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  "title": "Succession Act, 1925",
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  "text": "Page 1 of 133 \r\n \r\n   \r\n \r\n \r\n \r\nTHE SUCCESSION ACT 1925 \r\n \r\n              \r\n \r\n \r\n \r\n              \r\n            CONTENTS \r\n \r\n____________ \r\n \r\nPART I \r\n \r\nPreliminary \r\n1.  Short title \r\n2.  Definitions \r\n3.  Power of Provincial Government to exempt any race, sect or tribe in the Province  from \r\n operation of Act \r\nPART II \r\n \r\nOf Domicile. \r\n4.  Application of Part \r\n5.  Law regulating succession to deceased person’s immoveable and moveable property \r\n respectively \r\n6.  One domicile only affects succession to moveables \r\n7.  Domicile of origin of person of legitimate birth \r\n8.  Domicile of origin of illegitimate child \r\n9.  Continuance of domicile of origin. \r\n10.  Acquisition of new domicile \r\n11.  Special mode of acquiring domicile in Pakistan \r\n12.  Domicile not acquired by residence as representative of foreign government, or as part of his \r\n family \r\n13.  Continuance of new domicile \r\n \r\n \r\n\r\n \r\nPage 2 of 133 \r\n \r\n14.  Minor’s domicile  \r\n15.  Domicile acquired by woman on marriage \r\n16.  Wife’s domicile during marriage \r\n17.  Minor’s acquisition of new domicile \r\n18.  Lunatic’s acquisition of new domicile \r\n19.  Succession to moveable property in Pakistan, in absence of proof of domicile elsewhere \r\n \r\nPART III \r\n \r\nMarriage \r\n20.  Interests and powers not acquired nor lost by marriage \r\n21.  Effect of marriage between person domiciled and one not domiciled in Pakistan. \r\n22.  Settlement of minor’s property in contemplation of marriage \r\n \r\nPART IV \r\n \r\nOf Consanguinity \r\n23.  Application of Part \r\n24.  Kindred or consanguinity \r\n25.  Lineal consanguinity \r\n26.  Collateral consanguinity \r\n27.  Persons held for purpose of succession to be similarly related to deceased \r\n28.  Mode of computing of degrees of kindred \r\n \r\nPART V \r\n \r\nIntestate succession \r\n \r\nCHAPTER I \r\n \r\nPRELIMINARY \r\n29.  Application of Part \r\n30.  As to what property deceased considered to have died intestate \r\n31.  Chapter not to apply to Parsis \r\n \r\nCHAPTER II \r\n \r\nRULES IN CASES OF INTESTATES OTHER THAN PARSIS \r\n32.  Devolution of such property \r\n \r\nPage 3 of 133 \r\n \r\n33.  Where intestate has left widow and lineal descendants, or widow and kindred only, or \r\n widow and no kindred \r\n33A.  Special provision where intestate has left widow and no lineal descendants \r\n34.  Where intestate has left no widow, and where he has left no kindred \r\n35.  Rights of widower \r\n36.  Rules of distribution \r\n37.  Where intestate has left child or children only \r\n38.  Where intestate has left no child, but grandchild or grandchildren \r\n39.  Where intestate has left only great-grandchildren or remoter lineal descendants.  \r\n40.  Where intestate leaves lineal descendants not all in same degree of kindred to him, and those \r\n through whom the more remote are descended are dead \r\n41.  Rules of distribution where intestate has left no lineal descendants \r\n42.  Where intestate’s father living. If the intestate’s father is living, he shall succeed to the \r\n property \r\n43.  Where intestate’s father dead but his mother, brothers and sisters living \r\n44.  Where intestate’s father dead and his mother, a brother or sister, and children of any deceased \r\n brother or sister, living \r\n45.  Where intestate’s father is dead and his mother and children of any deceased brother or sister \r\n living \r\n46.  Where intestate’s father is dead, but his mother living and no sister, brother, nephew or niece \r\n47.  Where intestate has left neither lineal descendant, nor father, nor mother  \r\n48.  Where intestate has left neither lineal descendant, nor parent, nor brother, nor sister \r\n49.  Children’s advancements not brought into hotchpot \r\n \r\nCHAPTER III \r\n \r\nSPECIAL RULES FOR PARSI INTESTATES \r\n50.  General principles relating to intestate succession \r\n51.  Division of a male intestate’s property among his widow, children and parents. \r\n52.  Division of a female intestate’s property among her widower and children \r\n53.  Division of share of predeceased child of intestate leaving lineal descendants \r\n \r\nPage 4 of 133 \r\n \r\n54.  Division of property where intestate leaves no lineal descendant but leaves a widow or \r\n widower or a widow of any lineal descendant \r\n55.  Division of property where intestate leaves neither lineal descendants nor a widow or \r\n widower nor a widow of any lineal descendant \r\n56.  Division of property where there is no relative entitled to succeed under the other provisions \r\n of this Chapter \r\nPART VI \r\n \r\nTestamentary succession \r\n \r\nCHAPTER I \r\n \r\nINTRODUCTORY \r\n57.  Application of certain provisions \r\n58.  General application of Part \r\n \r\nCHAPTER II. \r\n \r\nWILLS AND CODICILS \r\n59.  Person capable of making wills \r\n60.  Testamentary guardian \r\n61.  Will obtained by fraud, coercion or importunity \r\n62.  Will may be revoked or altered \r\n \r\nCHAPTER III \r\n \r\nTHE EXECUTION OF UNPRIVILEGED WILLS \r\n63.  Execution of unprivileged wills \r\n64.  Incorporation of papers by reference \r\n \r\nCHAPTER IV \r\n \r\nOF PRIVILEGED WILLS \r\n \r\n65.  Privileged wills \r\n66.  Mode of making, and rules for executing, privileged wills \r\n \r\nCHAPTER V \r\n \r\nOF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF WILLS \r\n67.  Effect of gift to attesting witness \r\n68.  Witness not disqualified by interest or by being executor \r\n \r\nPage 5 of 133 \r\n \r\n69.  Revocation of will by testator’s marriage \r\n70.  Revocation of unprivileged will or codicil \r\n71.  Effect of obliteration, interlineation or alteration in unprivileged will \r\n72.  Revocation of privileged will or codicil. \r\n73.  Revival of unprivileged will \r\n \r\nPART VI \r\n \r\nTestamentary succession \r\n \r\nCHAPTER VI \r\n \r\nOF THE CONSTRUCTION OF WILLS \r\n74.  Wording of will \r\n75.  Inquiries to determine questions as to object or subject of will \r\n76.  Misnomer or misdescription of object \r\n77.  When words may be supplied \r\n78.  Rejection of erroneous particulars in description of subject \r\n79.  When part of description may not be rejected as erroneous \r\n80.  Extrinsic evidence admissible in cases of patent ambiguity \r\n81.  Extrinsic evidence inadmissible in case of patent ambiguity or deficiency \r\n82.  Meaning of clause to be collected from entire will \r\n83.  When words may be understood in restricted sense, and when in sense wider than usual. \r\n84.  Which of two possible constructions preferred \r\n85.  No part rejected, if can be it reasonably construed \r\n86.  Interpretation of words repeated in different parts of will \r\n87.  Testator’s intention to be effectuated, as far as, possible \r\n88.  The last of two inconsistent clauses prevails \r\n89.  Will or bequest void for uncertainty \r\n90.  Words describing subject refer to property answering description at testator’s death. \r\n91.  Power of appointment executed by general bequest \r\n92.  Implied gift to objects of power in default of appointment \r\n \r\nPage 6 of 133 \r\n \r\n93.  Bequest to “heirs”, etc., of particular person without qualifying terms \r\n94.  Bequest to “representatives”, etc., of particular person \r\n95.  Bequest without words of limitation \r\n96.  Bequest in alternative \r\n97.  Effect of words describing a class added to bequest to person \r\n98.  Bequest to class of persons under general description only \r\n99.  Construction of terms \r\n100.  Words expressing relationship denote only legitimate relatives or failing such relatives \r\n reputed legitimate \r\n101. Rules of construction where will purports to make two bequests to same person \r\n102.  Constitution of residuary legatee \r\n103.  Property to which residuary legatee entitled \r\n104.  Time of vesting legacy in general terms \r\n105.  In what case legacy lapses \r\n106.  Legacy does not lapse if one of two joint legatees die before testator \r\n107.  Effect of words showing testator’s intention to give distinct shares \r\n108.  When lapsed share goes as undisposed of \r\n109.  When bequest to testator’s child or lineal descendant does not lapse on his death in testator’s \r\n lifetime \r\n110.  Bequest to A for benefit of B does not lapse by A’s death \r\n111.  Survivorship in case of bequest to described class \r\n \r\nCHAPTER VII \r\n \r\nOF VOID BEQUETS \r\n112.  Bequest to person by particular description, who is not in existence at testator’s death \r\n113.  Bequest to person not in existence at testator’s death subject to prior bequest \r\n114.  Rule against perpetuity \r\n115.  Bequest to a class some of whom may come under rule in Section 113 and 114 \r\n116.  Bequest to take effect on failure of prior bequest \r\n \r\nPage 7 of 133 \r\n \r\n117.  Effect of direction for accumulation \r\n118.  Bequest to religious or charitable uses \r\n \r\nCHAPTER VIII \r\n \r\nOF THE VESTING OF LEGACIES \r\n119.  Date of vesting of legacy when payment or possession postponed \r\n120.  Date of vesting when legacy contingent upon specified uncertain event \r\n121.  Vesting of interest in bequest to such members of a class as shall have attained particular age. \r\n \r\nCHAPTER IX \r\n \r\nOF ONEROUS BEQUESTS \r\n122.  Onerous bequests \r\n123.  One of two separate and independent bequests to same person may be accepted, and other \r\n refused \r\n \r\nCHAPTER X \r\n \r\nOF CONTINGENT BEQUESTS \r\n124.  Bequest contingent upon specified uncertain event, no time being mentioned for its \r\n occurrence \r\n125.  Bequest to such of certain persons as shall be surviving at some period not specified \r\n \r\nCHAPTER XI \r\n \r\nOF CONDITIONAL BEQUESTS \r\n126.  Bequest upon impossible condition \r\n127.  Bequest upon illegal or immoral condition \r\n128.  Fulfilment of condition precedent to vesting of legacy \r\n129.  Bequest to A and on failure of prior bequest to B \r\n130.  When second bequest not to take effect on failure of first \r\n131.  Bequest over conditional upon happening or not happening of specified uncertain event. \r\n132.  Condition must be strictly fulfilled \r\n133.  Original bequest not affected by invalidity of second \r\n134.  Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall \r\n happen, or not happen \r\n135.  Such condition must not be invalid under section 120 \r\n \r\nPage 8 of 133 \r\n \r\n136.  Result of legatee rendering impossible or indefinitely postponing act for which no time  \r\n specified, and on non-performance of which subject matter to go over \r\n137.  Performance of condition, precedent or subsequent, within specified time. Further time in \r\n case of fraud \r\n \r\nCHAPTER XII \r\n \r\nOF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT. \r\n138.  Direction that fund be employed in particular manner following absolute bequest of same to \r\n or for benefit of any person \r\n139.  Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified \r\n benefit for legatee \r\n \r\nCHAPTER XIII \r\n \r\nOF BEQUESTS TO AN EXECUTOR \r\n140.  Bequest of fund for certain purposes, some of which cannot be fulfilled \r\n141.  Legatee named as executor cannot take unless he shows intention to act as executor \r\n  \r\nCHAPTER XIV \r\n \r\nOF SPECIAL LEGACIES. \r\n142.  Specific legacy defined \r\n143.  Bequest of certain sum where stocks, etc., in which invested are described \r\n144.  Bequest of stock where testator had, at date of will, equal or greater amount of stock of same \r\n kind \r\n145.  Bequest of money where not payable until part of testator’s property disposed of in certain \r\n way \r\n146.  When enumerated articles not deemed specifically bequeathed \r\n147.  Retention, in form of specific bequest to several persons in succession \r\n148.  Sale and investment of proceeds of property bequeathed to two or more person in succession. \r\n149.  Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies \r\n \r\nCHAPTER XV \r\n \r\nOF DEMONSTRATIVE LEGACIES \r\n150.  Demonstrative legacy defined \r\n151.  Order of payment when legacy directed to be paid out of fund the subject of specific legacy \r\nCHAPTER XVI \r\n \r\nOF ADEMPTION OF LEGACIES \r\n \r\nPage 9 of 133 \r\n \r\n152.  Ademption explained \r\n153.  Non- ademption of demonstrative legacy \r\n154.  Ademption of specific bequest of right to receive something from third party \r\n155.  Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed \r\n156.  Ademption pro tento by testator’s receipt of portion of entire fund of which portion has been \r\n specifically bequeathed \r\n157.  Order of payment where portion of fund specifically bequeathed to one legatee, and legacy  \r\n charged. on same fund to another, and, testator having received portion of that fund, remainder \r\n insufficient to pay both legacies \r\n158.  Ademption where stock, specifically bequeathed, does not exist at testator’s death \r\n159.  Ademption pro tento where stock, specifically bequeathed, exists in part only at testator’s \r\n death \r\n160.  Non-ademption of specific bequest of goods described as connected with certain place, by \r\n reason of removal \r\n161.  When removal of thing bequeathed does not constitute ademption \r\n162.  When thing bequeathed is a valuable to be received by testator from third person; and testator \r\n himself, or his representative, receives it \r\n163.  Change by operation of law of subject of specific bequest between date of will and testator’s \r\n death \r\n164.  Change of subject without testator’s knowledge \r\n165.  Stock specifically bequeathed lent to third party on condition that it be replaced \r\n166.  Stock specifically bequeathed sold but replaced, and belonging to testator at his death \r\n \r\nCHAPTER XVII \r\n \r\nOF THE PAYMENT OF LIABILITIES IN THE RESPECT OF THE SUBJECT OF A \r\nBEQUESTS \r\n167.  Non-liability of executor to exonerate specific legatees \r\n168.  Completion of testator’s title to things bequeathed to be at cost of his estate \r\n169.  Exoneration of legatee’s immoveable property for which land-revenue or rent payable \r\n periodically \r\n170.  Exoneration of specific legatee’s stock in joint -stock company  \r\n \r\n \r\n \r\n \r\nPage 10 of 133 \r\n \r\nCHAPTER XIX \r\n \r\nOF BEQUESTS OF THE INTEREST OF PRODUCE OF A FUND \r\n171.  Bequest of thing described in general terms  \r\n172. Bequest of interest or produce of fund \r\n \r\nCHAPTER XX \r\n \r\nOF BEQUESTS OF ANNUITIES \r\n 173. Annuity created by will payable for life only unless contrary intention appears by will \r\n174.  Period of vesting where will directs that annuity be provided out of proceeds of property, or \r\n out of property generally, or where money bequeathed to be invested in purchase of \r\n annuity \r\n175.  Abatement of annuity \r\n176.  Where gift of annuity and residuary gift, whole annuity to be first satisfied \r\n \r\nCHAPTER XXI \r\n \r\nOF LEGACIES TO CREDITORS AND PORTIONERS \r\n177.  Creditor prima facie entitled to legacy as well as debt \r\n178. Child prima facie entitled to legacy as well as portion \r\n179.  No ademption by subsequent provision for legatee \r\n \r\nCHAPTER XXII. \r\n \r\nOF ELECTION \r\n180.  Circumstances in which election takes place \r\n181.  Devolution of interest relinquished by owner \r\n182.  Testator's belief as to his ownership immaterial  \r\n183.  Bequest for man's benefit how regarded for purpose of election \r\n184.  Person deriving benefit indirectly not put to election \r\n185.  Person taking in individual capacity under will may in other character elect to take in \r\n opposition. 186 Exception to provisions of last six sections \r\n187.  When acceptance of benefit given by will constitutes election to take under will \r\n188.  Circumstances in which knowledge or waiver is presumed or inferred. 189 When testator's \r\n representatives may call upon legatee to elect \r\n190.  Postponement of election in case of disability \r\n \r\nPage 11 of 133 \r\n \r\n \r\nCHAPTER XXIII \r\n \r\nOF GIFTS IN CONTEMPLATION OF DEATH \r\n191. Property transferable by gift made in contemplation of death \r\n \r\nPART VII \r\nProtection of property of deceased \r\n192.  Person claiming right by succession to property of deceased may apply for relief against \r\n wrongful possession  \r\n193.  Inquiry made by judge  \r\n194. Procedure  \r\n195.  Appointment of curator pending determination of proceeding  \r\n196.  Powers conferrable on curator  \r\n197.  Prohibition of exercise of certain powers by curators  \r\n198.  Curator to give security and may receive remuneration  \r\n199. Report from collector where estate includes revenue paying land  \r\n200.  Institution and defence of suits  \r\n201.  Allowances to apparent owners pending custody by curator  \r\n202. Accounts to be filed by curator  \r\n203.  Inspection of accounts and right of interested party to keep duplicate  \r\n204.  Bar to appointment of second curator for same property  \r\n205. Limitation of time for application for curator  \r\n206.  Bar to enforcement of part against public settlement or legal directions by deceased  \r\n207.  Court of wards to be made curator in case of minors having property subject to its jurisdiction  \r\n208.  Saving of right to bring suit  \r\n209.  Effect of decision of summary proceeding  \r\n210.  Appointment of public curators \r\n \r\nPART VIII. \r\n \r\nRepresentative title to property of deceased on succession \r\n211.  Character and property of executor or administrator as such  \r\n \r\nPage 12 of 133 \r\n \r\n212.  Right to intestate's property  \r\n213.  Right as executor or legatee when established  \r\n214.  Proof of representative title a condition precedent to recovery through the courts of debts  \r\n from debtors of deceased persons  \r\n215.  Effect on certificate of subsequent probate or letters of administration  \r\n216.  Grantee of probate or administration alone to sue, etc, until same revoked \r\n \r\nPART IX. \r\n \r\nProbate, letters of administration and administration of assets of deceased \r\n217.  Application of part \r\n \r\nCHAPTER I. \r\n \r\nGrant of probate and letters of administration \r\n218.  To whom administration may be granted, where deceased is a hindu, [muslim], buddhist, \r\n sikh, jaina or exempted any person  \r\n219.  Where deceased is not a hindu, [muslim], buddhist, sikh, jaina or exempted person 220 \r\n Effect of letters of administration  \r\n221.  