapses
- ১০৬Legacy does not lapse if one of two joint legatees die before testator
- ১০৭Effect of words showing testator's intention to give distinct shares
- ১০৮When lapsed share goes as undisposed of
- ১০৯When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
- ১১০Bequest to A for benefit of B does not lapse by A's death
- ১১১Survivorship in case of bequest to described class
- ৩০৫In respect of causes of action surviving deceased and debts due at death
- ৩০৬Demands and rights of action of or against deceased survive to and against executor or administrator
- ৩০৭Power of executor or administrator to dispose of property
- ৩০৮General powers of administration
- ৩০৯Commission or agency charges
- ৩১০Purchase by executor or administrator of deceased's property
- ৩১১Powers of several executors or administrators exercisable by one
- ৩১২Survival of powers on death of one of several executors or administrators
- ৩১৩Powers of administrator of effects unadministered
- ৩১৪Powers of administrator during minority
- ৩১৫Powers of married executrix or administratrix
Chapter VIIOF VOID BEQUESTS
- ১১২Bequest to person by particular description, who is not in existence at testator's death
- ১১৩Bequest to person not in existence at testator's death subject to prior bequest
- ১১৪Rule against perpetuity
- ১১৫Bequest to a class some of whom may come under rules in sections 113 and 114
- ১১৬Bequest to take effect on failure of prior bequest
- ১১৭Effect of direction for accoumulation
- ১১৮Bequest to religious or charitable uses
- ৩১৬As to deceased's funeral
- ৩১৭Inventory and account
- ৩১৮Inventory to include property in any part of Bangladesh in certain cases
- ৩১৯As to property of, and debts owing to, deceased
- ৩২০Expenses to be paid before all debts
- ৩২১Expenses to be paid next after such expenses
- ৩২২Wages for certain services to be next paid, and then other debts
- ৩২৩Save as aforesaid, all debts to be paid equally and rateably
- ৩২৪Application of moveable property to payment of debts where domicile not in Bangladesh
- ৩২৫Debts to be paid before lgacies
- ৩২৬Executor or administrator not bound to pay legacies without indemnity
- ৩২৭Abatement of general legacies
- ৩২৮Non-abatement of specific legacy when assets sufficient to pay debts
- ৩২৯Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
- ৩৩০Rateable abatement of specific legacies
- ৩৩১Legacies treated as general for purpose of abatement
Chapter VIIIOF THE VESTING OF LEGACIES
- ১১৯Date of vesting of legacy when payment or possession postponed
- ১২০Date of vesting when legacy contingent upon specified uncertain event
- ১২১Vesting of interest in bequest to such members of a class as shall have attained particular age
- ৩৩২Assent necessary to complete legatee's title
- ৩৩৩Effect of executor's assent to specific legacy
- ৩৩৪Conditional assent
- ৩৩৫Assent of executor to his own legacy
- ৩৩৬Effect of executor's assent
- ৩৩৭Executor when to deliver legacies
Chapter IXOF ONEROUS BEQUESTS
- ১২২Onerous bequests
- ১২৩One of two separate and independent bequests to same person may be accepted, and other refused
- ৩৩৮Commencement of annuity when no time fixed by will
- ৩৩৯When annuity, to be paid quarterly or monthly first falls due
- ৩৪০Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment
Chapter XOF CONTINGENT BEQUESTS
- ১২৪Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence
- ১২৫Bequest to such of certain persons as shall be surviving at some period not specified
- ৩৪১Investment of sum bequeathed, where legacy, not specific, given for life
- ৩৪২Investment of general legacy, to be paid at future time: disposal of intermediate interest
- ৩৪৩Procedure when no fund charged with, or appropriated to, annuity
- ৩৪৪Transfer to residuary legatee of contingent bequest
- ৩৪৫Investment of residue bequeathed for life, without direction to invest in particular securities
- ৩৪৬Investment of residue bequeathed for life, with direction to invest in specified securities
- ৩৪৭Time and manner of conversion and investment
- ৩৪৮Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf
Chapter XIOF CONDITIONAL BEQUESTS
- ১২৬Bequest upon impossible condition
- ১২৭Bequest upon illegal or immoral condition
- ১২৮Fulfilment of condition precedent to vesting of legacy
- ১২৯Bequest to A and on failure of prior bequest to B
- ১৩০When second bequest not to take effect on failure of first
- ১৩১Bequest over, conditional upon happening or not happening of specified uncertain event
- ১৩২Condition must be strictly fulfilled
- ১৩৩Original bequest not affected by invalidity of second
- ১৩৪Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
- ১৩৫Such condition must not be invalid under section 120
- ১৩৬Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over
- ১৩৭Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud
- ৩৪৯Legatee's title to produce of specific legacy
- ৩৫০Residuary legatee's title to produce of residuary fund
- ৩৫১Interest when no time fixed for payment of general legacy
- ৩৫২Interest when time fixed
- ৩৫৩Rate of interest
- ৩৫৪No interest on arrears of annuity within first year after testator's death
- ৩৫৫Interest on sum to be invested to produce annuity
Chapter XIIOF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT.
