SUCCESSION ACT, 1925

[Contents] ' Succession Act, 1925 SUCCESSION ACT, 1925 CONTENTS.'' Parti PRELIMINARY Preamble. 1 1. Short title, extent and commencement. 2 2. Definitions.. " ' 16 3. Power of Provincial Government to exempt any race, 17 -.: sect or tribe in the Province from operation of Act. Part II. OFDOMICILE 4." Application of Part. " : 18 5. Law regulating succession to deceased person's 19 immovable and movable property respectively. 6. One domicile only effects succession to movables 25 7. Domicile of origin of person of legitimate birth. 25 8. Domicile of- origin of illegitimate child. 26 9. Continuance of domicile of origin. 26 10. Acquisition of new domicile. 26 11. Special mode of acquiring domicile in Pakistan. 28 12. Domicile not acquired by residence as representative of 29 foreign Government or as part of his family. 13. Continuance of new domicile...2 9 14. Minor's domicile. 29 15. Domicile acquired by woman on marriage. 3 1 16. Wife's domicile during marriage 3i 17. Minor's acquisition of new domicile. 32 18. Lunatic's acquisition of new domicile. 32

2, Succession Act, 1925 [Contents] 19. Succession to movable property in Pakistan. '...3 2 Part III MARRIAGE 20. Interests and powers not acquired nor lost by marriage...... 33 21. Effect of marriage between persons domiciled and one... 34 not domiciled In Pakistan. 22. Settlement, of minor's property in contemplation of 37 marriage, PartIV OF CONSANGUINITY 23. Application of Pan., 37 24. Kindred or consanguinity.,-.. 38 25. Lineal Consanguinity.... 39 26. Collateral Consanguinity. 40 27. Persons held for purpose of succession to be similarly 40 related to deceased. 28. Mode of computing degrees of kindred. ;.,..- 41 PartV INTESTATE SUCCESSION Chapter! PRELIMINARY 29. Application of Part. '...: 43 30. As to what property deceased considered to have died 44 intestate. ' -. -. Chapter II RULES IN CASES OF INTESTATES OTHERS THAN PARSIS 31. Chapter not to apply to Parsis..4 4 32. Devolution of such property.... 45 33. Where intestate has left widow and lineal descendant, 45 or widow and kindred only, or widow and no kindred.

[Contents] Succession Act, 1925 3 33-A. Special provision where intestate has left widow and no 47 lineal descendants. 34. Where intestate has left no widow, and where he has 48 left no kindred. 35. Right of widow. 49 36. Rules of distribution. 49 37. Where intestate has left child or children only..' 49 38. Where intestate has left no child, but grandchild or...... 50 grand children. 39. Where in estate has left only great children or remoter... 50 lineal descendants. 40. Where intestate leaves lineal descendants not all in 51 same degree of kindred to him, and those through whom the.more remote are descended are dead. 41. Rules of distribution where intestate has left no lineal 52 descendants.. 42. Where intestate's father living. 52 43. Where intestate's father dead, but his mothers and.'. 53 sisters living. 44. Where intestate's father dead and his mother, a brother 53 or sister, and children of any deceased brother or sister living. 45. Where intestate's father dead and his mother and 54 children of any deceased brother or sister living. 46. Where intestate's father dead, but his mother living and 54 no sister brother, nephew or niece. 47. Where intestate has left neither lineal descendant, nor 54 father nor mother. 48. Where intestate has left neither lineal descendant, nor 55 parent, nor brother, nor sister. 49. Children's advancements not brought into hotchpot. 56 Chapter III SPECIAL RULES FOR PARSI INTESTATES 50. General Principles relating to intestate succession. 56 51. Division of a male intestate's property among his 57 widow, children and parents:

