The Indian Succession Act, 1925 (Act No. 39 of 1925)
The Indian Succession Act, 1925 (Act No. 39 of 1925), as on the 19th June, 2026, is a Central Act that sets out rules on succession, including intestate succession and testamentary succession (wills and codicils). It covers topics such as domicile, marriage related property effects, degrees of kindr...
What this document is
The Indian Succession Act, 1925 (Act No. 39 of 1925), as on the 19th June, 2026, is a Central Act that lays down legal rules for succession, meaning how a deceased person’s property passes to others. It includes rules for intestate succession (when there is no will) and testamentary succession (when there is a will), and it also covers related concepts like domicile and degrees of relationship.
Who issued it, and whether it has been amended
The document is titled The Indian Succession Act, 1925 (Act No. 39 of 1925). The version shown is updated and lists multiple amending and repealing and amending Acts, including The Indian Succession (Amendment) Act, 1926 (37 of 1926), The Indian Succession (Amendment) Act, 2002 (26 of 2002), The Repealing and Amending Act, 2025 (37 of 2025), and The Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026).
What it governs
- Preliminary matters, including the short title and definitions.
- Domicile, including how domicile affects succession to immoveable and moveable property, and rules on domicile of origin, acquisition of new domicile, and special rules such as a minor’s domicile and a wife’s domicile during marriage.
- Marriage related provisions, including that interests and powers are not acquired nor lost by marriage, and the effect of marriage between a person domiciled and one not domiciled in India.
- Consanguinity (relationship by blood), including lineal and collateral consanguinity, and how degrees of kindred are computed for succession.
- Intestate succession, including:
- When property is considered to have been died intestate.
- Rules for intestates other than Parsis, including distribution where there are lineal descendants and where there are no lineal descendants, and rights of widower.
- Special rules for Parsi intestates, including division among widow, widower, children and parents.
- Testamentary succession, including:
- Application and general application of the part on wills.
- Wills and codicils, including capacity to make wills, wills obtained by fraud, coercion or importunity, and revocation or alteration.
- Execution of unprivileged wills and privileged wills.
- Attestation, revocation, alteration and revival, including revocation by marriage and effect of obliteration or alteration.
- Construction and interpretation of wills, including ambiguity, misdescription, and rules on lapsing and residuary legatees.
- Rules on void bequests, vesting of legacies, onerous bequests, contingent and conditional bequests, specific and demonstrative legacies, and ademption of legacies.
Why it matters for property buyers and owners in Tamil Nadu
- It affects how a deceased owner’s immoveable and moveable property may pass to heirs when there is no will.
- It affects how a will is made, witnessed, revoked, and interpreted, which can directly impact title and inheritance claims.
- It includes rules that depend on relationship (kindred) and, in some cases, special rules for Parsi intestates.
State Government power mentioned
The Act includes a provision on the power of the State Government to exempt any race, sect or tribe in the State from operation of the Act.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does this Act cover both inheritance without a will and inheritance through a will?
Yes. It contains a part on intestate succession and a separate part on testamentary succession, including wills and codicils.
Does the Act include rules on how to make and revoke a will?
Yes. It lists topics such as execution of unprivileged wills, privileged wills, attestation, revocation (including revocation by marriage), alteration, and revival.
Are there separate intestate succession rules for Parsis?
Yes. The contents list a chapter of special rules for Parsi intestates, including division of property among widow, widower, children and parents.
Can the State Government exempt some groups from the Act?
Yes. The contents include a provision on the power of the State Government to exempt any race, sect or tribe in the State from operation of the Act.