- ১৩৮Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person
- ১৩৯Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee
- ১৪০Bequest of fund for certain purposes, some of which cannot be fulfilled
- ৩৫৬Refund of legacy paid under Court's orders
- ৩৫৭No refund if paid under voluntarily
- ৩৫৮Refund when legacy has become due on performance of condition within further time allowed under section 137
- ৩৫৯When each legatee compellable to refund in proportion
- ৩৬০Distribution of assets
- ৩৬১Creditor may call upon legatee to refund
- ৩৬২When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
- ৩৬৩When unsatisfied legatee must first proceed against executor, if solvent
- ৩৬৪Limit to refunding of one legatee to another
- ৩৬৫Refunding to be without interest
- ৩৬৬Residue after usual payments to be paid to residuary legatee
- ৩৬৭Transfer of assets from Bangladesh, to executor or administrator in country of domicile for distribution
Chapter XIIIOF BEQUESTS TO AN EXECUTOR
- ১৪১Legatee named as executor cannot take unless he shows intention to act as executor
- ৩৬৮Liability of executor or administrator for devastation
- ৩৬৯Liability of executor or administrator for neglect to get any part of property
- ৩৭০Restriction on grant of certificates under this Part
- ৩৭১Court having jurisdiction to grant certificate
- ৩৭২Application for certificate
- ৩৭৩Procedure on application
- ৩৭৪Contents of certificate
- ৩৭৫Requisition of security from grantee of certificate
- ৩৭৬Extension of certificate
- ৩৭৭Forms of certificate and extended certificate
- ৩৭৮Amendment of certificate in respect of powers as to securities
- ৩৭৯Mode of collecting Court-fees on certificates
- ৩৮০Local extent of certificate
- ৩৮১Effect of certificate
- ৩৮২Effect of certificate granted or extended by Bangladesh representative in Foreign State
- ৩৮৩Revocation of certificate
- ৩৮৪Appeal
- ৩৮৫Effect on certificate of previous certificate, probate or letters of administration
- ৩৮৬Validation of certain payments made in good faith to holder of invalid certificate
- ৩৮৭Effect of decisions under this Act, and liability of holder of certificate thereunder
- ৩৮৮Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act
- ৩৮৯Surrender of superseded and invalid certificates
- ৩৯০[Omitted]
- ৩৯১Saving
- ৩৯২[Repealed]
Chapter XIVOF SPECIFIC LEGACIES
- ১৪২Specific legacy defined
- ১৪৩Bequest of certain sum where stocks, etc., in which invested are described
- ১৪৪Bequest of stock where testator had, at date of will, equal or greater amount of stock of same kind
- ১৪৫Bequest of money where not payable until part of testator's property disposed of in certain way
- ১৪৬When enumerated articles not deemed specifically bequeathed
- ১৪৭Retention, in form, of specific bequest to several persons in succession
- ১৪৮Sale and investment of proceeds of property bequeathed to two or more persons in succession
- ১৪৯Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies
Chapter XVOF DEMONSTRATIVE LEGACIES
Chapter XVIOF ADEMPTION OF LEGACIES
- ১৫২Ademption explained
- ১৫৩Non-ademption of demonstrative legacy
- ১৫৪Ademption of specific bequest of right to receive something from third party
- ১৫৫Ademption pro tanto by testator's receipt of part of entire thing specifically bequeathed
- ১৫৬Ademption pro tanto by testator's receipt of portion of entire fund of which portion has been specifically bequeathed
- ১৫৭Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient to pay both legacies
- ১৫৮Ademption where stock, specifically bequeathed, does not exist at testator's death
- ১৫৯Ademption pro tanto where stock, specially bequeathed, exists in part only at testator's death
- ১৬০Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal
- ১৬১When removal of thing bequeathed does not constitute ademption
- ১৬২When thing bequeathed is a valuable to be received by testator from third person; and testator himself, or his representative, receives it