4 Succession Act,. 1925- [Contents] 52. Division of a female intestate's property among her... 57 widower and children:». * 53. Division of share of predeceased child of intestate 58 leaving lineal descendants. 5.4. Division.of property where intestate leaves no lineal...'.,... 59 descendant but leaves a widow or widower or a widow of any lineal descendant. 55. Division of property where intestate le'aves neither... 60 lineal descendants nor widow or widower nor a widow * " of any lineal descendant. 56. Division of property where there is iio-relative entitled 60 ' to succeed under the other provisions of this Chapter. * Part VI TESTAMENTARY*SUCCESSION Chapter I Introductory. - * 57. Application of certain provisions of Part to a class of 61 wills made by Hindus, etc.. 58. General application of Part. '. 62, Chapter II. OF WILLS AND CODICILS 59. Person capable of making wills. 66 60. Testamentary guardian. -70 61. Will obtained by fraud, coercion or importunity. 71 62. Will may be revoked or altered. 74 Chapter III OF THE EXECUTION OF UNPRIVILEGED WILL 63. Execution of unprivileged wills. : 75 64. Incorporation of papers by reference. 76 Chapter IV OF PRIVILEGED WILLS 65. - Privileged wills. '. 77

[Contents] Succession Act, 1925 5 66. Mode of making; and rules for executing privileged.. 78 wills. '".- Chapter V OF THE ATTESTATION, REVOCATION, "ALTERATION & REVIVAL OF WILLS. 67. Effect of gift to attesting witness. ' 70 68. Witness not disqualified by interest or by being '80 executor. - 69. Revocation of will by testator's marriage, :.. 80 70. Revocation of unprivileged will or codicil. 80 71. Effect of obliteration, interlineation or alteration in.,.. 81 unprivileged will. 72. Revocation of,privileged will or codicil....8 2 73. Revival of unprivileged will. 82 Chapter IV ' :. OF THE CONSTRUCTION OF WILLS 74..Wording of will. " '.. 83 75. Inquiries to determine questions as to object or subject 84 of will., 76. Misnomer or misdescription of object. 85 77. When words may be supplied. 87 78. Rejection of erroneous particulars in description of 88 subject..! 79. When part of description may not be rejected as 89 erroneous. 80. Extrinsic evidence admissible in cases of patent 90 ambiguity. 81. Extrinsic evidence inadmissible in case of patent 91 ambiguity or deficiency. 82. Meaning of clause to be collected from entire will. 92 83. When words may be understood in restricted sense, and 92 when in sense wider than usual. 84. Which of two possible constructions preferred. 93

6 Succession Act, 1925 [Contents] 85. No part rejected, if it can be reasonably construed.... 93 86. Interpretation of words repeated in different parts of 94 will. 87. Testator's intention to be effectuated as far as possible.. 94 88. The last of two inconsistent clauses prevail.... 95 89. Will or bequest void for uncertainty: ;......9 6 90. Words describing subject refer to property answering 96, description at testator's death. 91. Power of appointment executed by. general bequest.... 97 92. Implied gift to objects of power in default of 91 appointment. 93. Bequest to "heirs", etc. of particular person without 98 qualifying terms. 94. Bequest to "representatives, etc., of particular person. :. 98 95.. Bequest without words of limitation. 99 "96. Bequest in alternative. 99 97. Effect of words describing a class added to bequest to.. 100 person. 98. Bequest to class of persons under general description... 101 only.. 99. Construction of terms.... 101 100. Words expressing relationship denote only legitimate 102 relatives or failing such relatives reputed legitimate. 101. Rules of construction where will purports to make two ;.'. 103 bequests to same person. 102.. Constitution of residuary legatee.... 106 103. Property to which residuary legatee entitled. ',. 107 104. Time of vesting legacy in general terms. 107 105. In what case legacy lapses... 107 106. Legacy does not lapse if one of two joint legatees dies 108 before testator. 107. Effect of words showing testator's intention to give 108 distant shares. 108. When lapsed share goes as undisposed of. 109 '

[Contents] Succession Act, 1925 7 109. When bequest to testator's child or lineal descendant, 110 does not lapse on his death in testator's life-time. 110. Bequest to A for benefit of B does not lapse by A's 110 death. 111. Survivorship in case of bequest of described class. 110 Chapter VII OF VOID BEQUESTS 112. Bequest to person by particular description, who is not..,.. 112 existence at testator's death. 113. Bequest to person not in existence at testator's death 113 subject to prior bequest.. 114. Rule against perpetuity., 114 115. Bequest to a class some of whom may come under rules r.. 116 : in sections 113 and 114.. 116. Bequest to take effect on failure of prior bequest.. 117 117. Effect of direction for accumulation. 117 118. Bequest to religious or charitable uses. 118 Chapter VII OF VOID BEQUESTS 119. Date of vesting of legacy when payment or possession 120 postponed. 120. Date of, vesting when legacy contingent upon specified 123 uncertain event. Chapter VIII OF THE VESTING OF LEGACIES 121. Vesting of interest in bequest to such members of a 125 class as shall have attained particular age. 122. Onerous bequests. 126 123. One of two separate and independent bequests' to same 126 person may be.accepted, and other refused. 124. Bequest contingent upon specified uncertain event, no 127 time being mentioned for its occurrence.

8 Succession Act, 1925 [Contents] 125. Bequest to such of certain persons as shall be 128 surviving at some period not specified. Chapter XI OF CONDITIONAL BEQUESTS 126. Bequest upon impossible condition.......129 127. Bequest upon illegal or immoral condition. '... 130 128. Fulfillment of condition precedent to vesting of legacy,... 131 129. Bequest to A and on failure of prior bequest to B. 132-130. When second bequest not to take effect on failure of... 133 first. ' " : 131. Bequest over, conditional upon happening or not 133 * happening of specified uncertain event. * 132. Condition must be strictly fulfilled. '... 133 133. Original bequest not affected by invalidity of second. 135 134. Beq'uest conditioned that it shall cease to have effect in 135 case a specified uncertain event shall happen, or not happen., 135. Such condition must not be invalid under section 120. 136 136. Result of legatee rendering impossible or indefinitely... 136 postponing act for which no time specified, and "on rion-, performance of which subject-matter to go over. 137. Performance of condition, precedent or subsequent, 137 within specified time-further time in case of fraud. Chapter XII. OF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT 138. Direction that fund be employed in particular manner 137 following absolute bequest of same to or for benefit of any person. 139. Direction that the- mode of enjoyment of absolute 138 bequest is to be restricted to secure specified, benefit for legatee. \ 140. Bequest of fund for certain purposes some of which 138 - cannot be fulfilled.

[Contents] Succession Act, 1925 9 Chapter XIII OF BEQUESTS TO AN EXECUTOR 141. Legatee named as executor cannot take unless he shows 139 intention to act as executor. Chapter XIV OF SPECIFIC LEGACIES 142. Specific legacy.defined'. 139 143. Bequests of certain sum where stocks, etc., in which 143 invested are described. 144. Bequest of stock where testator had, at date of will, 143 equal for greater amount of stock of same kind. 145. Bequest of money, where not payable until part of 144 testator's property disposed of in certain way. 146. When enumerated articles not deemed specifically., :... 144 bequeathed.. 147. Retention in form of specific bequest to several persons 144 in succession. 148: Sale and investment of proceeds of property bequeathed..-... 145 to two or more persons in succession. 149. Where deficiency of assets to pay legacies, specific 145 legacy not to abate with general legacies. Chapter XV OF DEMONSTRATIVE LEGACIES 150. Demonstrative legacy defined. 146 151. Order of payment when legacy directed to be paid out 147 of fund the subject of specific legacy. Chapter XVI OF ADEMPTION OF LEGACIES 152. Ademption explained. 147 153. Non-ademption of demonstrative legacy. 148 154. Ademption of specific bequest of right to receive 149 something from third party.

10 Succession Act, 1925 [Contents] 155. Ademption pro tanto by testator's receipt of part of, 149 entire thing specifically bequeathed. 156. Ademption pro tanto by testator' s receipt of portion of 150 entire fund of which portion has been specifically bequeathed.. 157. Order of payment where portion of fund specifically... 150 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. 158. Ademption where stock, specifically bequeathed, does 150 not exist at testator's death.., 159. Addition pro tanto where stock, specifically 151 bequeathed, exists in part only the testator's death. 160. Non-ademption of specific bequest of goods described 151 as connected with certain place, by reason of removal. 161. When removal of thing bequeathed does not constitute... 162 ademption. 162. When thing bequeathed is a valuable to be received by 162 testator from third person and testator himself, or his representative, receives it. 163. Change by operation of law of subject of specific 153 bequest between date of will and testator's death. 164. Change of subject without testator's knowledge. 154 165. Stock-specifically bequeathed lent"to third party on 154 condition that it be replaced. 166. Stock specifically bequeathed sold but replaced, and 154. belonging to testator at his death. Chapter XVII OF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A BEQUEST 167. Non-Liability to exonerate specific legacies; 155 168. Completion of testator's title to things bequeathed to be 155 at cost.of his estate. 169. Exoneration of legatee's immovable property for which 156 land-revenue or rent payable periodically. 170. Exoneration of specific legatee's stock-in joint stock 156 company.