- ১৬৩Change by operation of law of subject of specific bequest between date of will and testator's death
- ১৬৪Change of subject without testator's knowledge
- ১৬৫Stock specifically bequeathed lent to third party on condition that it be replaced
- ১৬৬Stock specifically bequeathed sold but replaced, and belonging to testator at his death
Chapter XVIIOF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A BEQUEST
- ১৬৭Non-liability of executor to exonerate specific legatees
- ১৬৮Completion of testator's title to things bequeathed to be at cost of his estate
- ১৬৯Exoneration of legatee's immoveable property for which land-revenue or rent payable periodically
- ১৭০Exoneration of specific legatee's stock in joint stock company
Chapter XVIIIOF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS
Chapter XIXOF BEQUESTS OF THE INTEREST OR PRODUCE OF A FUND
Chapter XXOF BEQUESTS OF ANNUTIES
- ১৭৩Annuity created by will payable for life only unless contrary intention appears by will
- ১৭৪Period of vesting where will directs that annuity be provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in purchase of annuity
- ১৭৫Abatement of annuity
- ১৭৬Where gift of annuity and residuary gift, whole annuity to be first satisfied
Chapter XXIOF LEGACIES TO CREDITORS AND PORTIONERS
Chapter XXIIOF ELECTION
- ১৮০Circumstances in which election takes place
- ১৮১Devolution of interest relinquished by owner
- ১৮২Testator's belief as to his ownership immaterial
- ১৮৩Bequest for man's benefit how regarded for purpose of election
- ১৮৪Person deriving benefit indirectly not put to election
- ১৮৫Person taking in individual capacity under will may in other character elect to take in opposition
- ১৮৬Exception to provisions of last six sections
- ১৮৭When acceptance of benefit given by will constitutes election to take under will
- ১৮৮Circumstances in which knowledge or waiver is presumed or inferred
- ১৮৯When testator's representatives may call upon legatee to elect
- ১৯০Postponement of election in case of disability
Chapter XXIIIOF GIFTS IN CONTEMPLATION OF DEATH
- ১৯১Property transferable by gift made in contemplation of death
- ১৯২Person claiming right by succession to property of deceased may apply for relief against wrongful possession
- ১৯৩Inquiry made by Judge
- ১৯৪Procedure
- ১৯৫Appointment of curator pending determination of proceeding
- ১৯৬Powers conferrable on curator
- ১৯৭Prohibition of exercise of certain powers by curators
- Payment of debts, etc., to curator
- ১৯৮Curator to give security and may receive remuneration
- ১৯৯Report from Collector where estate includes revenue-paying land
- ২০০Institution and defence of suits
- ২০১Allowances to apparent owners pending custody by curator
- ২০২Accounts to be filed by curator
- ২০৩Inspection of accounts and right of interested party to keep duplicate
- ২০৪Bar to appointment of second curator for same property
- ২০৫Limitation of time for application for curator
- ২০৬Bar to enforcement of Part against public settlement or legal directions by deceased
- ২০৭Court of Wards to be made curator in case of minors having property subject to its jurisdiction
- ২০৮Saving of right to bring suit
- ২০৯Effect of decision of summary proceeding
- ২১০Appointment of public curators
- ২১১Character and property of executor or administrator as such
- ২১২Right to intestate's property
- ২১৩Right as executor or legatee when established
- ২১৪Proof of representative title a condition precedent to recovery through the Courts of debts from debtors of deceased persons
- ২১৫Effect on certificate of subsequent probate or letters of administration
- ২১৬Grantee of probate or administration alone to sue, etc., until same revoked
- ২১৭Application of Part
Chapter IOF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION
- ২৯Application of Part
- ৩০As to what property deceased considered to have died intestate
- ৫৭Application of certain provisions of Part to a class of wills made by Hindus, etc.