[Contents] Succession Act, 1925 11 Chapter XVIII OF'BEQUEST OF THINGS DESCRIBED IN GENERAL TERMS 171. Bequests of things described in general terms., 158 Chapter XIX OF BEQUESTS OF INTEREST OR PRODUCE OF A FUND 172. Bequest of interest or produce of fund. 158 ChapterXX OF BEQUESTS OF ANNUITIES 173. Annuity created by will payable for life only unless... 159 contrary intention appears by.will. : 174. Period of yesfing. where will directs that annuity...: 160 provided out of proceeds of property, or out of property generally, or where money bequeathed to be invested in annuity. 175. Abatement of annuity....160 176. Where gift annuity and residuary gift, whole annuity to 160 be first satisfied. 177. Creditor prima facie entitled to legacy as debt.. 161 178. Child prima facie entitled to legacy as well as portion.... 161 179. No ademption by subsequent provision for legatee. 162 Chapter XXII OF ELECTION 180. Circumstances in which election takes place. 163 181. Devolution of interest relinquished by owner. 165 182. Testator's belief as to his ownership immaterial. 165 183. Bequest for man's benefit how regarded for purpose of 166 election. 184. Person deriving benefit indirectly not put to election. 166 185 Person taking individual capacity under will may in 167 other character elect to take in opposition.

\ 12 Succession Act, 1925,' [Contents] 186. Exception to provisions of last six sections. 167 187. When acceptance of benefit given by will..:... 167 constitutes election to take under will, 188. Circumstances in which knowledge or waiver is 168 presumed or inferred.. 189. When testator's representatives may call upon 169 legatee to elect.. - 190. Postponement of election in case of disability..,,..,.. 169 Chapter XXII OF GIFTS IN CONTEMPLATION OF DEATH 191 Property transferable by gift made in contemplation of 169 death., Part VII PROTECTION OF PROPERTY OF DECEASED 192. Person claiming right by succession to property of ;..:... 171 deceased may apply for relief against wrongful possession. 193. Inquiry made by Judge....'...- 172 194. Procedure. *" -' :.[ '...:.:... 173 195. Appointment of curator pending determination of... 173 proceedings. 196. Powers eonferrable on curator. ' 174 197. Prohibition of exercise of certain powers by xurators- 175 Payment of debts, etc, to curator. 198. Curator to give security and may receive remuneration 175 199. Report from Collector where estate includes revenue 176 paying land. " ', ' 20ft. Institution and defence of suits.... 176 201. Allowance to apparent owners pending custody by 176 curator. 202. Accounts to be filed by curator.... 177 203. Inspection of accounts and right of interested party to 177 keep duplicate. v 204. Bar to appointment of second curator for same... A... 177 property.

[Contents] Succession Act, 1925 13 205. Limitation of time for application by curator. 178 206. Bar to enforcement of part against Public Settlement or 178 legal direction by deceased. 207. Court of Wards to be made curator in case of minors 179. having property subject to its jurisdiction. 208. Saving of right to bring suit., 179 209. Effect of decision of summary proceeding. 179 ;210. Appointment of public curators. 180 Part VIII REPRESENTATIVE TITLE TO PROPERTY OF DECEASED ON SUCCESSION. 211. Character and property of executor or administrator as 180 such... 212. Right to intestate's property. 182 213. Right as executor or legatee when established.... 184 214. Proof of representative title a condition precedent to 185 recovery through the Courts of debts from debtors of deceased persons. 215. Effect on certificate of subsequent probate or letters of... 189 administration.. '. ' 216. Grantee of-probate or administration alone to sue, etc. 190 until same revoked.. Part IX PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED 217. Application of part. 191 Chapter I OF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION 218. To whom administration may be granted, where 193 deceased is a Hindu, Muhammadan, Buddhist. Sikh. Jaina or exempted person. 219. Where deceased is not a Hindu, Muhammadan, 196 Buddhist, Sikh, Jaina or exempted person.

-. 14 Succession Act, 1925 [Contents] 220. Effect of letters of administration....198 221. Act not validated by administration.. 198 222. Probate only to appointed executor. 198 223. Persons to whom probate cannot be granted.. 199 224. Grant of probate to several executors simultaneously or... 199 at different times. 225. Separate probate of codicil discovered after grant of 200. probate.. 226. Accrual of representation to surviviag executor.... 200 227. Effect of probate..'.. - - 200 228. Administration, with copy annexed, of anthentieated 200 copy of will proved abroad. '., '. ' 229. Grant of administration where executor has not.202. renounced. 230. Form and effect of renunciation of, * 204 executorship. 231. Procedure where executor renounces or fails 204 to accept within time limited. 232. Grant of administration to universal or 205 residuary legatees. i 233. Right to administration of representative of 208 deceased residuary legatee. 234. Grant of administration where no executor nor..209 residuary legatee nor representative of such legatee. 235. Citation before grant of administration to 209 legatee other than universal or residuary. 236. To whom administration may not be granted. 209 Chapter II OF LIMITED GRANTS Grants limited in duration 237. Probate of copy or draft of lost will. 209 238. Probate of contents of lost or destroyed will. 210 239. Probate of copy original exists. 210 240.. Administration until will produced. 210

[Contents] Succession Act, 1925 15 241. Administration with will annexed, to attorney of absent 210 executor 242. Administration, with will annexed, to attorney of absent 211 person who, if present, would be entitled to administer.. 243. Administration to attorney of absent person entitled to 212 administer in case of intestacy. 244. Administration during minority of sole executor or 212 residuary legatee. 245. Administration during minority of several executors or 212 residuary legatees. 246. Administration for use and benefit of lunatic or minor 212 247. Administration pendente lite.. 213 Grants for special purposes 248. Probate limited to purpose specified in will. 213 249. Administration, with will annexed, to particular 213 purpose. 250. Administration limited to property in which person has 214 beneficial interest. 251. Administration limited to suit. 214 252. Administration limited to purpose of becoming part to 215 suit to be brought against administrator., 253. Administration limited to collection and preservation of 215. deceased's property. 254. Appointment, as administrator, of person other than 216 one who in ordinary circumstances would be entitled to administration. Grants With Exception 255. Probate or administration, with will annexed, subject to 216 exception. 256. - Administration with exception. 217 Grants of the Rest 257. Probate or administration or administration of rest. * 217 Grant of Effects Unadministered 258. Grant of effects unadministered. 217

' ' ' ' - '.! 16 Succession Act, 1925 [Contents] f f ' r 259. Rules as to grants of effects unadminstered.... 217 j 260. Administration when limited grant expired and still 218 I some part of estate unadministered. { Chapter III ALTERATION AND REVOCATION OF GRANTS 261. What errors may be rectified by Court. 218 262. Procedure where codicil discovered after grant of..219 administration with will annexed. 263. Revocation or annulment for just cause.... 219 CHAPTER VI OF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF ADMINISTRATION 264. Jurisdiction of District Judge in granting and revoking 220 probates, etc. ' 265. Power to appoint Delegate of District Judge to deal 223 with non-contentions cases. ' 266. District Judge's powers as to grant of probate and...: 224 administration. 267. District Judge may order person to produce 225 testamentary papers. 268. Proceedings of District Judge's Court in relation io.,;. 226 probate and administration. 269. When and how District Judge to'interfere for protection..>...'. 227 of property. 270. When probate or administration may be granted.by 228 District Judge., 271. Disposal of application made to Judge of district in 229 which deceased had no fixed.abode. 272. Probate and letters of administration may be granted by 230 Delegate. 273. Conclusiveness of probate or letters of administration 229 274. Transmission to High Court of certificate of grants 232 under proviso to section 273.