- ৫৮General application of Part
- ২১৮To whom administration may be granted, where deceased is a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person
- ২১৯Where deceased is not a Hindu, Muslim, Buddhist, Sikh, Jaina or exempted person
- ২২০Effect of letters of administration
- ২২১Acts not validated by administration
- ২২২Probate only to appointed executor
- ২২৩Persons to whom probate cannot be granted
- ২২৪Grant of probate to several executors simultaneously or at different times
- ২২৫Separate probate of codicil discovered after grant of probate
- ২২৬Accrual of representation to surviving executor
- ২২৭Effect of probate
- ২২৮Administration, with copy annexed, of authenticated copy of will proved abroad
- ২২৯Grant of administration where executor has not renounced
- ২৩০Form and effect of renunciation of executorship
- ২৩১Procedure where executor renounces or fails to accept within time limited
- ২৩২Grant of administration to universal or residuary legatees
- ২৩৩Right to administration of representative of deceased residuary legatee
- ২৩৪Grant of administration where no executor, nor residuary lagatee nor representative of such legatee
- ২৩৫Citation before grant of administration to legate other than universal or residuary
- ২৩৬To whom administration may not be granted
Chapter IIOF LIMITED GRANTS
- ৩১Chapter not to apply to Parsis
- ৩২Devolution of such property
- ৩৩Where intestate has left widow and lineal descendants, or widow and kindred only, or widow and no kindred
- ৩৩ASpecial provision where intestate has left widow and no lineal descendants
- ৩৪Where intestate has left no widow, and where he has left no kindred
- ৩৫Rights of widower Distribution where there are lineal descendants
- ৩৬Rules of distribution
- ৩৭Where intestate has left child or children only
- ৩৮Where intestate has left no child, but grandchild or grand-children
- ৩৯Where intestate has left only great grandchildren or remoter lineal descendants
- ৪০Where intestate leaves lineal desendants not all in same degree of kindred to him, and those through whom the more remote are descended are dead Distribution where there are no lineal descendants
- ৪১Rules of distribution where intestate has left no lineal descendants
- ৪২Where intestate's father living
- ৪৩Where intestate's father dead but his mother, brothers and sisters living
- ৪৪Where intestate's father dead and his mother, a brother or sister, and children of any deceased brother or sister, living
- ৪৫Where intestate's father dead and his mother and children of any deceased brother or sister living
- ৪৬Where intestate's father dead, but his mother living and no sister, brother, nephew or niece
- ৪৭Where intestate has left neither lineal descendant, nor father, nor mother
- ৪৮Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister
- ৪৯Children's advancements not brought into hotchpot
- ৫৯Person capable of making wills
- ৬০Testamentary guardian
- ৬১Will obtained by fraud, coercion or importunity
- ৬২Will may be revoked or altered
- ২৩৭Probate of copy or draft of lost will
- ২৩৮Probate of contents of lost or destroyed will
- ২৩৯Probate of copy where original exists
- ২৪০Administration until will produced
- ২৪১Administration, with will annexed, to attorney of absent executor
- ২৪২Administration, with will annexed, to attorney of absent person who, if present, would be entitled to administer
- ২৪৩Administration to attorney of absent person entitled to administer in case of intestacy
- ২৪৪Administration during minority of sole executor or residuary legatee
- ২৪৫Administration during minority of several executors or residuary legatees
- ২৪৬Administration for use and benefit of lunatic or minor
- ২৪৭Administration pendente lite
- ২৪৮Probate limited to purpose specified in will
- ২৪৯Administration, with will annexed, limited to particular purpose
- ২৫০Administration limited to property in which person has beneficial interest
- ২৫১Administration limited to suit
- ২৫২Administration limited to purpose of becoming party to suit to be brought against administrator
- ২৫৩Administration limited to collection and preservation of deceased's property
- ২৫৪Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration
- ২৫৫Probate or administration, with will annexed, subject to exception
- ২৫৬Administration with exception
- ২৫৭Probate or administration of rest
- ২৫৮Grant of effects unadministered
- ২৫৯Rules as to grants of effects unadministered
- ২৬০Administration when limited grant expired and still some part of estate unadministered
Chapter IIIALTERATION AND REVOCATION OF GRANTS
- ৫০General Principles relating to intestate successionc
- ৫১Division of a male intestate's property among his widow, children and parents
- ৫২Division of a female intestate's property among her widower and children
- ৫৩Division of share of predeceased child of intestate leaving lineal descendants
- ৫৪Division of property where intestate leaves no lineal descendant but leaves a widow or widower or a widow of any lineal descendant
- ৫৫Division of property where intestate leaves neither lineal descendants nor a widow or widower nor a widow of any lineal descendant
- ৫৬Division of property where there is no relative entitled to succeed under the other provisions of this Chapter
- ৬৩Execution of unprivileged wills
- ৬৪Incorporation of papers by reference
- ২৬১What errors may be rectified by Court
- ২৬২Procedure where codicil discovered after grant of administration with will annexed
- ২৬৩Revocation or annulment for just cause
Chapter IVOF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION
- ৬৫Privileged wills
- ৬৬Mode of making, and rules for executing, privileged wills
- ২৬৪Jurisdiction of District Judge in granting and revoking probates, etc.
- ২৬৫Power to appoint Delegate of District Judge to deal with non-contentious cases
- ২৬৬District Judge's powers as to grant of probate and administration
- ২৬৭District Judge may order person to produce testamentary papers
- ২৬৮Proceedings of District Judge's Court in relation to probate and administration
- ২৬৯When and how District Judge to interfere for protection of property
- ২৭০When probate or administration may be granted by District Judge
- ২৭১Disposal of application made to Judge of district in which deceased had no fixed abode
- ২৭২Probate and letters of administration may be granted by Delegate
- ২৭৩Conclusiveness of probate or letters of administration
- ২৭৪Transmission to High Court Division of certificate of grants under proviso to section 273
- ২৭৫Conclusiveness of application for probate or administra-tion if properly made and verified
- ২৭৬Petition for probate
- ২৭৭In what cases translation of will to be annexed to petition. Verification of translation by person other than Court translator
- ২৭৮Petition for letters of administration
- ২৭৯Addition to statement in petition, etc., for probate or letters of administration in certain cases
- ২৮০Petition for probate, etc., to be signed and verified
- ২৮১Verification of petition for probate by one witness to will
- ২৮২Punishment for false averment in petition or declaration
- ২৮৩Powers of District Judge
- ২৮৪Caveats against grant of probate or administration
- Form of caveat
- ২৮৫After entry of caveat, no proceeding taken on petition until after notice to caveator
- ২৮৬District Delegate when not to grant probate or administration
- ২৮৭Power to transmit statement to District Judge in doubtful cases where no contention
- ২৮৮Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in his Court
- ২৮৯Grant of probate to be under seal of Court
- ২৯০Grant of letters of administration to be under seal of Court
- ২৯১Administration-bond
- ২৯২Assignment of administration-bond
- ২৯৩Time for grant of probate and administration
- ২৯৪Filing of original wills of which probate or administration with will annexed granted
- ২৯৫Procedure in contentious cases
- ২৯৬Surrender of revoked probate or letters of administration
- ২৯৭Payment to executor or administrator before probate or administration revoked
- ২৯৮Power to refuse letters of administration
- ২৯৯Appeals from orders of district Judge
- ৩০০Concurrent jurisdiction of High Court Division
- ৩০১Removal of executor or administrator and provision for successor
- ৩০২Directions to executor or administrator
Chapter VOF EXECUTORS OF THEIR OWN WRONG
- ৬৭Effect of gift to attesting witness
- ৬৮Witness not disqualified by interest or by being executor
- ৬৯Revocation of will by testator's marriage
- ৭০Revocation of unprivileged will or codicil
- ৭১Effect of obliteration, interlineations or alteration in unprivileged will
- ৭২Revocation of privileged will or codicil
- ৭৩Revival of unprivileged will
- ৩০৩Executor of his own wrong
- ৩০৪Liability of executor of his own wrong
Chapter VIOF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR
- ৭৪Wording of will
- ৭৫Inquiries to determine questions as to object or subject of will
- ৭৬Misnomer or misdescription of object
- ৭৭When words may be supplied
- ৭৮Rejection of erroneous particulars in description of subject
- ৭৯When part of description may not be rejected as erroneous
- ৮০Extrinsic evidence admissible in cases of patent ambiguity
- ৮১Extrinsic evidence inadmissible in case of patent ambiguity or deficiency
- ৮২Meaning of clause to be collected from entire will
- ৮৩When words may be understood in restricted sense, and when in sense wider than usual
- ৮৪Which of two possible constructions preferred
- ৮৫No part rejected, if it can be reasonably construed
- ৮৬Interpretation of words repeated in different parts of will
- ৮৭Testator's intention to be effectuated as far as possible
- ৮৮The last of two inconsistent clauses prevails
- ৮৯Will or bequest void for uncertainty
- ৯০Words describing subject refer to property answering description at testator's death
- ৯১Power of appointment executed by general bequest
- ৯২Implied gift to objects of power in default of appointment
- ৯৩Bequest to "heirs", etc., of particular person without qualifying terms