[Contents]. Succession Act, 1925 17 275. Collusiveness of application for probate or 232 administration if properly made and verified. 276. Petition for probate, 233 277. In what cases translation of will to be annexed to 234 petition:" 278. Petition for letters of administration. 235 279. Addition to statement in petition, etc, for probate or 244 letters of administration in certain cases.. 280. Petition for probate, etc, to be signed and verified.. :.. 245 281. Verification of petition for probate by one witness to.245 w i l l.. / " 282. Punishment for false averment in petition or 245 declaration.. 283. Powers of District Judge., 246 284. Caveats against grant of probate or administration..,247 285. 'After entry of caveat no proceeding taken on petition 247 until after notice to caveator. 286. District Delegate when not to grant probate or 248 administration. 287. "Power to transmit statement to District Judge in 249 doubtful cases where no contention. 288. Procedure where there is contention or District 249 Delegate thinks probate or letters of administration should be refused in his Court. 289. Grant of probate to be under seal of Court. 250 290. Grant of letters of administration to be under seal of 250 Court. 291.- Administration bond. 251 292. Assignment of administration borid. 252 293. Time for grant of probate and administration. 252 294. Filing of original wills of which probate or 253 administration with will annexed granted. 295. Procedure in contention cases. 253. 296. Surrender of. revoked probate or letters of 254 administration.

18 Succession Act, 1925 [Contents] 297. Payment to executor or administrator before probate or 254 administration revoked. 298. Powers to executor or administration. -254 299. Appeals from orders of District Judge. 255 300. Concurrent jurisdiction of High Court. >...256 301. Removal of executor or administrator and provision for :.. 258 successor. 302. Directions to executor or administrator. 259 Chapter V OF EXECUTORS OF THEIR OWN WRONG 303. Executor of his own wrong.. 259 304. Liability of executor^of his own wrong....; 260 Chapter VI OF THE POWERS OF AN. EXECUTOR OR ADMINISTRATOR 305. In respect of causes of section surviving deceased and 262 debts due at death. 306. Demands and rights of action of or against deceased 262 survive to and against executor or administrator. 307. Power of executor or administrator to dispose of 265 property. 308. General powers of administration. 267 309. Commission or agency charges. 268 310. Purchase by executor or administrator of deceased's 269 property. 311. Power of Several executors or. administrators 269 exercisable by one. 312. Survival of powers on death of one of several executors 270 or administrators. 313. Power of administrator of effects unadministered. 270 314. Power of administrator during minority. 270 315. Power of married executrix or administratrix. 270

[Contents] Succession Act, 1925 " 1 9 Chapter VII OF THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR 316. As to deceased's funeral. 271 317: Inventory and account. 271 318. Inventory to include property in any part of Pakistan in 272 certain cases. 319. As to property of and debts.owing to deceased. 272 320. Expenses to be paid before all debts. 273 321. Expenses to be paid next after such expenses.,: 273 322. Wages for certain services to be next,paid, and then 273 other debts. 323. Save as aforesaid, all debts to be paid equally and 274 rateably. 324. Application of movable property to payment of debts 274 where domicile not in Pakistan. 325. Debts to be paid before legacies. 275 326. Executor or administrator not bound to pay legacies 275 without indemnity. 327. Abatement of general legacies..275 328. Non-abatement of special legacy when assets sufficient 275 to pay debts. 329. Right under demonstrative legacy when assets sufficient 275 to pay debts and necessary expenses. 330. Rateable abatement of specific legacies..276 331. Legacies treated as general for purpose of abatement 276 Chapter VIII OF ASSENT TO A LEGACY BY EXECUTOR OR ADMINISTRATOR 332. Assent necessary to complete legatee's title. 276 333. Effect of executor's assent to specific legacy. 277 334. Conditional assent., 279 335. Assent of the executor to his own legacy. 280

20 Succession Act, 1925 [Contents] 336. Effect of executor's assent. '...280 337. Executor when to deliver legacies....281 Chapter IX OF THE PAYMENT AND APPORTIONMENT OF ANNUITIES 338. Commencement of annuity when no time fixed by will. '. 281 339. When annuity, to be paid quarterly or monthly, first 281. falls due. 340. Dates of successive payments when first payment,.. 282 directed to be made within a given time or on a day" certain: death of annuitant before date of payment. Chapter X OF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES 341. Investment of sum bequeathed, where legacy, not... 282 specific, given for life... - 342. Investment of general legacy, to be paid at future time: 282 disposal of intermediate interest. 343. Procedure when no fund charged with, or appropriated... 283 to annuity. '. - -. 344. Transfer to residuary legatee of contingent bequest.....: '.. 283 345. Investment of residue bequeathed for life, without 283 direction to invest in particular securities.. 346. Investment of residue bequeathed for life, with 284 direction to invest in specified securities. 347. Time and manner of conversion and investment. 284 348. Procedure where minor entitled to immediate, payment 285 or possession of bequest, and no direction to person to pay to on his behalf. Chapter XI OF THE PRODUCE AND INTEREST OF LEGACIES '349. Legatee's title to specific legacy...' ;. 285 350. Residuary legatee's title to produce of residuary fund.... 286

[Contents] Succession Act, 1925 21 351. Interest when no.time fixed for payment of general 287 legacy 352. Interest when time fixed.- '... 287 353. Rate of Interest.. 287 354. No interest on arrears of annuity within first year after 288 testator's death. ' * 355: Interest on sum to be invested to produce annuity. 288 Chapter XII OF THE REFUNDING LEGACIES 356. Refund Of legacy paid under Court's orders. 288 357. No refund if paid voluntarily. 288 358. Refund when legacy has become due on performance of.'. -. 289 condition within further time allowed under section 137. " ' 359. When each legatee compellable to refund in proportion 289 360. Distribution of assets....289 361. Creditor may call upon legatee to refund. 290 362. When legatee not satisfied or compelled to refund under 290 section 361, cannot oblige one paid in full to refund. 363. When satisfied legatee must first proceed against 291 executor, if solvent. 364. Limit to.refunding of one legatee to another....291 365. Refunding to be without interest. 291 366. Residue after usual payments to be paid to residuary 291 legatee. 367. Transfer of assets from Pakistan to executor or 292 administrator in country of domicile for distribution. Chapter XIII OF THE LIABILITY OF AN EXECUTOR OR ADMINISTRATOR FOR DEVASTATION 368. Liability of executor or administrator for devastation 292 369. Liability of executor or administrator, for neglect to get 293 any part of property.

22 Succession Act, 1925 [Contents] PartX SUCCESSION CERTIFICATES 370. Restriction on grant'of certificates under this Part..293 371. Court having jurisdiction to grant certificate....301 372. Application for Certificate...303 373. Procedure on application. 312 374. Contents of certificate. 319 375. Requisition of security from grantee of certificate... :...321 376. Extension of certificate.... 323 377. Form of certificate and extended certificate.... 324 378. Amendment of certificate in respect of powers^ as to...324 securities. 379. Mode of collecting court-fees on certificates. 325 380. Local extent of certificate. * 326 381. Effect of certificate. 326 382. Effect of certificate granted or extended by Pakistan's 327 representative in Foreign State. 383. Revocation of certificate. " t...327 384. Appeal,. 330 385. Effect on certificate of previous certificate, probate or... 334 letters of administration. 386. Validation of certain payments made in good faith to 335 holder of invalid certificate. 387. Effect of decisions under this Act, and liability of 335 holder of certificate thereunder. 388. Investiture of. inferior Courts with jurisdiction of 336 District Court for purposes of this Act. 389. Surrender of superseded and invalid certificate. 338 390. Provisions with respect to certificates under Bombay 338 Regulation VIII of 1827. - Part XI MISCELLANEOUS 391. Savings. Nothing in Part VIII, IX or X shall :- 339

[Contents] Succession Act, 1925 23 392. Repeals [Repealed by Act XII of 1927] 339 Schedule I. ' ' 340 Schedule II -, 341 Schedule III - ;..'.. 342 Schedule IV ; -. '.....:.!...,.. 343 Schedule V - 343 Schedule VI 343 Schedule VII 344 Schedule VIII 344 Schedule IX. " 346 The Administration of.estates Regulation, 1827. 347 The Legal Representatives Suits Act, 1855....353 TheCourtFees Act, 1870....356 The Sindh Civil Courts Rules. 360 The High Court Rules and Orders. 370