- ৯৪Bequest to "representatives," etc., of particular person
- ৯৫Bequest without words of limitation
- ৯৬Bequest in alternative
- ৯৭Effect of words describing a class added to bequest to person
- ৯৮Bequest to class of persons under general description only
- ৯৯Construction of terms
- ১০০Words expressing relationship denote only legitimate relatives or failing such relatives reputed legitimate
- ১০১Rules of construction where will purports to make two bequests to same person
- ১০২Constitution of residuary legatee
- ১০৩Property to which residuary legatee entitled
- ১০৪Time of vesting legacy in general terms
- ১০৫In what case legacy lapses
- ১০৬Legacy does not lapse if one of two joint legatees die before testator
- ১০৭Effect of words showing testator's intention to give distinct shares
- ১০৮When lapsed share goes as undisposed of
- ১০৯When bequest to testator's child or lineal descendant does not lapse on his death in testator's lifetime
- ১১০Bequest to A for benefit of B does not lapse by A's death
- ১১১Survivorship in case of bequest to described class
- ৩০৫In respect of causes of action surviving deceased and debts due at death
- ৩০৬Demands and rights of action of or against deceased survive to and against executor or administrator
- ৩০৭Power of executor or administrator to dispose of property
- ৩০৮General powers of administration
- ৩০৯Commission or agency charges
- ৩১০Purchase by executor or administrator of deceased's property
- ৩১১Powers of several executors or administrators exercisable by one
- ৩১২Survival of powers on death of one of several executors or administrators
- ৩১৩Powers of administrator of effects unadministered
- ৩১৪Powers of administrator during minority
- ৩১৫Powers of married executrix or administratrix
Chapter VIIOF THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR
- ১১২Bequest to person by particular description, who is not in existence at testator's death
- ১১৩Bequest to person not in existence at testator's death subject to prior bequest
- ১১৪Rule against perpetuity
- ১১৫Bequest to a class some of whom may come under rules in sections 113 and 114
- ১১৬Bequest to take effect on failure of prior bequest
- ১১৭Effect of direction for accoumulation
- ১১৮Bequest to religious or charitable uses
- ৩১৬As to deceased's funeral
- ৩১৭Inventory and account
- ৩১৮Inventory to include property in any part of Bangladesh in certain cases
- ৩১৯As to property of, and debts owing to, deceased
- ৩২০Expenses to be paid before all debts
- ৩২১Expenses to be paid next after such expenses
- ৩২২Wages for certain services to be next paid, and then other debts
- ৩২৩Save as aforesaid, all debts to be paid equally and rateably
- ৩২৪Application of moveable property to payment of debts where domicile not in Bangladesh
- ৩২৫Debts to be paid before lgacies
- ৩২৬Executor or administrator not bound to pay legacies without indemnity
- ৩২৭Abatement of general legacies
- ৩২৮Non-abatement of specific legacy when assets sufficient to pay debts
- ৩২৯Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses
- ৩৩০Rateable abatement of specific legacies
- ৩৩১Legacies treated as general for purpose of abatement
Chapter VIIIOF ASSENT TO LEGACY BY EXECUTOR OR ADMINISTRATOR
- ১১৯Date of vesting of legacy when payment or possession postponed
- ১২০Date of vesting when legacy contingent upon specified uncertain event
- ১২১Vesting of interest in bequest to such members of a class as shall have attained particular age
- ৩৩২Assent necessary to complete legatee's title
- ৩৩৩Effect of executor's assent to specific legacy
- ৩৩৪Conditional assent
- ৩৩৫Assent of executor to his own legacy
- ৩৩৬Effect of executor's assent
- ৩৩৭Executor when to deliver legacies
Chapter IXOF THE PAYMENT AND APPORTIONMENT OF ANNUITIES
- ১২২Onerous bequests
- ১২৩One of two separate and independent bequests to same person may be accepted, and other refused
- ৩৩৮Commencement of annuity when no time fixed by will
- ৩৩৯When annuity, to be paid quarterly or monthly first falls due
- ৩৪০Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment
Chapter XOF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES
- ১২৪Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence
- ১২৫Bequest to such of certain persons as shall be surviving at some period not specified
- ৩৪১Investment of sum bequeathed, where legacy, not specific, given for life
- ৩৪২Investment of general legacy, to be paid at future time: disposal of intermediate interest
- ৩৪৩Procedure when no fund charged with, or appropriated to, annuity
- ৩৪৪Transfer to residuary legatee of contingent bequest
- ৩৪৫Investment of residue bequeathed for life, without direction to invest in particular securities
- ৩৪৬Investment of residue bequeathed for life, with direction to invest in specified securities
- ৩৪৭Time and manner of conversion and investment
- ৩৪৮Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on his behalf
Chapter XIOF THE PRODUCE AND INTEREST OF LEGACIES
- ১২৬Bequest upon impossible condition
- ১২৭Bequest upon illegal or immoral condition
- ১২৮Fulfilment of condition precedent to vesting of legacy
- ১২৯Bequest to A and on failure of prior bequest to B
- ১৩০When second bequest not to take effect on failure of first
- ১৩১Bequest over, conditional upon happening or not happening of specified uncertain event
- ১৩২Condition must be strictly fulfilled
- ১৩৩Original bequest not affected by invalidity of second
- ১৩৪Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen
- ১৩৫Such condition must not be invalid under section 120
- ১৩৬Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over
- ১৩৭Performance of condition, precedent or subsequent, within specified time. Further time in case of fraud
- ৩৪৯Legatee's title to produce of specific legacy
- ৩৫০Residuary legatee's title to produce of residuary fund
- ৩৫১Interest when no time fixed for payment of general legacy
- ৩৫২Interest when time fixed
- ৩৫৩Rate of interest
- ৩৫৪No interest on arrears of annuity within first year after testator's death
- ৩৫৫Interest on sum to be invested to produce annuity
Chapter XIIOF THE REFUNDING OF LEGACIES
- ১৩৮Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person
- ১৩৯Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee
- ১৪০Bequest of fund for certain purposes, some of which cannot be fulfilled
- ৩৫৬Refund of legacy paid under Court's orders
- ৩৫৭No refund if paid under voluntarily
- ৩৫৮Refund when legacy has become due on performance of condition within further time allowed under section 137
- ৩৫৯When each legatee compellable to refund in proportion
- ৩৬০Distribution of assets
- ৩৬১Creditor may call upon legatee to refund
- ৩৬২When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid in full to refund
- ৩৬৩When unsatisfied legatee must first proceed against executor, if solvent
- ৩৬৪Limit to refunding of one legatee to another
- ৩৬৫Refunding to be without interest
- ৩৬৬Residue after usual payments to be paid to residuary legatee
- ৩৬৭Transfer of assets from Bangladesh, to executor or administrator in country of domicile for distribution
Chapter XIIIOF THE LIABILITY OF AN EXECUTOR OR ADMINISTRATOR FOR DEVASTATION
- ১৪১Legatee named as executor cannot take unless he shows intention to act as executor
- ৩৬৮Liability of executor or administrator for devastation
- ৩৬৯Liability of executor or administrator for neglect to get any part of property
- ৩৭০Restriction on grant of certificates under this Part
- ৩৭১Court having jurisdiction to grant certificate
- ৩৭২Application for certificate
- ৩৭৩Procedure on application
- ৩৭৪Contents of certificate
- ৩৭৫Requisition of security from grantee of certificate
- ৩৭৬Extension of certificate
- ৩৭৭Forms of certificate and extended certificate
- ৩৭৮Amendment of certificate in respect of powers as to securities
- ৩৭৯Mode of collecting Court-fees on certificates
- ৩৮০Local extent of certificate
- ৩৮১Effect of certificate
- ৩৮২Effect of certificate granted or extended by Bangladesh representative in Foreign State
- ৩৮৩Revocation of certificate
- ৩৮৪Appeal
- ৩৮৫Effect on certificate of previous certificate, probate or letters of administration
- ৩৮৬Validation of certain payments made in good faith to holder of invalid certificate
- ৩৮৭Effect of decisions under this Act, and liability of holder of certificate thereunder
- ৩৮৮Investiture of inferior Courts with jurisdiction of District Court for purposes of this Act
- ৩৮৯Surrender of superseded and invalid certificates
- ৩৯০[Omitted]
- ৩৯১Saving
- ৩৯২[Repealed]