Acts not validated by administration  \r\n222. Probate only to appointed executor  \r\n223.  Persons to whom probate cannot be granted  \r\n224.  Grant of probate to several executors simultaneously or at different times \r\n225. Separate probate of codicil discovered after grant of probate  \r\n226.  Accrual of representation to surviving executor227  Effect of probate \r\n228. Administration, with copy annexed, of authenticated copy of will proved abroad  \r\n229.  Grant of administration where executor has not renounced \r\n230.  Form and effect of renunciation of executorship  \r\n231.  Procedure where executor renounces or fails to accept within time limited  \r\n232. Grant of administration to universal or residuary legatees  \r\n233.  Right to administration of representative of deceased residuary legatee  \r\n234.  Grant of administration where no executor, nor residuary legatee nor representative of such \r\n legatee  \r\n235. Citation before grant of administration to legatee other than universal or residuary  \r\n \r\nPage 13 of 133 \r\n \r\n236.  To whom administration may not be granted \r\n \r\nCHAPTER II. \r\nLimited grants \r\n237.  Probate of copy or draft of lost will  \r\n238.  Probate of contents of lost or destroyed will  \r\n239.  Probate of copy where original exists  \r\n240. Administration until will produced  \r\n241.  Administration, with will annexed, to attorney of absent executor  \r\n242.  Administration, with will annexed, to attorney of absent person who, if present, would be \r\n entitled to administer  \r\n243.  Administration to attorney of absent person entitled to administer in case of intestacy \r\n244.  Administration during minority of sole executor or residuary legatee  \r\n245.  Administration during minority of several executors or residuary legatees  \r\n246.  Administration for use and benefit of lunatic or minor  \r\n247.  Administration pendente lite 248 Probate limited to purpose specified in will  \r\n249.  Administration, with will annexed, limited to particular purpose  \r\n250.  Administration limited to property in which person has beneficial interest  \r\n251.  Administration limited to suit  \r\n252.  Administration limited to purpose of becoming party to suit to be brought against \r\n administrator 253 Administration limited to collection and preservation of deceased's \r\n property  \r\n254.  Appointment as administrator, of person other than one who, in ordinary circumstances, \r\n would be entitled to administration  \r\n255.  Probate or administration, with will annexed, subject to exception  \r\n256.  Administration with exception  \r\n257.  Probate or administration of rest  \r\n258.  Grant of effects unadministered  \r\n259.  Rules as to grants of effects unadministered  \r\n260.  Administration when limited grant expired and still some part of estate unadministered \r\n \r\n \r\nPage 14 of 133 \r\n \r\nCHAPTER III. \r\nAlteration and revocation of grants \r\n261.  What errors may be rectified by court  \r\n262.  Procedure where codicil discovered after grant of administration with will annexed  \r\n263.  Revocation or annulment for just cause \r\n \r\nCHAPTER IV \r\nOf the practice in granting and revoking probates and letters of administration \r\n264.  Jurisdiction of district judge in granting and revoking probates, etc  \r\n265.  Power to appoint delegate of district judge to deal with noncontentious cases  \r\n266.  District judge's powers as to grant of probate and administration  \r\n267.  District judge may order person to produce testamentary papers  \r\n268.  Proceedings of district judge's court in relation to probate and administration  \r\n269.  When and how district judge to interfere for protection of property  \r\n270.  When probate or administration may be granted by district judge  \r\n271.  Disposal of application made to judge of district in which deceased had no fixed abode  \r\n272. Probate and letters of administration may be granted by delegate  \r\n273.  Conclusiveness of probate or letters of administration  \r\n274.  Transmission to high courts of certificate of grants under proviso to section 273  \r\n275.  Conclusiveness of application for probate or administration if properly made and verified  \r\n276.  Petition for probate  \r\n277.  In what cases translation of will to be annexed to petition verification of translation by person \r\n other than court translator  \r\n278. Petition for letters of administration  \r\n279. Addition to statement in petition, etc, for probate or letters of administration in certain cases  \r\n280. Petition for probate, etc, to be signed and verified  \r\n281.  Verification of petition for probate, by one witness to will  \r\n282.  Punishment for false averment in petition or declaration  \r\n283.  Powers of district judge  \r\n \r\nPage 15 of 133 \r\n \r\n284.  Caveats against grant of probate or administration  \r\n285.  After entry of caveat, no proceeding taken on petition until after notice to caveator  \r\n286.  District delegate when not to grant probate or administration  \r\n287.  Power to transmit statement to district judge in doubtful cases where no contention  \r\n288.  Procedure where there is contention, or district delegate thinks probate or letters of \r\n administration should be refused in his court  \r\n289.  Grant of probate to be under seal of court  \r\n290.  Grant of letters of administration to be under seal of court  \r\n291.  Administration bond  \r\n292.  Assignment of administration bond  \r\n293.  Time for grant of probate and administration  \r\n294.  Filing of original wills of which probate or administration with will annexed granted \r\n295.  Procedure in contentious cases  \r\n296.  Surrender of revoked probate or letters of administration  \r\n297.  Payment to executor or administrator before probate or administration revoked  \r\n298. Power to refuse letters of administration  \r\n299.  Appeals from orders of district judge  \r\n300.  Concurrent jurisdiction of high court  \r\n301.  Removal of executor or administrator and provision for successor  \r\n302.  Directions to executor or administrator \r\n \r\nCHAPTER V. \r\nExecutors of their own wrong \r\n303.  Executor of his own wrong  \r\n304.  Liability of executor of his own wrong \r\n \r\nCHAPTER VI. \r\nPowers of an executor or administrator \r\n \r\n305.  In respect of causes of action surviving deceased and debts due at death  \r\n \r\nPage 16 of 133 \r\n \r\n306.  Demands and rights of action of or against deceased survive to and against executor or \r\n administrator  \r\n307.  Power of executor or administrator to dispose of property  \r\n308.  General powers of administration  \r\n309.  Commission or agency charges  \r\n310.  Purchase by executor or administrator of deceased's property  \r\n311.  Powers of several executors or administrators exercisable by one  \r\n312.  Survival of powers on death of one of several executors or administrators  \r\n313.  Powers of administrator of effects unadministered  \r\n314.  Powers of administrator during minority  \r\n315.  Powers of married executrix or administratrix \r\n \r\nCHAPTER VII. \r\n \r\nDuty of an executor or administrator \r\n316.  As to deceased's funeral  \r\n317.  Inventory and account  \r\n318.  Inventory to include property in any part of pakistan in certain cases  \r\n319.  As to property of and debts owing to, deceased  \r\n320.  Expenses to be paid before all debts  \r\n321.  Expenses to be paid next after such expenses  \r\n322.  Wages for certain services to be next paid and then other debts  \r\n323.  Save as aforesaid, all debts to be paid equally and rateably  \r\n324.  Application of moveable property to payment of debts where domicile not in india  \r\n325.  Debts to be paid before legacies  \r\n326.  Executor or administrator not bound to pay legacies without indemnity  \r\n327.  Abatement of general legacies  \r\n328.  Non abatement of specific legacy when assets sufficient to pay debts  \r\n329.  Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses \r\n330.  Rateable abatement of specific legacies  \r\n \r\nPage 17 of 133 \r\n \r\n331.  Legacies treated as general for purpose of abatement \r\n \r\nCHAPTER VIII. \r\n \r\nAssent to a legacy by executor or administrator \r\n332.  Assent necessary to complete legatee's title  \r\n333.  Effect of executor's assent to specific legacy  \r\n334.  Conditional assent  \r\n335.  Assent of executor to his own legacy  \r\n336.  Effect of executor's assent  \r\n337.  Executor when to deliver legacies \r\n \r\nCHAPTER IX. \r\n \r\nPayment and apportionment of annuities \r\n338.  Commencement of annuity when no time fixed by will  \r\n339.  When annuity, to be paid quarterly or monthly, first falls due  \r\n340.  Dates of successive payments when first payment directed to be made within a given time or \r\n on day certain: death of annuitant before date of payment \r\n \r\nCHAPTER X. \r\n \r\nInvestment of funds to provide for legacies \r\n341. Investment of sum bequeathed where legacy, not specific, given for life  \r\n342.  Investment of general legacy, to be paid at future time: disposal of intermediate interest  \r\n343.  Procedure when no fund charged with, or appropriated to, annuity  \r\n344. Transfer to residuary legatee of contingent bequest  \r\n345. Investment of residue bequeathed for life without direction to invest in particular securities  \r\n346. Investment of residue bequeathed for life, with direction to invest in specified securities  \r\n347.  Time and manner of conversion and investment  \r\n348. Procedure where minor entitled to immediate payment or possession of bequest, and no \r\n direction to pay to person on his behalf \r\n \r\nCHAPTER XI. \r\n \r\nProduce and interest of legacies \r\n349.  Legatee's title to produce of specific legacy  \r\n \r\nPage 18 of 133 \r\n \r\n350.  Residuary legatee's title to produce of residuary fund  \r\n351.  Interest when no time fixed for payment of general legacy  \r\n352.  Interest when time fixed 353 Rate of interest  \r\n354.  No interest on arrears of annuity within first year after testator's death  \r\n355.  Interest on sum to be invested to produce annuity \r\n \r\nCHAPTER XII. \r\n \r\nRefunding of legacies \r\n356.  Refund of legacy paid under court's orders  \r\n357.  No refund if paid voluntarily  \r\n358.  Refund when legacy has become due on performance of condition within further time \r\n allowed under section 137  \r\n359.  When each legatee compellable to refund in proportion \r\n360.  Distribution of assets  \r\n361.  Creditor may call upon legatee to refund  \r\n362.  When legatee, not satisfied or compelled to refund under section 361, cannot oblige one paid \r\n in full to refund  \r\n363.  When unsatisfied legatee must first proceed against executor, if solvent  \r\n364.  Limit to refunding of one legatee to another  \r\n365.  Refunding to be without interest  \r\n366.  Residue after usual payments to be paid to residuary legatee  \r\n367.  Transfer of assets from Pakistan to executor or administrator in country of domicile for \r\n distribution \r\n \r\nCHAPTER XIII. \r\n \r\nLiability of an executor or administrator for devastation \r\n368.  Liability of executor or administrator for devastation  \r\n369.  Liability of executor or administrator for neglect to get any part of property \r\n \r\nPART X. \r\n \r\nSuccession certificates \r\n370.  Restriction on grant of certificates under this part  \r\n \r\nPage 19 of 133 \r\n \r\n371.  Court having jurisdiction to grant certificate  \r\n372.  Application for certificate  \r\n373.  Procedure on application  \r\n374.  Contents of certificate  \r\n375.  Requisition of security from grantee of certificate  \r\n376.  Extension of certificate  \r\n377.  Forms of certificate and extended certificate  \r\n378.  Amendment of certificate in respect of powers as to securities  \r\n379.  Mode of collecting courtfees on certificates  \r\n380.  Local extent of certificate  \r\n381.  Effect of certificate  \r\n382. Effect of certificate granted or extended by pakistan representative in foreign state  \r\n383.  Revocation of certificate  \r\n384.  Appeal  \r\n385.  Effect on certificate of previous certificate, probate or letters of administration  \r\n386.  Validation of certain payments made in good faith to holder of invalid certificate  \r\n387.  Effect of decisions under this act, and liability of holder of certificate thereunder  \r\n388.  Investiture of inferior courts with jurisdiction of district court for purposes of this act  \r\n389.  Surrender of superseded and invalid certificates  \r\n390.  Provisions with respect to certificates under bombay regulation viii of 1827 \r\n \r\nPART XI. \r\n \r\nMiscellaneous \r\n391.  Saving  \r\n392.  Repeal \r\n \r\n \r\n \r\n \r\n \r\nPage 20 of 133 \r\n \r\nSCHEDULE I. \r\n \r\nTable of consanguinity \r\n \r\nSCHEDULE II. \r\n \r\nSee section 54 \r\n \r\nSCHEDULE III. \r\n \r\nProvisions of part vi applicable to certain wills and codicils described in section 57 \r\n \r\nSCHEDULE IV. \r\n \r\nForm of certificate \r\n \r\nSCHEDULE V. \r\nForm of caveat \r\n \r\nSCHEDULE VI. \r\n \r\nForm of probate \r\n \r\nSCHEDULE VII. \r\n \r\nForm of letters of administration \r\n \r\nSCHEDULE VIII. \r\nForms of certificate and extended certificate \r\n \r\nSCHEDULE IX. \r\nEnactments repealed \r\n \r\nPage 21 of 133 \r\n \r\nTHE SUCCESSION ACT 1925 \r\n \r\n1ACT No. XXXIX OF 1925 \r\n \r\n         [30th September, 1925] \r\n \r\nAn Act to consolidate the law applicable to intestate and testamentary succession in  2[Pakistan]. \r\n \r\n WHEREAS it is expedient to consolidate the law applicable to intestate and testamentary \r\nsuccession in 2[Pakistan] it is hereby enacted as follows :― \r\n            \r\nPART I \r\nPreliminary \r\n \r\n 1. Short title. This Act may be called the 3[* ] Succession Act, 1925. \r\n  \r\n 2. Definitions. In this Act, unless there is anything repugnant in the subject or context,― \r\n \r\n(a) “administrator” means a person appointed by competent authority to \r\nadminister the estate of a deceased person when there is no executor;   \r\n \r\n(b) “codicil” means an instrument made in relation to a will, and explaining, \r\naltering or adding to its dispositions, and  shall be d eemed to form part of the \r\nwill; \r\n \r\n4[(bb) “District Judge ” means the Judge of a principal Civil C ourt of original \r\njurisdiction;] \r\n \r\n(c) “executor” means a person to whom the execution of the last will of a \r\ndeceased person is, by the testator’s appointment, confided;  \r\n \r\n \r\n \r\n \r\n \r\n1For Statement of Objects and Reasons, see Gaz. of India, 1923, Pt. V, p.401 ; and for Report of Joint Committee, see ibid., 1925, Pt. V, p. 103. \r\nThe Act has been extended under the Scheduled Districts Act, 1874 (14 of 1874), to Bal uchistan, see Gaz. of India, 1925, Pt. II-A, p. 358 ; and applied \r\nto Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the (N.W.F.P. ; and also extended to the Excluded Area of \r\nUpper Tanawal (N.W.F.P.) other than Phulera w ith effect from such date and subject to such modifications as may be notified, see N-W-.F.P. (Upper \r\nTanawal) (Excluded Area) Laws Regulation, 1950. \r\nIt has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950): and also applied in the \r\nFederated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p.1499. \r\nIt has been extended to the Baluchistan States Union by the Baluchistan States Union (Federal Laws) (Extension) Order, 1953 ( G.G.O. 4 of 1953), as \r\namended. \r\nIt has been extended to the Khairpur State by the Khairpur (Federal Laws) (Extension) Order 1953 (G.G.O. 5 of 1953), as amended. \r\nThe Act has been extended and shall be deemed to have been so extended on the 14 th October, 1955, to the whole of Paki stan by the Central Laws \r\n(Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. \r\nThe Act has been and shall be deemed to have been brought into force in Gwadur with effect from the 8 th September 1958 by the Gwadur (Application \r\nof Central Laws) Ordinance, 1960 (37 of 1960), s. 2. \r\nThis Act has further been amended in its application to the Province of Baluchistan by Baluchistan Ord. 1 of 1979. \r\n2 Subs. by Ordinance 21 of 1960, s. 3 and 2 nd Sch. (with effect from the 14 th October of 1955), for “the Prov inces and the Capital of the Federation” \r\nwhich had been subs. by A.O., 1949, for “British India”. \r\n3 The word “Indian” omitted by A.O., 1949.   \r\n4 Clause (bb) ins. by the Indian Succession (Amdt.) Act, 1929 (18 of 1929), s. 2. \r\n \r\n \r\nPage 22 of 133 \r\n \r\n \r\n (d) 1[“Pakistan Christian” means a 2[citizen of] Pakistan] who is, or in good faith \r\nclaims to be, of unmixed Asiatic descent and who professes any form of the \r\nChristian religion ; \r\n  \r\n (e) “minor” means any person subject to the Majority Act, 1875  (IX of 1875) , \r\nwho has not attained his  majority within the meaning of that Act, and any \r\nother person who has not completed the age of eighteen years; and  “minority” \r\nmeans the status of any such person; \r\n \r\n(f) “probate” means the copy of a will certified under the seal of a Court of \r\ncompetent jur isdiction with a grant of administration to the estate of the \r\ntestator;  \r\n \r\n(g) “Province” includes any division of 3[Pakistan] having a Court of the last \r\nresort; and  \r\n \r\n(h) “will” means the legal declaration of the intention of a testator with respect to \r\nhis property which he desires to be carried into effect after his death. \r\n \r\n3. Power of Provincial Government to exempt any race, sect or tribe in the Province \r\nfrom operation of Act. ___(1) The 4[Provincial Government] may, by notification in the 5[Official \r\nGazette], either retrospectively from the sixteenth day of March, 1865 , or prospectively, exempt \r\nfrom the operation of any of the following provisions of this Act, namely, sections 5 to 49, 58 to 191, \r\n212, 213 and 215 to 369, the members of any race, sect or tribe in the Province, or of any part of \r\nsuch race, sect or tribe, to whom the 4[Provincial Government] considers it impossible or inexpedient \r\nto apply such provisions or any of them mentioned in the order.   \r\n \r\n (2) The 4[Provincial Government] may, by a like notification, revoke any such order, but not \r\nso that the revocation shall have retrospective effect.  \r\n \r\n (3) Persons exempted under this section or exempted from the operation of any of the \r\nprovisions of the Indian Succession Act, 1865 6 (X of 1865), under section 332 of that Act are in this \r\nAct referred to as “exempted persons”.  \r\n \r\nPART II \r\n \r\nOf Domicile \r\n \r\n 4. Application of Part . This Part shall not apply if the deceased was a Hindu, 7[Muslim], \r\nBuddhist, Sikh or Jaina.  \r\n \r\n 5. Law regulating succession to deceased person ’s immoveable and moveable property \r\nrespectively.___(1) Succession to the immoveable property in 3[Pakistan] of a person deceased shall \r\nbe regulated by the law of 3[Pakistan], wherever such pers on may have had his domicile at the time \r\nof his death. \r\n  \r\n1 Subs. by A. O., 1949, for “Indian Christian,” means a native of India’. \r\n2 Subs. by A.O., 1961, Art. 2 and Sch. For “British subject domiciled in”, (with effect from the 23rd March, 1956). \r\n3Subs. by  the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. ( with effect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. A.O., 1949, for “British India.”   \r\n4 Subs. by A.O., 1937, for “L.G.” \r\n5 Subs. ibid., for “local official Gazette”.  \r\n6 Rep. by this Act. \r\n7Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n \r\n \r\nPage 23 of 133 \r\n \r\n (2) Succession to the moveable property of a person deceased is regulated by the law of the \r\ncountry in which such person had his domicile at the time of his death. \r\n \r\nIllustrations \r\n \r\n(i)  A, having his domicile in 1[Pakistan] dies in France, leaving moveable \r\nproperty in France, moveable property in England, and property, both \r\nmoveable and immoveable, in 1[Pakistan]. The succession to the whole is \r\nregulated by the law of 1[Pakistan].  \r\n \r\n(ii)  A, an Englishman, having his domicile in France, dies in 1[Pakistan], and \r\nleaves property, both moveable and immoveable, in 1[Pakistan.] The \r\nsuccession to the moveable property is regu lated by the rules which govern, in \r\nFrance, the succession to the moveable property of an Englishman dying \r\ndomiciled in France, and the succession to the immoveable property is \r\nregulated by the law of 1[Pakistan]. \r\n  \r\n 6. One domicile only affects succession to moveables. A person can have only one domicile \r\nfor the purpose of the succession to his moveable property. \r\n  \r\n 7. Domicile of origin of person of legitimate birth.  The domicile of origin of every person \r\nof legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he \r\nis a posthumous child, in the country in which his father was domiciled at the time of the father’s \r\ndeath. \r\n \r\nIllustration \r\n \r\n At the time of the birth of A, his father was domiciled in England. A’s domicile of origin is in \r\nEngland, whatever may be the country in which he was born. \r\n  \r\n 8. Domicile of origin of illegitimate child.  The domicile of origin of an illegitimate child is \r\nin the country in which, at the time of his birth, his mother was domiciled.  \r\n  \r\n 9. Continuance of domicile of origin.  The domicile of origin prevails until a new domicile \r\nhas been acquired. \r\n  \r\n 10. Acquisition of new domicile . A man acquires a new domicile by taking up his fixed \r\nhabitation in a country which is not that of his domicile of origin.  \r\n \r\n Explanation.― A man is not to be deemed to have taken up his fixed habitation in 1[Pakistan] \r\nmerely by reason of his residing therein 2[the civil, military, naval or air force service of Pakistan] or \r\nin the exercise of any profession or calling. \r\n  \r\nIllustrations \r\n \r\n(i)  A, whose domicile of origin is in England, proceeds to 1[Pakistan], where he \r\nsettles as a barrister or a merchant, intending to reside there during the \r\nremainder of his life. His domicile is now in 1[Pakistan]. \r\n \r\n1Subs. by the Central Laws (Stat ute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. ( with effect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. A.O., 1949, for “British India.”   \r\n2 The original words “His Majesty’s civil, or military service” have successively been amended by the Repealing and Amending Act, 1927 (10 of 1927), \r\nthe Amending Act, 1934 (35 of 1934) and A.O. 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. \r\n \r\n \r\nPage 24 of 133 \r\n \r\n \r\n \r\n \r\n(ii)  A, whose domic ile is in England, goes to Austria, and enters the Austrian \r\nservice, intending to remain in that service. A has acquired a domicile in \r\nAustria. \r\n  \r\n(iii)  A, whose domicile of origin is in France, comes to reside in 1[Pakistan] under \r\nan engagement with the 2[Federal Government] for a certain number of years. \r\nIt is his intention to return to France at the end of that period. He does not \r\nacquire a domicile in 1[Pakistan]. \r\n \r\n(iv)  A, whose domicile is in England, goes to reside in 1[Pakistan] for the purpose \r\nof winding up the affairs of a partnership which has been dissolved, and with \r\nthe intention of returning to  England as soon as that purpose is accomplished. \r\nHe does not by such residence acquire a domicile in 1[Pakistan], however long \r\nthe residence may last. \r\n \r\n(v)  A, having gone to reside in 1[Pakistan] in the circumstances mentioned in the \r\nlast preceding illustration, afterwards alters his intention, and takes up his \r\nfixed habitation in 1[Pakistan]. A has acquired a domicile in 1[Pakistan]. \r\n  \r\n(vi)  A, whose domicile is in the French Settlement of Chandernagore, is compelled \r\nby political events to take refuge in 3[Peshawar], and resides in 3[Peshawar] \r\nfor many years in the hope of such political changes as may enable him to \r\nreturn with safety to Chandernagore. H e does not by such residence acquire a \r\ndomicile in 1[Pakistan].  \r\n \r\n(vii)  A, having come to 3[Peshawar] in the circumstances stated in the last \r\npreceding illustration, continues to reside there after such political changes \r\nhave occurred as would enable him to return with safety to Chandernagore, \r\nand he intends that his residence in 3[Peshawar] shall be permanent. A has \r\nacquired a domicile in 1[Pakistan]. \r\n \r\n 11. Special mode of acquiring domicile in Pakistan. Any person may acquire a domicile in  \r\n1[Pakistan], by making and depositing in some office in 1[Pakistan], appointed in this behalf by the \r\n4[Provincial Government], a declaration in writing under his hand of his desire to acquire such \r\ndomicile; provided that he has been resident in 1[Pakistan] for one year immediately preceding the \r\ntime of his making such declaration. \r\n \r\n 12. Domicile not acquired by residence as representative of foreign government, or as \r\npart of his family.  A person who is appointed by the Government of one country to be its \r\nambassador, cons ul or other representative in another country does not acquire a domicile in the \r\nlatter country by reason only of residing there in pursuance of his appointment; nor does any other \r\nperson acquire such domicile by reason on ly of residing with such first -mentioned person as part of \r\nhis family, or as a servant. \r\n \r\n 13. Continuance of new domicile.  A new domicile continues until the former domicile has \r\nbeen resumed or another has been acquired. \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces \r\nand the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. \r\n2 Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government” which was previously amended by A. O., 1937, for “G. of I.”.  \r\n3Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II, for “Dacca”, which was p reviously amended by \r\nAct 26 of 1951, s. 4 and 3rd Sch., for “Calcutta”. \r\n4Subs. by A. O., 1937, for “L.G. \r\n \r\nPage 25 of 133 \r\n \r\n 14. Minor ’s domicile.  The domicile of a minor follows the domicile of the parent from \r\nwhom he derived his domicile of origin. \r\n \r\n Exception.___ The domicile of a minor does not change with that of his parent, if the minor is \r\nmarried, or holds any office or employment in the service of 1[the state], or has set up, with the \r\nconsent of the parent, in any distinct business. \r\n \r\n 15. Domicile acquired by woman on marriage.  By marriage a woman acquires the \r\ndomicile of her husband, if she had not the same domicile before. \r\n \r\n  16. Wife’s domicile during marriage.  A wife’s domicile during her marriage follows the \r\ndomicile of her husband. \r\n  \r\n Exception.__ The wife’s domicile no longer follows that of her husband if they are separated \r\nby the sentence of a competent Court, or if the husband is undergoing a sentence of transportation. \r\n  \r\n 17. Minor’s acquisition of new domicile.  Save as hereinbefore otherwise provided in this \r\nPart, a person cannot, during minority, acquire a new domicile. \r\n  \r\n 18. Lunatic’s acquisition of new domicile. An insane person cannot acquire a new domicile \r\nin any other way than by his domicile following the domicile of another person. \r\n  \r\n 19. Succession to moveable property in Pakistan, in absence of proof of domicile \r\nelsewhere. If a person dies leaving moveable property in 2[Pakistan], in the absence of proof of any \r\ndomicile elsewhere, succession to the property is regulated by the law of 2[Pakistan]. \r\n \r\n________ \r\n \r\nPART III \r\n \r\nMarriage \r\n \r\n 20. Interests and powers not acquired nor lost by  marriage.―(1) No person shall, by \r\nmarriage, acquire any interest in the property of the person whom he or she marries or become \r\nincapable of doing any act in respect of his or her own property which he or she could have done if \r\nunmarried. \r\n   \r\n (2) This section― \r\n \r\n(a) shall not apply to any marriage contracted befo re the first day of January, \r\n1866; \r\n \r\n(b) shall not apply, and shall be deemed never to have applied, to any marriage \r\none or both of the parties to which professed at the time of the marriage the \r\nHindu, 3[Muslim], Buddhist, Sikh or Jaina religion. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty” (with effect from the 23rd March, 1956).  \r\n2 Subs. by the Central Laws (Statute Reform) (Ordinance, 1960) (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. A. O., 1949, for “British India”. \r\n3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n \r\n \r\nPage 26 of 133 \r\n \r\n 21. Effect of marriage between person domiciled an d one not domiciled in Pakistan.  If a \r\nperson whose domicile is in 1[Pakistan] marries in 1[Pakistan] a person whose domicile is not in \r\n1[Pakistan], neither party acquires by the marriage any rights in respect of any property of the other \r\nparty not comprise d in a settlement made previous to the marriage, which he or she would not \r\nacquire thereby if both were domiciled in 1[Pakistan] at the time of the marriage.   \r\n \r\n 22. Settlement of minor ’s property in contemplation of marriage .―(1) The property of a \r\nminor may be settled in contemplation of marriage, provided the settlement is made by the minor \r\nwith the approbation of the minor ’s father, or, if the father is dead or absent from 1[Pakistan], with \r\nthe approbation of the High Court.   \r\n (2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring \r\nbefore the first day of January, 1866, or to intestate or testamentary succession to the property of any \r\nHindu, 2[Muslim], Buddhist, Sikh or Jaina. \r\n \r\n_____ \r\n \r\nPART IV \r\n \r\nOf Consanguinity   \r\n 23. Application of Part . Nothing in this Part shall apply to any will made or intestacy \r\noccurring before the first day of January, 1866 , or to intestate or testamentary succession to the \r\nproperty of any Hindu, 2[Muslim], Buddhist, Sikh, Jaina or Parsi. \r\n \r\n 24. Kindred or consanguinity.  Kindred or consanguinity is the connection or relation of \r\npersons descended from the same stock or common ancestor.  \r\n \r\n 25. Lineal consanguinity .―(1) Lineal consanguinity is that which subsists bet ween two \r\npersons, one of whom is descended in a direct line from the other, as between a man and his  father, \r\ngrandfather and great -grandfather, and so upwards in the direct ascending line ; or between a man \r\nand his son, grandson, great-grandson and so downwards in the direct descending line. \r\n  \r\n (2) Every generation constitutes a degree, either ascending or descending. \r\n  \r\n  (3) A person ’s father is related to him in the first degree, and so likewise is his son; his \r\ngrandfather and grandson in the second degree; his great-grandfather and great- grandson in the third \r\ndegree, and so on.  \r\n \r\n 26. Collateral consanguinity. ___(1) Collateral consanguinity is that which subsists between \r\ntwo persons who are descended from the same stock or ancestor, but neither of whom i s descended \r\nin a direct line from the other. \r\n \r\n (2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to \r\na person deceased, it is necessary to reckon upwards from the person deceased to the common stock \r\nand then downwa rds to the collateral relative, a degree being allowed for each person, both \r\nascending and descending. \r\n \r\n 27. Persons held for purpose of succession to be similarly related to deceased.  For the \r\npurpose of succession, there is no distinction― \r\n \r\n1 Subs. by the  Central Laws (Statute Reform) (Ordinance, 1960) (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. A. O., 1949, for “British India”. \r\n2Sub. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n \r\nPage 27 of 133 \r\n \r\n(a)  between those who are related to a person deceased through his father, and \r\nthose who are related to him through his mother; or \r\n  \r\n(b)  between those who are related to a person deceased by the full blood, and \r\nthose who are related to him by the half blood; or \r\n \r\n(c)  between those who were actually born in the lifetime of a person deceased and \r\nthose who at the date of his death were only conceived in the womb, but who \r\nhave been subsequently born alive.  \r\n \r\n 28. Mode of co mputing of degrees of kindred . Degrees of kindred are computed in the \r\nmanner set forth in the table of kindred set out in Schedule I. \r\n \r\nIllustrations \r\n \r\n(i)  The person whose relatives are to be reckoned, and his cousin german, or first \r\ncousin, are, as shown in the table, related in the fourth degree; there being one \r\ndegree of ascent to the father and another to the common ancestor, the \r\ngrandfather; and from him one of descent to the uncle, and another to the \r\ncousin- german, making in all four degrees. \r\n   \r\n(ii)  A grandson of the brother and a so n of the uncle, i. e., a great nephew and a \r\ncousin- german, are in equal degree being each four degrees removed. \r\n  \r\n(iii)  A grandson of a cousin - german is in the same degree as the grandson of a \r\ngreat- uncle, for they are both in the sixth degree of kindred. \r\n____ \r\n \r\nPART V \r\nIntestate Succession \r\n \r\nCHAPTER I \r\n \r\nPRELIMINARY \r\n \r\n 29. Application of Part. ___(1) This Part shall not apply to any intestacy occurring before the \r\nfirst day of January, 1866, or to the property of any Hindu, 1[Muslim], Buddhist, Sikh or Jaina.   \r\n (2) Save as provided in sub -section (1) or by any other law for the time being in force, the \r\nprovisions of this Part shall constitute the law of 2[Pakistan] in all cases of intestacy. \r\n \r\n 30. As to what property deceased c onsidered to have died intestate.  A person is deemed \r\nto die intestate in respect of all property of which he has not made a testamentary disposition which \r\nis capable of taking effect. \r\n \r\nIllustrations \r\n \r\n(i)  A has left no will. He has died intestate in respect of the whole of his property.    \r\n(ii)  A has left a will, whereby he has appointed B his executor; but the will \r\ncontains no other provisions. A has died intestate in respect of the  distribution \r\nof his property.  \r\n \r\n(iii)  A has bequeathed his whole proper ty for an illegal purpose. A has died \r\nintestate in respect of the distribution of his property. \r\n1Sub. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with ef fect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.  \r\n \r\nPage 28 of 133 \r\n \r\n(iv)  A has bequeathed 1, 000 rupees to B and 1, 000 rupees to the eldest son of C, \r\nand has made no other beq uest; and has died leaving the sum of 2, 000 rupees \r\nand no other property. C died before A without having ever had a son. A has \r\ndied intestate in respect of the distribution of 1,000 rupees. \r\n \r\n_____ \r\n \r\nCHAPTER II \r\n \r\nRULES IN CASE OF INTESTATES OTHER THAN PARSIS \r\n \r\n 31. Chapter not to apply to Parsis. Nothing in this Chapter shall apply to Parsis. \r\n  \r\n 32. Devolution of such property.  The property of an intestate devolves upon the wife or \r\nhusband, or upon those who are of the kindred of the deceased, in the order and  according to the \r\nrules hereinafter contained in this Chapter. \r\n  \r\n Explanation.―A widow is not entitled to the provision hereby made for her if, by a valid \r\ncontract made before her marriage, she has been excluded from her distributive share of her \r\nhusband’s estate. \r\n  \r\n 33. Where intestate has left widow and lineal descendants, or widow and kindred only, \r\nor widow and no kindred. Where the intestate has left a widow__  \r\n \r\n(a) if he has also left any lineal descendants, one-third of his property shall belong \r\nto his widow, and the remaining two - thirds shall go to his lineal descendants, \r\naccording to the rules hereinafter contained; \r\n  \r\n(b) 1[save as provided by section 33A,] if he has left no lineal descendant, but has \r\nleft persons who are of kindred to him, one - half of his property shall belong \r\nto his widow, and the other half shall go to those who are kindred to him, in \r\nthe order and according to the rules hereinafter contained;  \r\n \r\n(c) if he has left none who are of kindred to him, the whole of his property shall \r\nbelong to his widow. \r\n \r\n 2[33A. Special provision where intestate has left widow and no lineal descendants. ―(1) \r\nWhere the intestate has left a widow but no lineal descendants and the nett value of his property does \r\nnot exceed five thousand rupees, the whole of his property shall belong to the widow. \r\n \r\n (2) Where the nett value of the property exceeds the sum of five thousand rupees, the widow \r\nshall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such \r\nproperty for such sum of five thousand rupees, with interest thereon from the date of the death of the \r\nintestate at 4 per cent per annum until payment. \r\n \r\n (3) The provision for the widow made by this section shall be in addition and without \r\nprejudice to her interest and share in the residue of the estate of such intestate remaining after \r\npayment of the said sum of five thousand rup ees with interest as aforesaid, and such residue shall be \r\ndistributed in accordance with the provisions of section 33 as if it were the whole of such intestate ’ s \r\nproperty. \r\n \r\n1Ins. by the Indian Succession (Amdt.) Act,1926, (40 of 1926), s. 2. \r\n2S. 33A ins. by the Indian Succession (Amdt.) Act, 1926 (40 of 1926), s. 3.  \r\n \r\nPage 29 of 133 \r\n \r\n (4) The nett value of the property shall be ascertained by deducting from the gross value \r\nthereof all debts, and all funeral and administration expenses of the intestate, and all other lawful  \r\nliabilities and charges to which the property shall be subject. \r\n \r\n (5) This section shall not apply___ \r\n \r\n (a) to the property of― \r\n \r\n    (i) any 1[Pakistan Christian], \r\n \r\n                          (ii) any child or grandchild of any male person w ho is or was at the \r\n     time of his death 2[a] 1[Pakistan Christian], or \r\n \r\n(iii) any person professing the Hindu, Buddhist, Sikh or Jaina \r\nreligion the succession to whose property is, under section 24 \r\nof the Special Marriage Act, 1872 (III of 1872), regulated by \r\nthe provisions of this Act; \r\n \r\n  (b) unless the deceased dies intestate in respect of all his property.] \r\n \r\n 34. Where intestate has left no widow, and where he has left no kindred . Where the \r\nintestate has left no widow, his property shall go to his lineal descendants  or to those who are of \r\nkindred to him, not being lineal descendants, according to the rules hereinafter contained ; and, if he \r\nhas left none who are of kindred to him, it shall go to the 3[Government]. \r\n \r\n 35. Rights of widower . A husband surviving his wife  has the same rights in respect of her \r\nproperty, if she dies intestate, as a widow has in respect of her husband ’ s property, if he dies \r\nintestate.  \r\n \r\nDistribution where there are lineal descendants \r\n \r\n 36. Rules of distribution.  The rules for the  distribution of the intestate’ s property (after \r\ndeducting the widow’s share, if he has left a widow) amongst his lineal descendants shall be those \r\ncontained in sections 37 to 40. \r\n  \r\n 37. Where intestate has left child or children only.  Where the intestate has left sur viving \r\nhim a child or children, but no more remote lineal descendant through a deceased child, the property \r\nshall belong to his surviving child, if there is only one, or shall be equally divided among all his \r\nsurviving children. \r\n \r\n 38. Where intestate has l eft no child, but grandchild or grandchildren.  Where the \r\nintestate has not left surviving him any child, but has left a grandchild or grandchildren and no more \r\nremote descendant through a deceased grandchild, the property shall belong to his surviving \r\ngrandchild if there is only one, or shall be equally divided among all his surviving grandchildren. \r\n \r\n \r\n \r\n \r\n1Subs. by A. O., 1949, for “Indian Christian”. \r\n2Subs. by the Federal Laws (Revision  and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., for “an” \r\n3Subs. by A. O., 1961, Art. 2, for “Crown” (with effect from the 23rd March, 1956). \r\n \r\nPage 30 of 133 \r\n \r\nIllustrations \r\n \r\n(i)  A has three children, and no more, John, Mary and Henry. They all die before \r\nthe father, John leaving two children, Mary three and Henry four. Afterwards  \r\nA dies intestate, leaving those nine grandchildren and no descendant of any \r\ndeceased grandchild. Each of his grandchildren will have one- ninth.    \r\n(ii)  But if Henry has died, leaving no child, then the whole is equally divided \r\nbetween the intestate’s five grandchildren, the children of John and Mary. \r\n \r\n 39. Where intestate has left only great -grandchildren or remoter lineal descendants . In \r\nlike manner the property shall go to the surviving lineal descendants who are nearest in degree to the \r\nintestate, where they are all in the degree of great - grandchildren to him, or a re all in a more remote \r\ndegree. \r\n \r\n 40. Where intestate leaves lineal descendants not all in same degree of kindred to him, and \r\nthose through whom the more remote are descended are dead. ___(1) If the intestate has left lineal \r\ndescendants who do not all stand in the same degree of kindred to him, and the persons through whom \r\nthe more remote are descended from him are dead, the property shall be divided into such a number of \r\nequal shares as may c orrespond with the number of the lineal descendants of the intestate who either \r\nstood in the nearest degree of kindred to him at his decease, or, having been of the like degree of \r\nkindred to him, died before him, leaving lineal descendants who survived him.  \r\n \r\n (2) One of such shares shall be allotted to each of the lineal descendants who stood in the \r\nnearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in \r\nrespect of each of such deceased lineal descendants; and  the share allotted in respect of each of such \r\ndeceased lineal descendants shall belong to his surviving child or children or more remote lineal \r\ndescendants, as the case may be; such surviving child or children or more remote lineal descendants \r\nalways taking the share which his or their parent or parents would have been entitled to respectively \r\nif such parent or parents had survived the intestate.  \r\n \r\nIllustrations \r\n \r\n(i)  A had three children, John, Mary and Henry; John died, leaving four children, \r\nand Mary died, leaving one, and Henry alone survived the father. On the death \r\nof A, intestate, one-third is allotted to Henry, one-third to John’s four children, \r\nand the remaining third to Mary’s one child. \r\n  \r\n(ii)  A left no child, but left eight grandchildren, and t wo children of a deceased \r\ngrandchild. The property is divided into nine parts, one of which is allotted to \r\neach grandchild, and the remaining one -ninth is equally divided betwee n the \r\ntwo great- grandchildren. \r\n \r\n(iii)  A has three children, John, Mary and He nry ; John dies leaving four children; \r\nand one of John ’s children dies leaving two children. Mary dies leaving one \r\nchild. A afterwards dies intestate. One -third of his property is allotted to \r\nHenry, one-third to Mary’s child, and one -third is divided into four parts, one \r\nof which is allotted to each of John ’s three surviving children, and the \r\nremaining part is equally divided between John’s two grandchildren. \r\n \r\n(iv)  A has two children, and no more, John and Mary. John dies before his father, \r\nleaving his wif e pregnant. Then A dies leaving Mary surviving him, and in \r\ndue time a child of John is born. A ’s property is to be equally divided between \r\nMary and the posthumous child.  \r\n \r\nPage 31 of 133 \r\n \r\nDistribution where there are no lineal descendants \r\n \r\n 41. Rules of distribution where intestate has left no lineal descendants. Where an intestate \r\nhas left no lineal descendants, the rules for the distribution of his property (after deducting the \r\nwidow’s share, if he has left a widow) shall be those contained in sections 42 to 48. \r\n  \r\n 42. Where intestate’s father living. If the intestate’s father is living, he shall succeed to the \r\nproperty.  \r\n \r\n 43. Where intestate ’s father dead but his mother, brothers and sisters living . If the \r\nintestate’s father is dead, but the intestate’ s mother is living and there are also brothers or sisters of \r\nthe intestate living, and there is no child living of any deceased brother or sister, the mother and each \r\nliving brother or sister shall succeed to the property in equal shares.  \r\n \r\nIllustration \r\n \r\n A dies intestate, s urvived by his mother and two brothers of the full blood, John and Henry, \r\nand a sister Mary, who is the daughter of his mother but not of his father. The mother takes one - \r\nfourth, each brother takes one-fourth and Mary, the sister of half blood, takes one-fourth.  \r\n  \r\n 44. Where intestate ’s father dead and his mother, a brother or sister, and children of \r\nany deceased brother or sister, living . If the intestate ’s father is dead , but the intestate’s mother is \r\nliving, and if any brother or sister and the child o r children of any brother or sister who may have \r\ndied in the intestate ’s lifetime are also living then the mother and each living brother or sister, and \r\nthe living child or children of each deceased brother or sister, shall be entitled to the property in \r\nequal shares, such children (if more than one) taking in equal shares only the shares which their \r\nrespective parents would have taken if living at the intestate’s death.  \r\n \r\nIllustration \r\n \r\n A, the intestate, leaves his mother, his brothers John and Henry, and also one child of a \r\ndeceased sister, Mary, and two children of George, a deceased brother of the half blood who was the \r\nson of his father but not of his mother. The mother takes one -fifth, John and Henry each takes one -\r\nfifth, the child of Mary takes one-fifth, and the two children of George divide the remaining one-fifth \r\nequally between them.  \r\n \r\n 45. Where intestate ’s father is dead and his mother and children of any deceased \r\nbrother or sister living . If the intestate ’s father is dead, but the intestate ’s mother is living, and the \r\nbrothers and sisters are all dead, but all or any of them have left children who survived the intestate, \r\nthe mother and the child or children of each deceased brother or sister shall be entitled to the \r\nproperty in equal shares, such  children (if more than one) taking in equal shares only the shares \r\nwhich their respective parents would have taken if living at the intestate’s death. \r\n  \r\nIllustration \r\n \r\n A, the intestate, leaves no brother or sister , but leaves his mother and one child of a  deceased \r\nsister, Mary, and two children of a deceased brother, George. The mother takes one - third, the child \r\nof Mary takes one -third, and the children of G eorge divide the remaining one -third equally between \r\nthem.  \r\n \r\n \r\nPage 32 of 133 \r\n \r\n 46. Where intestate ’s father is dead, but his mother living and no sister, brother, \r\nnephew or niece.  If the intestate ’s father is dead, but the intestate ’s mother is living, and there is \r\nneither brother, nor sister, nor child of any brother or sister of the intestate, the prope rty shall belong \r\nto the mother. \r\n \r\n 47. Where intestate has left neither lineal descendant, nor father, nor mother . \r\nWhere the intestate has left neither lineal descendant, nor father, nor mother, the property shall \r\nbe divided equally between his brothers and sisters and th e child or children of such of them as \r\nmay have died before him, such children (if more than one) taking in equal shares only the shares \r\nwhich their respective parents would have taken if living at the intestate’s death.  \r\n \r\n 48. Where intestate has left nei ther lineal descendant, nor parent, nor brother, nor \r\nsister. Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his \r\nproperty shall be divided equally among those of his relatives who are in the ne arest degree of \r\nkindred to him. \r\n \r\nIllustrations \r\n \r\n(i)  A, the intestate, has left a grandfather, and a grandmother and no other relative \r\nstanding in the same or a nearer degree of kindred to him:  They, being in the \r\nsecond degree, will be entitled to the property in equal shar es exclusive of any \r\nuncle or aunt of the intestate, uncles and aunts being only in the third degree.  \r\n \r\n(ii)  A, the intestate, has left a great-grandfather, or a great -grandmother, and \r\nuncles and aunts, and no other relative standing in the same or a neare r degree \r\nof kindred to him. All of these being in the third degree will take equal shares. \r\n  \r\n(iii)  A, the intestate, left a great -grandfather, an uncle and a nephew, but no \r\nrelative standing in a nearer degree of kindred to him. All of these being in the \r\nthird degree will take equal shares. \r\n  \r\n(iv)  Ten children of one brother or sister of the intestate, and one child of another \r\nbrother or sister of the intestate, constitute the class of relatives of the nearest \r\ndegree of kindred to him. They will each take one- eleventh of the property. \r\n \r\n 49. Children’s advancements not brought into hotchpot.  Where a distributive share in the \r\nproperty of a person who has died intestate is claimed by a child, or any descendant of a child, of \r\nsuch person, no money or other pr operty which the intestate may, during his life, have paid, given or \r\nsettled to, or for the advancement of, the child by whom or by whose descendant the claim is made \r\nshall be taken into account in estimating such distributive share.  \r\n \r\n \r\n \r\n_____ \r\n \r\n \r\n \r\nPage 33 of 133 \r\n \r\nCHAPTER III \r\n \r\nSPECIAL RULES FOR PARSI INTESTATES \r\n \r\n 1[50. General principles relating to intestate succession . For the purpose of i ntestate \r\nsuccession among Parsis― \r\n \r\n(a)  there is no distinction between those who were actually born in the lifetime of \r\na person deceased and those who at the date of his death were only conceived \r\nin the womb, but who have been subsequently born alive; \r\n  \r\n(b)  a lineal descendant of an intestate who has died in the lifetime of the intestate \r\nwithout leaving a widow or widower or any lineal d escendant or a widow of \r\nany lineal descendent shall not be taken into account in determining the \r\nmanner in which the property of which the intestate has died intestate shall be \r\ndivided; and   \r\n(c)  where a widow of any relative of an intestate has married a gain in the lifetime \r\nof the intestate, she shall not be entitled to receive any share of the property of \r\nwhich the intestate has died intestate, and she shall be deemed not to be \r\nexisting at the intestate’s death. \r\n \r\n 51. Division of a male intestate’s property among his widow, children and parents. ___(1) \r\nSubject to the provisions of sub-section (2), the property of which a male Parsi dies intestate shall be \r\ndivided― \r\n \r\n(a) where he dies leaving a widow and children, among the widow and children, \r\nso that the share of each son and of the widow shall be do uble the share of \r\neach daughter, or \r\n \r\n(b) where he dies leaving children but no widow, among the children, so that the  \r\nshare of each son shall be double the share of each daughter. \r\n \r\n (2) Where a male Parsi dies leaving one or both parents in addition to children or a widow \r\nand children, the property of which he dies intestate shall be divided so that the father shall rece ive a \r\nshare equal to half the share of a son and the mother shall receive a share equal to half the share of a \r\ndaughter. \r\n \r\n 52. Division of a female intestate’s property among her widower and children.  The \r\nproperty of which a female Parsi dies intestate shall be divided____ \r\n \r\n(a) where she dies leaving a widower and children among the widower and \r\nchildren so that the widower and each child receive equal shares, or \r\n \r\n(b) where she dies leaving children but no widower, among the children in equal \r\nshares. \r\n \r\n 53. Division of share of predeceased child of intestate leaving lineal descendants.  In all \r\ncases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the \r\nlifetime of the intestate, the division of the share of the propert y of which the intestate has died \r\nintestate which such child would have taken if living at the intestate’s death shall be in accordance \r\nwith the following rules, namely:― \r\n \r\n1 Subs. by the Indian Succession (Amdt.) Act, 1939 (17 of 1939), s. 2, for sections 50 to 56 (both inclusive). \r\n \r\nPage 34 of 133 \r\n \r\n(a) If such deceased child was a son his widow and children shall take shares in \r\naccordance with the provisions of this Chapter as if he had died immediately \r\nafter the intestate’s death: \r\n \r\n  Provided that where such deceased son h as left a widow or a widow of \r\na lineal descendant but no lineal descendant, the residue of his share after such \r\ndistribution has been made shall be divided in accordance with the provisions \r\nof this Chapter as property of which the intestate has died intest ate, and in \r\nmaking the division of such residue the said deceased son of the intestate s hall \r\nnot be taken into account. \r\n \r\n(b) If such deceased child was a daughter, her share shall be divi ded equally \r\namong her children. \r\n \r\n(c) If any child of such deceased ch ild has also died during the lifetime of the \r\nintestate, the share which he or she would have taken if living at the intestate ’s \r\ndeath shall be divided in like manner in accordance with clause ( a) or clause \r\n(b) as the case may be. \r\n \r\n(d) Where a remoter lineal descendant of the intestate has died during the lifetime \r\nof the intestate, the provisions of clause (c) shall apply mutatis mutandis to the \r\ndivision of any share to which he or she would have been entitled if living at \r\nthe intestate’s death by reason of the pre decease d of all the intestate ’s lineal \r\ndescendants directly between him or her and the intestate. \r\n  \r\n 54. Division of property where intestate leaves no lineal descendant but leaves a widow \r\nor widower or a widow of any lineal descendant.  Where a Par si dies without leaving any lineal \r\ndescendant but leaving a widow or widower or a widow of a lineal descendant, the property of which \r\nthe intestate dies intestate shall be divided in accordance with the following rules, namely:― \r\n \r\n(a) If the intestate leave s a widow or widower but no widow of a lineal \r\ndescendant, the widow or widower shall take half the said property.  \r\n \r\n(b) If the intestate leaves a widow or widower and also a widow of any lineal \r\ndescendant, his widow or her widower shall receive one -third o f the said \r\nproperty, and the widow of any lineal descendant shall receive another one -\r\nthird, or if there is more than one such  widow, the last mentioned one -third \r\nshall be divided equally among them. \r\n \r\n(c) If the intestate leaves no widow or widower but one  widow of a lineal \r\ndescendant, she shall receive one -third of the said property or, if the intestate \r\nleaves no widow or widower but more than one widow of a lineal descendant, \r\ntwo-thirds of the said property shall be divided among such widows in equal \r\nshares. \r\n \r\n(d) The residue after the division specified in clause ( a), (b) or (c) has been made \r\nshall be distributed among the relatives of the intestate in the order specified in \r\nPart I of Schedule II. The next -of-kin standing first in Part I of that Schedule \r\nshall be preferred to those standing second, the second to the third , and so on \r\nin succession, provided that the property shall be so distributed that each male  \r\n \r\nPage 35 of 133 \r\n \r\nshall take double the shore of each female standing in the same degree of \r\npropinquity. \r\n  \r\n(e) If there are no relatives entitled to the residue under clause ( d), the whole of \r\nthe residue shall be distributed in proportion to the share specified among the \r\npersons entitled to receive shares under this section. \r\n  \r\n 55. Division of property where intestate  leaves neither lineal descendants nor a widow \r\nor widower nor a widow of any lineal descendant . When a Parsi dies leaving neither lineal \r\ndescendants nor a widow or widower nor a widow of any lineal descendant, his or her next -of-kin, in \r\nthe order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of \r\nwhich he or she dies intestate. The next - of- kin standing first in Part II of that Schedule shall be \r\npreferred to those standing second, the second to the third, and so on in succession, provided that the \r\nproperty shall be so distributed that each male shall take double the share of each female standing in \r\nthe same degree of propinquity. \r\n  \r\n 56. Division of property where there is no relative entitled to succeed under t he other \r\nprovisions of this Chapter. Where there is no relative entitled to succeed under the other provisions \r\nof this Chapter to the property of which a Parsi has died intestate, the said property shall be divided \r\nequally among those of the intestate’s relatives who are in the nearest degree of kindred to him.]  \r\n____ \r\n \r\nPART VI \r\n \r\nTestamentary Succession \r\n \r\nCHAPTER I \r\n \r\nINTRODUCTORY \r\n \r\n 157. Application of certain provisions . The provisions of this Part which are set out in \r\nSchedule III shall, subject to the restrictions and modifications specified therein, apply— \r\n \r\n2[ *  *  *  *  *  *          *] \r\n \r\n(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or \r\nafter the first day of January, 1927 , to which those provisions are not applied \r\nby clauses (a) and (b): \r\n \r\n  Provided that marriage shall not revoke any such will or codicil.    \r\n 58. General application of Part. ___(1) The provisions of this Part shall not apply to \r\ntestamentary succession to the property of any 3[Muslim] nor, save as provided by sec tion 57, to \r\ntestamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina ; nor shall they apply \r\nto any will made before the first day of January, 1866 . \r\n \r\n (2) Save as provided in sub -section (1) or by any other law for the time being in fo rce, the \r\nprovisions of this Part shall constitute the law of 4[Pakistan] applicable to all cases of testamentary \r\nsuccession.  \r\n1The original s. 57 was re-numbered as sub-section (1) of that section, and a new sub-section (2) added by the Indian Succession (Amdt.) Act, 1926 (37 \r\nof 1926), s. (2) but subsequently sub-section (2) was omtted, and sub-section (1) was re-numbered as section 57, by the Indian Succession (Amdt.) Act, \r\n1929 (18 of 1929), s. 3. \r\n2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II. \r\n3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan” \r\n4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October 1955), for “the Provinces \r\nand the Capital of the Federation” which had been subs. A.O., 1949, for “British India”. \r\n \r\n \r\nPage 36 of 133 \r\n \r\nCHAPTER II \r\n \r\nOF WILLS AND CONDICILS \r\n \r\n 59. Person capable of making wills.  Every person of sound mind not being a minor may \r\ndispose of his property by will.  \r\n \r\n Explanation 1.― A married woman may dispose by will of any property which she could \r\nalienate by her own act during her life.  \r\n \r\n Explanation 2.___Persons who are deaf or dumb or blind are not thereby incapacitated for \r\nmaking a will if they are able to know what they do by it.  \r\n \r\n Explanation. 3.___ A person who is ordinarily insane may make a will during interval in \r\nwhich he is of sound mind.  \r\n  \r\n Explanation 4.___ No person can make a will while he is in such a state of mind, whether \r\narising from intoxication or f rom illness or from any other cause, that he does not know what he is \r\ndoing. \r\n \r\nIllustrations \r\n \r\n(i)  A can perceive what is going on in his immediate neighbourhood, and can \r\nanswer familiar questions, but has not a competent understanding as to the \r\nnature of h is property, or the persons who are of kindred to him, or in whose \r\nfavour it would be proper that he should make his will. A cannot make a valid \r\nwill. \r\n  \r\n(ii)  A executes an instrument purporting to be his will, but he does not understand \r\nthe nature of the instrument, nor the effect of its provisions. This instrument is \r\nnot a valid will. \r\n  \r\n(iii)  A, being very feeble and debilitated, but capable of exercising a judgment as \r\nto the proper mode of disposing of his property, makes a will. This is  a valid \r\nwill. \r\n \r\n 60. Testamentary guardian.  A father, whatever his age may be, may by will appoint a \r\nguardian or guardians for his child during minority. \r\n \r\n 61. Will obtained by fraud, coercion or importunity.  A will or any part of a will, the \r\nmaking of which has been caused by fraud or coercion, or by such importunity as takes away the free \r\nagency of the testator, is void. \r\n \r\nIllustrations \r\n \r\n(i)  A falsely and knowingly represents to the testator that the testator ’s only child \r\nis dead, or that he has done some undutiful act and thereby induces the testator \r\nto make a will in his, A ’s, favour; such will has been obtained by fraud, and is \r\ninvalid.  \r\n  \r\n(ii)  A, by fraud and deception, prevails upon the testator to bequeath a legacy to \r\nhim. The bequest is void.   \r\n \r\nPage 37 of 133 \r\n \r\n(iii)  A, being a prisoner by lawful authority, makes his will. The will is not invalid \r\nby reason of the imprisonment.  \r\n  \r\n(iv)  A threatens to shoot B, or to burn his house or to cause him to be arrested on a \r\ncriminal charge, unless he makes a bequest in favour of C. B, in c onsequence, \r\nmakes a bequest in favour of C. The bequest is void, the making of it having \r\nbeen caused by coercion.  \r\n  \r\n(v)  A, being of sufficient intellect, if undisturbed by the influence of others, to \r\nmake a will yet being so much under the control of B t hat he is not a free \r\nagent, makes a will, dictated by B. It appears that he would not have executed \r\nthe will but for fear of B. The will is invalid.  \r\n  \r\n(vi)  A, being in so feeble a state of health as to be unable to resist importunity, is \r\npressed by B to make a will of a certain purport and does so merely to \r\npurchase peace and in submission to B. The will is invalid.  \r\n  \r\n(vii)  A being in such a state of health as to be capable of exercising his own \r\njudgment and volition, B uses urgent intercession and pers uasion with him \r\nto induce him  to make a will of a certain purport. A, in consequence of the \r\nintercession and persuasion, but in the free exercise of his judgment and \r\nvolition makes his will in the manner recommended by B. The will is not \r\nrendered invalid by the intercession and persuasion of B.  \r\n  \r\n(viii)  A, with a view to obtaining a legacy from B, pays him attention and flatters \r\nhim and thereby produces in him a capricious partiality to A. B, in \r\nconsequence of such attention and flattery, makes his will, by which he leaves \r\na legacy to A. The bequest is not rendered invalid by the attention and flattery \r\nof A.  \r\n \r\n 62. Will may be revoked or altered. A will is liable to be revoked or altered by the maker of \r\nit at any time when he is competent to dispose of his property by will.  \r\n____ \r\n \r\nCHAPTER III \r\n \r\nOF THE EXECUTION OF UNPRIVILEGED WILLS \r\n \r\n 63. Execution of unprivileged wills.  Every testator, not being a soldier employed in an \r\nexpedition or engaged in actual warfare, 1[or an airman so employed or engaged,] or a mariner at sea, \r\nshall execute his will according to the following rules:___  \r\n  \r\n(a) The testator shall sign or shall affix his mark to the will, or it shall be signed \r\nby some other person in his presence and by his direction. \r\n  \r\n(b) The signature or mark of the testator, or the signature of the person signing for \r\nhim, shall be so placed that it shall appear that it was intended thereby to give \r\neffect to the writing as a will. \r\n \r\n \r\n \r\n1Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and 1st Sch. \r\n \r\nPage 38 of 133 \r\n \r\n(c) The will shall be attested by two or more witnesses, each of whom has seen \r\nthe testator sign or affix his mark to the will or has seen some other person \r\nsign the will, in the presence and by the direction of the testator, or has \r\nreceived from the testator a  personal acknowledgment of his signature or \r\nmark, or of the signature of such other person ; and each of the witnesses shall \r\nsign the will in the presence of the testator, but it shall not be necessary that \r\nmore than one witness be present at the same tim e, and no particular form of \r\nattestation shall be necessary.  \r\n \r\n 64. Incorporation of papers by reference . If a testator, in a will or codicil duly attested, \r\nrefers to any other document then actually written as expressing any part of his intentions, such \r\ndocument shall be deemed to form a part of the will or codicil in which it is referred to. \r\n_____ \r\n \r\nCHAPTER IV \r\n \r\nOF PRIVILEGED WILLS \r\n \r\n 65. Privileged wills.  Any soldier being employed in an expedition or engaged in actual \r\nwarfare, 1[or an airman so employed or  engaged,] or any mariner being at sea, may, if he has \r\ncompleted the age of eighteen years, dispose of his property by a will made in the manner provided \r\nin section 66. Such wills are called privileged wills. \r\n \r\nIllustrations \r\n \r\n(i)  A, a medical officer attac hed to a regiment, is actually employed in an \r\nexpedition. He is a soldier actually employed in an expedition, and can make a \r\nprivileged will. \r\n \r\n(ii)  A is at sea in a merchant- ship, of which he is the purser. He is a mariner, and, \r\nbeing at sea, can make a privileged will. \r\n  \r\n(iii)  A, a soldier serving in the field against insurgents, is a soldier engaged in \r\nactual warfare, and as such can make a privileged will. \r\n \r\n(iv)  A, a mariner of a ship, in the course of a voyage, is temporarily on shore while \r\nshe is lying in harbour. He is, for the purposes of this section, a mariner at sea, \r\nand can make a privileged will. \r\n \r\n (v)  A, an admiral who commands a naval force, but who lives on shore, and only \r\noccasionally goes on board his ship, is not considered as at  sea, and cannot \r\nmake a privileged will. \r\n \r\n(vi)  A, a mariner serving on a military expedition, but not being at sea, is \r\nconsidered as a soldier, and can make a privileged will. \r\n \r\n 66. Mode of making, and rules for executing, privileged wills .― (1) Privileged wills may \r\nbe in writing, or may be made by word of mouth. \r\n \r\n \r\n1Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and 1st Sch. \r\n \r\nPage 39 of 133 \r\n \r\n (2) The execution of privileged wills shall be governed by the following rules:― \r\n \r\n(a) The will may b e written wholly by the testator, with his own hand. In such \r\ncase it need not be signed or attested.  \r\n \r\n(b) It may be written wholly or in part by another person, and signed by the \r\ntestator. In such case it need not be attested. \r\n  \r\n(c) If the instrument purporting to be a will is written wholly or in part by another \r\nperson and is not signed by the testator, it shall be deemed to be his will, if it is \r\nshown that it was written by the testator’s directions or that he recognised it as \r\nhis will. \r\n \r\n(d) If it appears on the face of the instrument that the execution of it in the manner \r\nintended by the testator was not completed, the instrument shall not, by reason of \r\nthat circumstance, be invalid, provided that his non -execution of it can be \r\nreasonably ascribed to som e cause other than the abandonment of the \r\ntestamentary intentions expressed in the instrument. \r\n \r\n(e) If the soldier, 1[airman] or mariner has written instructions for the preparation \r\nof his will, but has died before it could be prepared and executed, such \r\ninstructions shall be considered to constitute his will. \r\n \r\n(f) If the soldier, 1[airman] or mariner has, in the presence of two witnesses, given \r\nverbal instructions for the preparation of his will, and they have been reduced \r\ninto writing in his lifetime, but  he has died before the instrument could be \r\nprepared and executed, such instructions shall be considered to constitute his \r\nwill, although they may not have been reduced into writing in his presence, \r\nnor read over to him. \r\n \r\n(g) The soldier, 1[airman] or mari ner may make a will by word of mouth by \r\ndeclaring his intentions before two witnesses present at the same time. \r\n  \r\n(h) A will made by word of mouth shall be null at the expiration of one month \r\nafter the testator, being still alive, has ceased to be entitled  to make a \r\nprivileged will.  \r\n____ \r\n \r\n \r\nCHAPTER V \r\n \r\nOF THE ATTESTATION, REVOCATION, ALTERATION AND REVIVAL OF WILLS. \r\n \r\n 67. Effect of gift to attesting witness. A will shall not be deemed to be insufficiently attested \r\nby reason of any benefit thereby given eithe r by way of bequest or by way of appointment to any \r\nperson attesting it, or to his or her wife or husband; but the bequest or appointment shall be void so \r\nfar as concerns the person so attesting, or the wife or husband of such person, or any person claimin g \r\nunder either of them.   \r\n \r\n \r\n \r\n1Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and 1st Sch. \r\n \r\nPage 40 of 133 \r\n \r\n Explanation.___ A legatee under a will does not lose his legacy by attesting a c odicil which \r\nconfirms the will. \r\n \r\n 68. Witness not disqualified by in terest or by being executor.  No person, by reason of \r\ninterest in, or of his being an executor of, a will, shall be disqualified as a witness to prove the \r\nexecution of the will or to prove the validity or invalidity thereof. \r\n \r\n 69. Revocation of will by test ator’s marriage. Every will shall be revoked by the marriage \r\nof the maker, except a will made in exercise of a power of appointment, when the property over \r\nwhich the power of appointment is exercised would not, in default of such appointment, pass to his \r\nor her executor or administrator, or to the person entitled in case of intestacy.  \r\n \r\n Explanation.___ Where a man is invested with power to determine the disposition of property \r\nof which he is not the owner, he is said to have power to appoint such property. \r\n \r\n 70. Revocation of unprivileged will or codicil.  No unprivileged will or codicil, nor any part \r\nthereof, shall be revoked otherwise than by marriage, or by another will or codicil, or by some \r\nwriting declaring an intention to revoke the same and executed in the manner in which an \r\nunprivileged will is hereinbefore required to be executed, or by the burning, tearing or otherwise \r\ndestroying the same by the testator or by some person in his presence and by his direction with the \r\nintention of revoking the same. \r\n \r\nIllustrations \r\n \r\n(i)  A has made an unprivileged will. Afterwards, A makes another unprivileged \r\nwill which purports to revoke the first. This is a revocation.  \r\n \r\n(ii)  A has made an unprivileged will. Afterwards, A, being entitled to make a \r\nprivileged will,  makes a privileged will, which purports to revoke his \r\nunprivileged will. This is a revocation. \r\n \r\n 71. Effect of obliteration, interlineation or alteration in unprivileged will . No \r\nobliteration, interlineation or other alteration made in any unprivileged wi ll after the execution \r\nthereof shall have any effect, except so far as the words or meaning of the will have been thereby \r\nrendered illegible or undiscernible, unless such alteration has been executed in like manner as \r\nhereinbefore is required for the execution of the will: \r\n  \r\n Provided that the will, as so altered, shall be deemed to be duly executed if the signature of \r\nthe testator and the subscription of the witnesses is made in the margin or on some other part of the \r\nwill opposite or near to such alterati on, or at the foot or end of or opposite to a memorandum \r\nreferring to such alteration, and written at the end or some other part of the will.  \r\n \r\n 72. Revocation of privileged will or codicil.  A privileged will or codicil may be revoked by \r\nthe testator by an  unprivileged will or codicil, or by any act expressing an intention to revoke it and \r\naccompanied by such formalities as would be sufficient to give validity to a privileged will, or by the \r\nburning, tearing or otherwise destroying the same by the testator,  or by some person in his presence \r\nand by his direction, with the intention of revoking the same.  \r\n \r\n Explanation.―In order to the revocation of a privileged will or codicil by an act \r\naccompanied by such formalities as would be sufficient to give validity to a privileged will, it is not \r\n \r\nPage 41 of 133 \r\n \r\nnecessary that the testator should at the time of doing that act be in a situation  which entitles him to \r\nmake a privileged will. \r\n  \r\n 73. Revival of unprivileged will .―(1) No unprivileged will or codicil, nor any part thereof, \r\nwhich has been revoked in any manner, shall be re vived otherwise than by the re -execution thereof, \r\nor by a codici l executed in manner hereinbefore required, and showing an intention to revive the \r\nsame.  \r\n \r\n (2) When any will or codicil, which has been partly revoked and afterwards wholly revoked, \r\nis revived, such revival shall not extend to so much thereof as has been revoked before the revocation \r\nof the whole thereof, unless an intention to the contrary is shown by the will or codicil. \r\n____ \r\n \r\n \r\nCHAPTER VI \r\n \r\nOF THE CONSTRUCTION OF WILLS \r\n \r\n 74. Wording of will.  It is not necessary that any technical words or terms of ar t be used in a \r\nwill, but only that the wording be such that the intentions of the testator can be known therefrom. \r\n  \r\n 75. Inquiries to determine questions as to object or subject of will . For the purpose of \r\ndetermining questions as to what person or what p roperty is denoted by any words used in a will, a \r\nCourt shall inquire into every material fact relating to the persons who claim to be interested under \r\nsuch will, the property which is claimed as the subject of disposition, the circumstances of the \r\ntestator and of his family, and into every fact a knowledge of which may conduce to the right \r\napplication of the words which the testator has used. \r\n  \r\nIllustrations \r\n \r\n(i)  A, by his will, bequeaths 1, 000 rupees to his eldest son or to his youngest \r\ngrandchild, or t o his cousin, Mary. A Court may make inquiry in order to \r\nascertain to what person the description in the will applies. \r\n \r\n(ii)  A, by his will, leaves to B “my estate called Black Acre”. It may be necessary \r\nto take evidence in order to ascertain what is the subject-matter of the bequest; \r\nthat is to say, what estate of the testator’s is called Black Acre. \r\n  \r\n(iii)  A, by his will, leaves to B “the estate which I purchased of C”. It may be \r\nnecessary to take evidence in order to ascertain what estate the testator  \r\npurchased of C.  \r\n \r\n 76. Misnomer or misdescription of object .―(1) Where the words used in a will to \r\ndesignate or describe a legatee or a class of legatees sufficiently show what is meant, an error in the \r\nname or description shall not prevent the legacy from taking effect. \r\n  \r\n (2) A mistake in the name of a legatee ma y be corrected by a description of him, and a \r\nmistake in the description of a legatee may be corrected by the name.  \r\n \r\n \r\nPage 42 of 133 \r\n \r\nIllustrations \r\n  \r\n(i)  A bequeaths a legacy to “Thomas, the second son of my brother John”. The \r\ntestator has an only brother named John, wh o has no son named Thomas, but \r\nhas a second son whose name is William. William will have the legacy.  \r\n  \r\n(ii)  A bequeaths a legacy “to Thomas, the second son of my brother John”. The \r\ntestator has an only brother, named John, whose first son is named  Thomas \r\nand whose second son is named William. Thomas will have the legacy.  \r\n \r\n(iii)  The testator bequeaths his property “to A and B, the legitimate children of C”. \r\nC has no legitimate child, but has two illegitimate children, A and B. The \r\nbequest to A and B takes effect, although they are illegitimate.  \r\n \r\n(iv)  The testator gives his residuary estate to be divided among “my seven \r\nchildren” and, proceeding to enumerate them, mentions six names  only. This \r\nomission will not prevent the seventh child from taking a share with the \r\nothers. \r\n \r\n(v)  The testator, having six grandchildren, makes a bequest to “my six \r\ngrandchildren” and, proceeding to mention them by their Christian  names, \r\nmentions one twice over omitting another altogether. The one whose name is \r\nnot mentioned will take a share with the others.  \r\n \r\n(vi)  The testator bequeaths “1, 000 rupees to each of the three children of A”. At \r\nthe date of the will A has four children. Each of these four children will, if he \r\nsurvives the testator, receive a legacy of 1, 000 rupees. \r\n  \r\n 77. When words may be supplied . Where any word material to the full expression of the \r\nmeaning has been omitted, it may be supplied by the context. \r\n  \r\nIllustration \r\n \r\n The testator gives a legacy of “five hundred” to his daughter A and a legacy of “f ive hundred \r\nrupees” to his daughter B. A will take a legacy of five hundred rupees. \r\n \r\n 78. Rejection of erroneous particulars in description of subject . If the thing which the \r\ntestator intended to bequeath can be sufficiently identified from the description  of it given in the will \r\nbut some parts of the description do not apply, such parts of the description shall be rejected as \r\nerroneous, and the bequest shall take effect. \r\n  \r\nIllustrations \r\n \r\n(i)  A bequeaths to B “my marsh-lands lying in L and in the occupation of X”. The \r\ntestator had marsh -lands lying in L but had no marsh -lands in the occupation \r\nof X. The words “in the occupation of X” shall be rejected as erroneous, and \r\nthe marsh-lands of the testator lying in L will pass by the bequest. \r\n  \r\n(ii) The testator bequeaths to A “my zamindari of Rampur”. He had an estate at \r\nRampur but it was a taluq and not a zamindari. The taluq passes by this \r\nbequest. \r\n \r\nPage 43 of 133 \r\n \r\n 79. When part of description may not be rejected as erroneous.  If a will mentions several \r\ncircumstances as descri ptive of the thing which the testator intends to bequeath, and there is any \r\nproperty of his in respect of which all those circumstances exist, the bequest shall be considered as \r\nlimited to such property and it shall not be lawful to reject any part of the description as erroneous, \r\nbecause the testator had other property to which such part of the description does not apply. \r\n  \r\n Explanation.___ In judging whether a case falls within the meaning of this section, any words \r\nwhich would be liable to rejection unde r section 78 shall be deemed to have been struck out of the \r\nwill. \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B “my marsh-lands lying in L and in the occupation of X”. The \r\ntestator had marsh- lands lying in L, some of which were in the occupation of \r\nX, and some no t in the occupation of X. The bequest will be considered as \r\nlimited to such of the testator ’s marsh -lands lying in L as were in the \r\noccupation of X. \r\n \r\n(ii)  A bequeaths to B “my marsh -lands lying in L and in the occupation of X, \r\ncomprising 1, 000 bighas of lands”. The testator had marsh -lands lying in L \r\nsome of which were in the occupation of X and some not in the occupation of \r\nX. The measurement is wholly inapplicable to the marsh -lands of either class, \r\nor to the whole taken together. The measurement will b e considered as struck \r\nout of the will, and such of the testator ’s marsh-lands lying in L as were in the \r\noccupation of X shall alone pass by the bequest. \r\n \r\n 80. Extrinsic evidence admissible in cases of patent ambiguity.  Where the words of a will \r\nare unambiguous, but it is found by extrinsic evidence that they admit of applications, one only of \r\nwhich can have been intended by the testator, extrinsic evidence may be taken to show which of \r\nthese applications was intended. \r\n  \r\nIllustrations \r\n \r\n (i)  A man, having t wo cousins of the name of Mary, bequeaths a sum of \r\n money to “my cousin Mary”. It appears that there are two persons, \r\n each answering the description in the will. That description, therefore, \r\n admits of two applications, only one of which can have been int ended \r\n by the testator. Evidence is admissible to show which of the two \r\n applications was intended.  \r\n \r\n (ii) A, by his will, leaves to B “my estate called Sultanpur Khurd”. It turns \r\n out that he had two estates called Sultanpur Khurd. Evidence is \r\n admissible to show which estate was intended.  \r\n  \r\n 81. Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.  Where \r\nthere is an ambiguity or deficiency on the face of a will, no extrinsic evidence as to the intentions of \r\nthe testator shall be admitted.  \r\n \r\n \r\nPage 44 of 133 \r\n \r\nIllustrations \r\n \r\n(i)  A man has an aunt, Caroline, and a cousin, Mary, and has no aunt of the name \r\nof Mary. By his will he bequeaths 1, 000 rupees to “my aunt, Caroline” and 1, \r\n000 rupees to “my cousin, Mary” and afterwards bequeaths 2, 000 rupees to \r\n“my before -mentioned aunt, Mary”. There is no person to whom the \r\ndescription given in the will can apply, and evidence is not admissible to show \r\nwho was meant by “my before -mentioned aunt, Mary”. The bequest is \r\ntherefore void for uncertainty under section 89.   \r\n(ii)  A bequeaths 1,000 rupees to   leaving a blank for the name of the \r\nlegatee. Evidence is not admissible to show what name the testator intended to \r\ninsert. \r\n \r\n(iii)  A bequeaths to B   rupees, or “my estate of”. Evidence is not \r\nadmissible to show what sum or what estate the testator intended to insert. \r\n \r\n 82. Meaning of clause to be collected from entire will.  The meaning of any clause in a will \r\nis to be collected from the entire instrument, and all its parts are to be construe d with reference to \r\neach other. \r\n \r\nIllustrations \r\n \r\n(i) The testator gives to B a specific fund or property at the death of A, and by a \r\nsubsequent clause gives the whole of his property to A. The effect of the \r\nseveral clauses taken together is to vest  the specific fund or property  in A for \r\nlife, and after his decease in B; it appearing from the bequest to B that the \r\ntestator meant to use in a restricted sense the words in which he describes what \r\nhe gives to A.  \r\n \r\n(ii)  Where a testator having an estate, one part of which is called B lack Acre, \r\nbequeaths the whole of his estate to A, and in another part of his will \r\nbequeaths Black Acre to B, the latter bequest is to be read as an exception out \r\nof the first as if he had said “I give Black Acre to B, and all the rest of my \r\nestate to A”.  \r\n \r\n 83. When words may be understood in restricted sense, and when in sense wider than \r\nusual. General words may be understood in a restricted sense where it may be collected from the will \r\nthat the testator meant to use them in a restricted sense; and words may be understood in a wider \r\nsense than that which they usually bear, where it may be collected from the other words of the will \r\nthat the testator meant to use them in such wider sense.   \r\nIllustrations \r\n \r\n(i)  A testator gives to A “my farm in the occupation  of B”, and to C “all my \r\nmarsh-lands in L”. Part of the farm in the occupation of B consists of marsh -\r\nlands in L, and the testator also has other marsh -lands in L. Thegeneral words, \r\n“all my marsh-lands in L,” are restricted by the gift  to A. A takes the whole of \r\nthe farm in the occupation of B, including that portion of the farm which \r\nconsists of marsh- lands in L.  \r\n \r\n(ii)  The testator (a sailor on ship - board) bequeathed to his mother his gold ring, \r\nbuttons and chest of clothes, and to his friend, A (a sh ipmate), his red box, \r\n \r\nPage 45 of 133 \r\n \r\nclasp-knife and all th ings not before bequeathed. The testator’s share in a \r\nhouse does not pass to A under this bequest. \r\n  \r\n(iii)  A, by his will, bequeathed to B  all his household furniture, plate, linen, china, \r\nbooks, pictures and al l ot her goods of whatever kind; and afterwards \r\nbequeathed to B a specified part of his property. Under the first bequest, B is \r\nentitled only to such articles of the testator’s as are of the same nature with the \r\narticles therein enumerated. \r\n  \r\n 84. Which of two possible constructions preferred.  Where a clause is susceptible of two \r\nmeanings according to one of which it has some effect, and according to the other of which it can \r\nhave none, the former shall be preferred. \r\n  \r\n 85. No part rejected, if can be it rea sonably construed. No part of a will shall be rejected \r\nas destitute of meaning if it is possible to put a reasonable construction upon it. \r\n \r\n 86. Interpretation of words repeated in different parts of will.  If the same words occur in \r\ndifferent parts of the same will, they shall be taken to have been used everywhere in the same sense, \r\nunless a contrary intention appears. \r\n  \r\n 87. Testator’s intention to be effectuated , as far as , possible. The intention of the testator \r\nshall not be set aside because it cannot t ake effect to the full extent, but effect is to be given to it as \r\nfar as possible.  \r\n \r\nIllustration \r\n \r\n The testator by a will made on his death -bed bequeathed all his property to C D for life and \r\nafter his decease to a certain hospital. The intention of the testator cannot take effect to its full extent, \r\nbecause the gift to the hospital is void under section 118, but it will take effect so far as regards the \r\ngift to C D. \r\n \r\n 88. The last of two inconsistent clauses prevails.  Where two clauses of gifts in a will are \r\nirreconcileable, so that they cannot possibly stand together, the last shall prevail. \r\n  \r\nIllustrations \r\n \r\n(i) The testator by the first clause of his will leaves his estate of 1[Gujrat] “to A”, \r\nand by the last clause of his will leaves it “to B and not to A”. B will have it.  \r\n \r\n(ii)  If a man, at the commencement of his will gives his house to A, and at the \r\nclose of it directs that his house shall be sold and the proceeds invested for the \r\nbenefit of B, the latter disposition will prevail. \r\n \r\n 89. Will or bequ est void for uncertainty.  A will or bequest not expressive of any definite \r\nintention is void for uncertainty. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration), Ordinance, 1981 (27 of 1981), s. 3, and Sch., II, for “Rangpur”. Which was previously \r\namended by Ord. 21 of 1960, s. 3 and 2nd Sch., for “Ramnagar” (w.e.f. 14th October, 1955). \r\n \r\nPage 46 of 133 \r\n \r\nIllustration \r\n \r\n If a testator says “I bequeath goods to A” , or “I bequeath to A”, or “I leave to A all the goods \r\nmentioned in the Schedule” and no Schedule is found, or “I bequeath ‘money’, ‘wheat’, ‘oil’,” or the \r\nlike, without saying how much, this is void.  \r\n \r\n 90. Words describing subject refer to property answering description at testator ’s \r\ndeath. The description contained in a will of property, the subject of gift, shall, unless a contrary \r\nintention appears by the will, be deemed to refer to and comprise the property answering that \r\ndescription at the death of the testator. \r\n \r\n 91. Power of appointment executed by general bequest.  Unless a contrary intention \r\nappears by the will, a bequest of the estate of the testator shall be construed to include any property \r\nwhich he may have power to appoint by will to any object he may think proper, and shall operate as \r\nan execution of such power; and a bequest of property described in a general manner shall be \r\nconstrued to include any property to which such description may extend, which he may have power \r\nto appoint by will to any object he may think proper, and shall operate as an execution of such \r\npower. \r\n \r\n 92. Implied gift to object s of power in default of appointment.  Where property is \r\nbequeathed to or for the benefit of certain objects as a specified person may appoint or for the benefit  \r\nof certain objects in such proportions as a specified person may appoint, and the will does not  \r\nprovide for the event of no appointment being made; if the power given by the will is not exercised, \r\nthe property belongs to all the objects of the power in equal shares. \r\n \r\nIllustration \r\n \r\n A, by his will, bequeaths a fund to his wife, for her life, and dire cts that at her death it shall \r\nbe divided among his children in such proportions as she shall appoint. The widow dies without \r\nhaving made any appointment. The fund will be divided equally among the children. \r\n  \r\n 93. Bequest to “heirs”, etc., of particular p erson without qualifying terms.  Where a \r\nbequest is made to the “heirs” or “right heirs” or “relations” or “nearest relations” or “family” or \r\n“kindred” or “nearest of kin” or “next -of-kin” of a particular person without any qualifying terms, \r\nand the class s o designated forms the direct and independent object of the bequest, the property \r\nbequeathed shall be distributed as if it had belonged to such person and he had died intestate in \r\nrespect of it, leaving assets for the payment of his debts independently of such property. \r\n  \r\nIllustrations \r\n \r\n(i)  A leaves his property “to my own nearest relations”. The property goes to \r\nthose who would be entitled to it if A had died intestate, leaving assets for the \r\npayment of his debts independently of such property. \r\n  \r\n(ii)  A bequeaths 10, 000 rupees “to B for his life, and, after the death of B, to my \r\nown right heirs”. The legacy after B ’s death belongs to those who would be \r\nentitled to it if it had formed part of A’s unbequeathed property.  \r\n \r\n(iii)  A leaves his property to B; but if B dies before him, to B ’s next-of-kin; B dies \r\nbefore A; the property devolves as if it had belonged to B, and he had died \r\n \r\nPage 47 of 133 \r\n \r\nintestate, leaving assets for the payment of his debts independently of such \r\nproperty.  \r\n \r\n(iv)  A leaves 10, 000 rupees “to B f or his life, and after his decease to the heirs of \r\nC”. The legacy goes as if it had belonged to C, and he had died intestate, \r\nleaving assets for the payment of his debts independently of the legacy.  \r\n \r\n 94. Bequest to “representatives”, etc., of particular person. Where a bequest is made to \r\nthe “representatives” or “legal representatives” or “personal representatives” or “executors or \r\nadministrators” of a particular person, and the class so designated forms the direct and independent \r\nobject of the bequest, t he property bequeathed shall be distributed as if it had belonged to such \r\nperson and he had died intestate in respect of it. \r\n \r\nIllustration \r\n \r\n A bequest is made to the “legal representatives” of A. A has died intestate and insolvent. B is \r\nhis administrator. B is entitled to receive the legacy, and will apply it in the first place to the \r\ndischarge of such part of A ’s debts as may remain unpaid: if there be any surplus B will pay it to \r\nthose persons who at A’s death would have been entitled to receive any property of A’ s which might \r\nremain after payment of his debts, or to the representatives of such persons.  \r\n \r\n 95. Bequest without words of limitation. Where property is bequeathed to any person, he is \r\nentitled to the whole interest of the testator therein, unle ss it appears from the will that only a \r\nrestricted interest was intended for him. \r\n  \r\n 96. Bequest in alternative.  Where property is bequeathed to a person with a bequest in the \r\nalternative to another person or to a class of persons, then, if a contrary inte ntion does not appear by \r\nthe will, the legatee first named shall be entitled to the legacy if he is alive at the time when it takes \r\neffect; but if he is then dead, the person or class of persons named in the second branch of the \r\nalternative shall take the legacy.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequest is made to A or to B. A survives the testator. B takes nothing.  \r\n \r\n(ii)  A bequest is made to A or to B. A dies after the date of the will, and before the \r\ntestator. The legacy goes to B. \r\n \r\n(iii)  A bequest is made to A  or to B. A is dead at the date of the will. The legacy \r\ngoes to B.  \r\n \r\n(iv)  Property is bequeathed to A or his heirs. A survives the testator. A  takes the \r\nproperty absolutely. \r\n \r\n(v)  Property is bequeathed to A or his nearest of kin. A dies in the lifetime o f the \r\ntestator. Upon the death of the testator, the bequest to A ’s nearest of kin takes \r\neffect. \r\n \r\n \r\nPage 48 of 133 \r\n \r\n(vi)  Property is bequeathed to A for life, and after his death to B or his heirs. A and \r\nB survive the testator. B dies in A ’s lifetime. Upon A ’s death the beq uest to \r\nthe heirs of B takes effect. \r\n  \r\n(vii)  Property is bequeathed to A for life, and after his death to B or his heirs. B \r\ndies in the testator ’s lifetime. A survives the testator. Upon A ’s death the \r\nbequest to the heirs of B takes effect. \r\n \r\n 97. Effect o f words describing a class added to bequest to person.  Where property is \r\nbequeathed to a person, and words are added which describe a class of persons but do not denote \r\nthem as direct objects of a distinct and independent gift, such person is entitled to t he whole interest \r\nof the testator therein, unless a contrary intention appears by the will. \r\n  \r\nIllustrations \r\n \r\n  (i)  A bequest is made― \r\n \r\n     A and his children,  \r\n to A and his children by his present wife,  \r\n to A and his heirs,  \r\n to A and the heirs of his body,  \r\n to A and the heirs male of his body,  \r\n to A and the heirs female of his body,  \r\n to A and his issue,  \r\n to A and his family,  \r\n to A and his descendants,  \r\n to A and his representatives,  \r\n to A and his personal representatives,  \r\n to A, his executors and administrators. \r\n \r\n  In each of these cases, A takes the whole interest which the testator had in the property. \r\n  \r\n(ii)  A bequest is made to A and his brothers. A and his brothers are jointly entitled \r\nto the legacy.  \r\n \r\n(iii)  A bequest is made to A for life and after his death to his issue. At the death of \r\nA the property belongs in equal shares to all persons who then answer  the \r\ndescription of issue of A. \r\n \r\n \r\nPage 49 of 133 \r\n \r\n 98. Bequest to class of persons under general description only.  Where a bequest is made \r\nto a class of persons under a general description only, no one to whom the words of the description \r\nare not in their ordinary sense applicable shall take the legacy. \r\n \r\n 99. Construction of terms. In a will― \r\n \r\n(a) the word “children” applies only to lineal descendants in the first degree of the \r\nperson whose “children” are spoken of;  \r\n \r\n(b) the word “grandchildren” applies only to lineal descendants in the second \r\ndegree of the person whose “grandchildren” are spoken of; \r\n  \r\n(c) the words “nephews” and “nieces” apply only to children of brothers or \r\nsisters; \r\n  \r\n(d) the words “cousins”, or “first cousins”, or “cousins -german”, apply only to \r\nchildren of brothers or of sisters of the father or mother of the person whose  \r\n“cousins”, or “first cousins”, or “cousins-german”, are spoken of; \r\n  \r\n(e) the words “first cousins once removed” apply only to children of cousins -\r\ngerman, or to cousins -german of a parent of the person whose “first cousins \r\nonce removed” are spoken of; \r\n  \r\n(f) the words “second cousins” apply only to grandchildren of brothers or of \r\nsisters of the grandfather or grandmother of the person whose “second \r\ncousins” are spoken of; \r\n  \r\n(g) the words “issue” and “descendants” apply to all lineal descendants whatever \r\nof the person whose “issue” or “descendants” are spoken of; \r\n  \r\n(h) words expressive of collateral relationship apply alike to relatives of full and \r\nof half blood; and  \r\n \r\n(i) all words expressive of relationship apply to a child in the womb who is \r\nafterwards born alive.  \r\n \r\n 100. Words expressing relationship denote only legitimate relatives or failing such \r\nrelatives reputed legitimate.  In the absence of any intimation to the contrary in a will, the word \r\n“child”, the word “son”, the word “daughter”, or any word whic h expresses relationship, is to be \r\nunderstood as denoting only a legitimate relative, or, where there is no such legitimate relative, a \r\nperson who has acquired, at the date of the will, the reputation of being such relative. \r\n  \r\nIllustrations \r\n \r\n(i)  A having three children, B, C and D, of whom B and C are legitimate and D is \r\nillegitimate, leaves his property to be equally divided among “my children”. \r\nThe property belongs to B and C in equal shares, to the exclusion of D. \r\n \r\n \r\nPage 50 of 133 \r\n \r\n(ii)  A, having a niece of illegitimat e birth, who has acquired the reputation of \r\nbeing his niece, and having no legitimate niece, bequeaths a sum of money to \r\nhis niece. The illegitimate niece is entitled to the legacy. \r\n  \r\n(iii)  A, having in his will enumerated his children, and named as one o f them B, \r\nwho is illegitimate, leaves a legacy to “my said children”. B will take a share \r\nin the legacy along with the legitimate children. \r\n \r\n(iv)  A leaves a legacy to “the children of B”. B is dead and has left none but \r\nillegitimate children. All those wh o had at the date of the will acquired the \r\nreputation of being the children of B are objects of the gift. \r\n  \r\n(v)  A bequeaths a legacy to “the children of B”. B never had any legitimate child. \r\nC and D had, at the date of the will, acquired the reputation of  being children \r\nof B. After the date of the will and before the death of the testator, E and F \r\nwere born, and acquired the  reputation of being children of B. Only C and D \r\nare objects of the bequest.  \r\n \r\n(vi)  A makes a bequest in favour of his child by a ce rtain woman, not his wife. B \r\nhad acquired at the date of the will the reputation of being the child of A by \r\nthe woman designated. B takes the legacy.  \r\n \r\n(vii)  A makes a bequest in favour of his child to be born of a woman who never \r\nbecomes his wife. The bequest is void.  \r\n \r\n(viii)  A makes a bequest in favour of the child of which a certain woman, not \r\nmarried to him, is pregnant. The bequest is valid.  \r\n \r\n 101. Rules of construction where will purports to make two bequests to same person.  \r\nWhere a will purports to make two bequests to the same person, and a question arises whether the \r\ntestator intended to make the second bequest instead of or in addition to the first; if there is nothing \r\nin the will to show what he intended, the following rules shall have effect in determining the \r\nconstruction to be put upon the will:― \r\n \r\n(a) If the same specific thing is bequeathed twice to the same legatee in the same \r\nwill or in the will and again in the codicil, he is entitled to receive that specific \r\nthing only.  \r\n \r\n(b) Where one and the same will or one and the same codicil purports to make, in \r\ntwo places, a bequest to the same person of the same quantity or amount of \r\nanything, he shall be entitled to one such legacy only. \r\n  \r\n(c) Where two legacies of unequal amount are given to th e same person in the \r\nsame will, or in the same codicil, the legatee is entitled to both.  \r\n \r\n(d) Where two legacies, whether equal or unequal in amount, are given to the \r\nsame legatee, one by a will and the other by a codicil, or each by a different \r\ncodicil, the legatee is entitled to both legacies. \r\n \r\n Explanation.___ In clauses (a) to (d) of this section, the word “will” does not include a codicil.  \r\n \r\nPage 51 of 133 \r\n \r\n \r\nIllustrations \r\n \r\n (i)  A, having ten shares, and no more, in the Imperial Bank of India, made \r\n his will, which contains near its commencement the words “I bequeath \r\n my ten shares in the Imperial Bank of India to B”. After other \r\n bequests, the will concludes with the words “and I bequeath my ten \r\n shares in the Imperial Bank of India to B”. B is entitled simply to \r\n receive A’s ten shares in the Imperial Bank of India.  \r\n \r\n (ii)  A, having one diamond ring, which was given him by B, bequeaths to \r\n C the diamond ring which was given by B. A afterwards made a \r\n codicil to his will, and thereby, after giving other leagacies, he  \r\n bequeathed to C the diamond ring which was given him by B. C can \r\n claim nothing except the diamond ring which was given to A by B. \r\n  \r\n (iii)  A, by his will, bequeaths to B the sum of 5, 000 rupees and afterwards \r\n in the same will repeats the bequest in t he same words. B is entitled to \r\n one legacy of 5, 000 rupees only.  \r\n \r\n (iv)  A, by his will, bequeaths to B the sum of 5, 000 rupees and afterwards \r\n in the same will bequeaths to B the sum of 6, 000 rupees. B is entitled \r\n to receive 11, 000 rupees.  \r\n \r\n (v)  A, by his will, bequeaths to B 5, 000 rupees and by a codicil to the will \r\n he bequeaths to him 5, 000 rupees. B is entitled to receive 10, 000 \r\n rupees.  \r\n \r\n (vi)  A, by one codicil  to his will, bequeaths to B 5, 000 rupees and by \r\n another codicil bequeaths t o him 6,000 rupees. B is entitled to receive \r\n 11,000 rupees.  \r\n \r\n (vii)  A, by his will, bequeaths “500 rupees to B because she was my nurse”, \r\n and in another part of the will bequeaths 500 rupees to B “because she \r\n went to England with my children”. B is ent itled to receive 1, 000 \r\n rupees.  \r\n \r\n (viii)  A, by his will, bequeaths to B the sum of 5, 000 rupees and also, in \r\n another part of the will, an annuity of 400 rupees. B is entitled to both \r\n legacies.  \r\n \r\n (ix)  A, by his will, bequeaths to B the sum of 5, 000  rupees and also \r\n bequeaths to him the sum of 5, 000 rupees if he shall attain the age of \r\n 18. B is entitled absolutely to one sum of 5, 000 rupees, and takes a \r\n contingent interest in another sum of 5, 000 rupees.  \r\n \r\n 102. Constitution of residuary legatee . A residuary legatee may be constituted by any \r\nwords that show an intention on the part of the testator that the person designated shall take the \r\nsurplus or residue of his property.  \r\n \r\n \r\nPage 52 of 133 \r\n \r\nIllustrations \r\n \r\n(i)  A makes her will, consisting of several testamentar y papers, in one of which \r\nare c ontained the following words: — “I think there will be something left, \r\nafter all funeral expenses, etc., to give to B, now at school, towards equipping \r\nhim to any profession he may hereafter be appointed to.” B is constituted \r\nresiduary legatee. \r\n  \r\n(ii)  A makes his will, with the following passage at the end of it: - “I believe there \r\nwill be found sufficient in my banker ’s hands to defray and discharge my \r\ndebts, which I hereby, desire B to do, and keep the residue for her own use and \r\npleasure.” B is constituted the residuary legatee.  \r\n \r\n(iii)  A bequeaths all his property to B, except certain stocks and funds, which he \r\nbequeaths to C. B is the residuary legatee.  \r\n \r\n 103. Property to which residuary legatee entitled. Under a residuary bequest, the legatee is \r\nentitled to all property belonging to the testator at the time of his death, of which he has not made \r\nany other testamentary disposition which is capable of taking effect. \r\n  \r\nIllustration \r\n \r\n A by his will bequeaths certain legacies,  of which one is void under section 118, and another \r\nlapses by the death of the legatee. He bequeaths the residue of his property to B. After the date of his \r\nwill A purchases a zamindari, which belongs to him at the time of his death. B is entitled to the two \r\nlegacies and the zamindari as part of the residue.  \r\n \r\n 104. Time of vesting legacy in general terms.  If a legacy is given in general terms, without \r\nspecifying the time when it is to be paid, the legatee has a vested interest in it from the day of the \r\ndeath of the testator, and, if he dies without having received it, it shall pass to his representatives. \r\n  \r\n 105. In what case legacy lapses. ___(1) If the legatee does not survive the testator, the legacy \r\ncannot take effect, but shall lapse and form part of t he residue of the testator ’s property, unless it \r\nappears by the will that the testator intended that it should go to some other person.  \r\n \r\n (2) In order to entitle the representatives of the legatee to receive the legacy, it must be \r\nproved that he survived the testator.  \r\n \r\nIllustrations \r\n \r\n(i)  The testator bequeaths to B “500 rupees which B owes me”. B dies before the \r\ntestator; the legacy lapses.  \r\n \r\n(ii)  A bequest is made to A and his children. A dies before the testator, or happens \r\nto be dead when the will is made. The legacy to A and his children lapses.  \r\n \r\n(iii)  A legacy is given to A, and, in case of his dying before the testator, to B. A \r\ndies before the testator. The legacy goes to B.  \r\n \r\n \r\nPage 53 of 133 \r\n \r\n(iv)  A sum of money is bequeathed to A for life, and after his death to B. A dies in \r\nthe lifetime of the testator; B survives the testator. The bequest to B takes \r\neffect.  \r\n \r\n(v)  A sum of money is bequeathed to A on his completing his eighteenth year, and \r\nin case he should die before he completes his eighteenth year, to B. A  \r\ncompletes his eighteenth year, and dies in the lifetime of the testator. The \r\nlegacy to A lapses, and the bequest to B does not take effect.  \r\n \r\n(vi)  The testator and the legatee perished in the same ship -wreck. There is no \r\nevidence to show which died first. The legacy lapses.  \r\n \r\n 106. Legacy does not lapse if one of two joint legatees die before testator.  If a legacy is \r\ngiven to two persons jointly, and one of them dies before the testator, the other legatee takes the \r\nwhole.  \r\n \r\nIllustration \r\n \r\n The legacy is simply to A and B. A dies before the testator. B takes the legacy.  \r\n \r\n 107. Ef fect of words showing testator ’s intention to give distinct shares.  If a legacy is \r\ngiven to legatees in words which show that the testator intended to give them distinct shares of i t, \r\nthen, if any legatee dies before the testator, so much of the legacy as was intended for him shall fall \r\ninto the residue of the testator’s property. \r\n \r\nIllustration \r\n \r\n A sum of money is bequeathed to A, B and C, to be equally divided among them. A dies \r\nbefore the testator. B and C will only take so much as they would have had if A had survived the \r\ntestator. \r\n  \r\n 108. When lapsed share goes as undisposed of.  Where a share which lapses is a part of the \r\ngeneral residue bequeathed by the will, that share shall go as undisposed of.  \r\n \r\nIllustration \r\n \r\n The testator bequeaths the residue of his estate to A, B and C, to be equally divided between \r\nthem. A dies before the testator. His one- third of the residue goes as undisposed of.  \r\n \r\n 109. When bequest to testator’s child or lineal descendant does not lapse on his death in \r\ntestator’s lifetime. Where a bequest has been made to any child or other lineal descendant of the \r\ntestator, and the legatee dies in the lifetime of the testator, but any lineal descendant of his survive s \r\nthe testator, the bequest shall not lapse, but shall take effect as if the death of the legatee had \r\nhappened immediately after the death of the testator, unless a contrary intention appears by the will. \r\n \r\nIllustration \r\n \r\n A makes his will, by which he beque aths a sum of money to his son, B, for his own absolute \r\nuse and benefit. B dies before A, leaving a son, C, who survives A, and having made his will \r\nwhereby he bequeaths all his property to his widow, D. The money goes to D. \r\n \r\nPage 54 of 133 \r\n \r\n  \r\n 110. Bequest to A for benefit of B does not lapse by A’s death. Where a bequest is made to \r\none person for the benefit of another, the legacy does not lapse by the death, in the testator’s lifetime, \r\nof the person to whom the bequest is made.  \r\n \r\n 111. Survivorship in case of bequest to described class. Where a bequest is made simply to \r\na described class of persons, the thing bequeathed shall go only to such as are alive at the testator ’s \r\ndeath.  \r\n \r\n Exception.___ If property is bequeathed to a class of persons described as standing in a \r\nparticular degree of kindred to a specified individual, but their possession of it is deferred until a time \r\nlater than the death of the testator by reason of a prior bequest or otherwise, the property shall at that \r\ntime go to such of them as are then alive, and to the representatives of any of them who have died \r\nsince the death of the testator.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths 1, 000 rupees to “the children of B” without saying when it is to \r\nbe distributed among them. B had died previous to the date of the w ill, leaving \r\nthree children, C, D and E. E died after the date of the will, but before the \r\ndeath of A. C and D survive A. The legacy will belong to C and D, to the \r\nexclusion of the representatives of E.  \r\n \r\n(ii)  A lease for years of a house, was bequeathed to A for his life, and after his \r\ndecease to the children of B. At the death of the testator, B had two children \r\nliving, C and D, and he never had any other child. Afterwards, during the \r\nlifetime of A, C died, leaving E, his executor. D has survived A, D an d E are \r\njointly entitled to so much of the leasehold term as remains unexpired. \r\n  \r\n(iii) A sum of money was bequeathed to A for her life, and after her decease to the \r\nchildren of B. At the death of the testator, B had two children living, C and D, \r\nand, after that event, two children, E and F, were born to B. C and E died in \r\nthe lifetime of A, C having made a will, E having made no will. A has died, \r\nleaving D and F surviving her. The legacy is to be divided into four equal \r\nparts, one of which is to be paid to  the executor of C, one to D, one to the \r\nadministrator of E and one to F.  \r\n \r\n(iv)  A bequeaths one - third of his lands to B for his life, and after his decease to \r\nthe sisters of B. At the death of the testator, B had two sisters living, C and D, \r\nand after t hat event another sister E was born. C died during the life of B, D \r\nand E have survived B. One -third of A ’s land belong to D, E and the \r\nrepresentatives of C, in equal shares.  \r\n \r\n(v)  A bequeaths 1, 000 rupees to B for life and after his death equally among the \r\nchildren of C. Up to the death of B, C had not had any child. The bequest after \r\nthe death of B is void.  \r\n \r\n(vi)  A bequeaths 1, 000 rupees to “all the children born or to be born” of B to be \r\ndivided among them at the death of C. At the death of the test ator, B has two \r\nchildren living, D and E. After the death of the testator, but in the lifetime of \r\n \r\nPage 55 of 133 \r\n \r\nC, two other children, F and G, are born to B. After the death of C, another \r\nchild is born to B. The legacy belongs to D, E, F and G, to the exclusion of the \r\nafter- born child of B. \r\n  \r\n(vii)  A bequeaths a fund to the children of B, to be divided among them when the \r\neldest shall attain majority. At the testator ’s death, B had one child living, \r\nnamed C. He afterwards had two other children, named D and E. E died,  but C \r\nand D were living when C attained majority. The fund belongs to C, D and the \r\nrepresentatives of E, to the exclusion of any child who may be born to B after \r\nC’s attaining majority.  \r\n_______ \r\n \r\nCHAPTER VII \r\n \r\nOF VOID BEQUETS \r\n \r\n 112. Bequest to person by pa rticular description, who is not in existence at testator ’s \r\ndeath. Where a bequest is made to a person by a particular description, and there is no person in \r\nexistence at the testator’s death who answers the description, the bequest is void.   \r\n Exception.___ If property is bequeathed to a person described as standing in a particular \r\ndegree of kindred to a specified individual, but his possession of it is deferred until a time later than \r\nthe death of the testator, by reason of a prior bequest or otherwise; a nd if a person answering the \r\ndescription is alive at the death of the testator, or comes into existence between that event and such \r\nlater time, the property shall, at such later time, go to that person, or, if he is dead, to his \r\nrepresentatives. \r\n  \r\nIllustrations \r\n \r\n(i)  A bequeaths 1, 000 rupees to the eldest son of B. At the death of the testator, B \r\nhas no son. The bequest is void. \r\n \r\n(ii)  A bequeaths 1, 000 rupees to B for life, and after his death to the eldest son of \r\nC. At the death of the testator, C had n o son. Afterwards, during the life of B, \r\na son is born to C. Upon B’s death the legacy goes to C’s son.   \r\n(iii)  A bequeaths 1, 000 rupees to B for life, and after his death to the eldest son of \r\nC. At the death of the testator, C had no son. Afterwards, du ring the life of B, \r\na son, named D, is born to C. D dies, then B dies. The legacy goes to the \r\nrepresentative of D.   \r\n(iv)  A bequeaths his estate of Green Acre to B for life, and at his decease, to the \r\neldest son of C. Up to the death of B, C has had no so n. The bequest to C ’s \r\neldest son is void.  \r\n \r\n(v)  A bequeaths 1, 000 rupees to the eldest son of C, to be paid to him after the \r\ndeath of B. At the death of the testator C has no son, but a son is afterwards \r\nborn to him during the life of B and is alive at B ’s death. C’s son is entitled to \r\nthe 1, 000 rupees.  \r\n \r\n 113. Bequest to person not in existence at testator ’s death subject to prior bequest.  \r\nWhere a bequest is made to a person not in existence at the time of the testator ’s death, subject to a \r\nprior bequest contained in the will, the later bequest shall be void, unless it comprises the whole of \r\nthe remaining interest of the testator in the thing bequeathed.  \r\n \r\nPage 56 of 133 \r\n \r\n \r\nIllustrations \r\n \r\n(i) Property is bequeathed to A for his life, and after his death to his eldest son for \r\nlife, and after the death of the latter to his eldest son. At the time of the \r\ntestator’s death, A has no son. Here the bequest to A ’s eldest son is a bequest \r\nto a person not in existence at the testator’s  death. It is not a bequest of the \r\nwhole interest that remains to the testator. The bequest to A ’s eldest son for \r\nhis life is void.  \r\n \r\n(ii)  A fund is bequeathed to A for his life, and after his death to his daughters. A \r\nsurvives the testator. A has daughters some of whom were not in existence at \r\nthe testator’s death. The bequest to A’s daughters comprises the whole interest \r\nthat remains to the testator in the thing bequeathed. The bequest to A ’s \r\ndaughters is valid.  \r\n \r\n(iii)  A fund is bequeathed to A for his life, and after his death to his daughters, with \r\na direction that, if any of them marries under the age of eighteen, her portion \r\nshall be settled so that it may belong to herself for life and may be divisible \r\namong her children after her death. A has no daughters living at the time of the \r\ntestator’s death, but has daughters born afterwards who survive him. Here the \r\ndirection for a settlement has the effect in the case of each daughter who marries \r\nunder eighteen of substituting for the absolute bequest to her a bequest to her \r\nmerely for her life; that i s to say, a bequest to a person not in existence at the \r\ntime of the testator’s death of something which is less than the whole interest \r\nthat remains to the testator in the thing bequeathed. The direction to settle the \r\nfund is void.  \r\n \r\n(iv)  A bequeaths a sum of money to B for life, and directs that upon the death of B \r\nthe fund shall be settled upon his daughters, so that the portion of each \r\ndaughter may belong to herself for life, and may be divided among her \r\nchildren after her death. B has no daughter livin g at the time of the testator ’s \r\ndeath. In this case the only bequest to the  daughters of B is contained in the \r\ndirection to settle the fund, and this direction amounts to a bequest to persons \r\nnot yet born, of a life-interest  in the fund, that is to say, of something which is \r\nless than the whole interest that remains to the testator in the thing bequeathed. \r\nThe direction to settle the fund upon the daughters of B is void.  \r\n \r\n 114. Rule against perpetuity.  No bequest is valid whereby the vesting of the thing  \r\nbequeathed may be delayed beyond the life-time of one or more persons living at the testator ’s death \r\nand the minority of some person who shall be in existence at the expiration of that period, and to \r\nwhom, if he attains full age, the thing bequeathed is to belong.  \r\n \r\nIllustrations \r\n \r\n(i)  A fund is bequeathed to A for his life and after his death to B for his life I and \r\nafter B’s death to such of the sons of B as shall first attain the age of 25. A and \r\nB survive the testator. Here the son of B who shall first  attain the age of 25 \r\nmay be a son born after the death of the testator; such son may not attain 25 \r\nuntil more than 18 years have elapsed from the death of the longer liver of A \r\n \r\nPage 57 of 133 \r\n \r\nand B; and the vesting of the fund may thus be delayed beyond the lifetime of \r\nA and B and the minority of the sons of B. The bequest after B’s death is void. \r\n  \r\n(ii)  A fund is bequeathed to A for his life, and after his death to B for his life, and \r\nafter B’s death to such of B ’s sons as shall first attain the age of 25. B dies in \r\nthe lifetime of the testator, leaving one or more sons. In this case the sons of B \r\nare persons living at the time of the testator ’s decease, and the time when \r\neither of them will attain 25 necessarily falls within his own lifetime. The \r\nbequest is valid.  \r\n \r\n(iii)  A fund is bequeathed to A for his life, and after his death to B for his life, with \r\na direction that after B’s death it shall be divided amongst such of B’s children \r\nas shall attain the age of 18, but that, if no child of B shall attain that age, the \r\nfund shall go to C. Here the time for the division of the fund must arrive at the \r\nlatest at the expiration of 18 years from the death of B, a person living at the \r\ntestator’s decease. All the bequests are valid.  \r\n \r\n(iv)  A fund is bequeathed to trustees for the benefit of the testator ’s daughters, \r\nwith a direction that, if any of them marry under age, her share of the fund \r\nshall be settled so as to devolve after her death upon such of her children as \r\nshall attain the age of 18. Any daughter of the testator to  whom the direction \r\napplies must be in existence at his decease, and any portion of the fund which \r\nmay eventually be settled as directed must vest not later than 18 years from the \r\ndeath of the daughters whose share it was. All these provisions are valid. \r\n \r\n 115. Bequest to a class some of whom may come under rule in Section 113 and 114.  If a \r\nbequest is made to a class of persons with regard to some of whom it is inoperative by reason of the \r\nprovisions of section 113 or section 114, such bequest shall be 1[ v oid in regard to those persons \r\nonly, and not in regard to the whole class].  \r\n \r\nIllustrations \r\n \r\n(i)  A fund is bequeathed to A for life, and after his death to all his children who \r\nshall attain the age of 25. A survives the testator, and has some children liv ing \r\nat the testator ’s death. Each child of A ’s living at the testator ’s death must \r\nattain the age of 25 (if at all) within the limits allowed for a bequest. But A \r\nmay have children after the testator ’s decease, some of whom may not attain \r\nthe age of 25 until more than 18 years have elapsed after the decease of A. The \r\nbequest to A ’s children, therefor, is inoperative as to any child born after the \r\ntestator’s death; 2[and in regard to those who do not attain the age of 25 within \r\n18 years after A’s death, but is operative in regard to the other children of A].  \r\n \r\n(ii)  A fund is bequeathed to A for his life, and after his death to B, C, D and all \r\nother children of A who shall attain the age of 25. B, C, D are children of A \r\nliving at the testator’s decease. In all other respects the case is the same as that \r\nsupposed in Illustration ( i). 2[Although the mention of B, C and D does not \r\nprevent the bequest from being regarded as a bequest to a class, it is not  \r\nwholly void. It is operative as regards any of the children  B, C or D, who \r\nattains the age of 25 within 18 years after A’s death]. \r\n \r\n \r\n  \r\n1 Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 14, for “wholly void”. \r\n2 Subs. ibid., for certain original words. \r\n \r\nPage 58 of 133 \r\n \r\n 1[116. Bequest to take effec t on failure of prior bequest.  Where by reason of any of the \r\nrules contained in sections 113 and 114, any bequest in favour of a person or of a class of persons is \r\nvoid in regard to such person or the whole of such class, any bequest contained in the same will and \r\nintended to take effect after or upon failure of such prior bequest is also void.] \r\n \r\nIllustrations \r\n \r\n(i)  A fund is bequeathed to A for his life, and after his death to such of his sons as \r\nshall first attain the age of 25, for his life, and after th e decease of such son to \r\nB. A and B survive the testator. The bequest to B is  intended to take effect \r\nafter the bequest to such of the sons of A as  shall first attain the age of 25, \r\nwhich bequest is void under section 114. The bequest to B is void. \r\n \r\n(ii)  A fund is bequeathed to A for his life, and after his death to such of his sons as \r\nshall first attain the age of 25, and, if no son of A shall attain that age, to B. A \r\nand B survive the testator. The bequest to B is intended to take effect upon \r\nfailure of the bequest to such of A ’s sons as shall first attain the age of 25, \r\nwhich bequest is void under section  114. The bequest to B is void. \r\n   \r\n \r\n 2[117. Effect of direction for accumulation. ___(1) Where the terms of a will direct that the \r\nincome arising from  any property shall be accumulated either wholly or in part during any period \r\nlonger than a period of eighteen years from the death of the testator, such direction shall, save as \r\nhereinafter provided, be void to the extent to which the period during which the accumulation is \r\ndirected exceeds the aforesaid period, and at the end of such period of eighteen years the property \r\nand the income thereof shall be disposed of as if the period during which the accumulation has been \r\ndirected to be made had elapsed. \r\n \r\n (2) This section shall not affect any direction for accumulation for the purpose of― \r\n \r\n(i)  the payment of the debts of the testator or any other person taking any interest \r\nunder the will, or  \r\n \r\n(ii)  the provision of portions for children or remoter issue of the testator or of any \r\nother person taking any interest under the will, or  \r\n \r\n(iii)  the preservation or maintenance of any property bequeathed;  \r\n and such direction may be made accordingly.] \r\n \r\n 118. Bequest to religious or charitable uses.  No man having a nephew or niece or any \r\nnearer relative shall have power to bequeath any property t o religious or charitable uses, except by a \r\nwill executed not less than twelve months before his death, and deposited within six months from its \r\nexecution in some place provided by law for the safe custody of the wills of living persons. \r\n \r\n \r\n1 Subs.by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 14, for the original section.    \r\n2 Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 14.,for the original section and the illustrations thereto. \r\n   \r\n \r\nPage 59 of 133 \r\n \r\nIllustrations \r\n \r\n A having a nephew makes a bequest by a will not executed and deposited as required― \r\n \r\n  for the relief of poor people;  \r\n \r\n  for the maintenance of sick soldiers ; \r\n  for the erection or support of a hospital ; \r\n   the education and preferment of orphans ; \r\n  for the support of scholars; \r\n  for the erection or support of a school ; \r\n  for the building and repairs of a bridge ; \r\n  for the making of roads ; \r\n  for the erection or support of a church ; \r\n  for the repairs of a church ; \r\n  for the benefit of ministers of religion ; \r\n  for the formation or support of a public garden. \r\n \r\n All these bequests are void. \r\n____ \r\n \r\nCHAPTER VIII \r\n \r\nOF THE VESTING OF LEGACIES \r\n \r\n 119. Date of vesting of legacy when payment or possession postponed. Where by the terms of a \r\nbequest the legatee is not entitled to immediate possession of the thing bequeathed, a right to receive it at the \r\nproper time shall, unless a contrary intention appears by the will, become vested in the legatee on the testator’s \r\ndeath, and shall pass to the legatee ’s representatives if he dies before that time and without having \r\nreceived the legacy, and in su ch cases the legacy is from the testator ’s death said to be vested in \r\ninterest.  \r\n \r\n Explanation.___ An intention that a legacy to any person shall not become vested in interest in \r\nhim is not to be inferred merely from a provision whereby the payment or poss ession of the thing \r\nbequeathed is postponed, or whereby a prior interest therein is bequeathed to some other person, or \r\nwhereby the income arising from the fund bequeathed is directed to be accumulated until the time of \r\npayment arrives, or from a provision  that, if a particular event shall happen, the legacy shall go over \r\nto another person. \r\n  \r\nIllustrations \r\n \r\n(i)  A bequeaths to B 100 rupees, to be paid to him at the death of C. On A ’s death \r\nthe legacy becomes vested in interest in B, and if he dies before C,  his \r\nrepresentatives are entitled to the legacy.  \r\n \r\nPage 60 of 133 \r\n \r\n \r\n(ii) A bequeaths to B 100 rupees, to be paid to him upon his attaining the age of \r\n18. On A’s death the legacy becomes vested in interest in B. \r\n \r\n(iii)  A fund is bequeathed to A for life, and after his deat h to B. On the testator ’s \r\ndeath the legacy to B becomes vested in interest in B.  \r\n (iv) A fund is bequeathed to A until B attains the age of 18 and then to B. The \r\nlegacy to B is vested in interest from the testator’s death.  \r\n \r\n(v) A bequeaths the whole of h is property to B upon trust to pay certain debts out \r\nof the income, and then to make over the fund to C. At A ’s death the gift to C \r\nbecomes vested in interest in him.  \r\n \r\n(vi)  A fund is bequeathed to A, B and C in equal shares to be paid to them on their \r\nattaining the age of 18, respectively, with a proviso that, if all of them die \r\nunder the age of 18, the legacy shall devolve upon D. On the death of the \r\ntestator, the shares vested in interest in A, B and C, subject to be divested in \r\ncase A, B and C shall al l die under 18, and, upon the death of any of them \r\n(except the last survivor) under the age of 18, his vested interest passes, so \r\nsubject, to his representatives.  \r\n \r\n 120. Date of vesting when legacy contingent upon specified uncertain event. ___(1) A \r\nlegacy bequeathed in case a specified uncertain event shall happen does not vest until that event \r\nhappens.  \r\n \r\n (2) A legacy bequeathed in case a specified uncertain event shall not happen does not vest \r\nuntil the happening of that event becomes impossible.  \r\n \r\n (3) In either case, until the condition has been fulfilled, the interest of the legatee is called \r\ncontingent.  \r\n \r\n Exception.___ Where a fund is bequeathed to any person upon his attaining a particular age, \r\nand the will also gives to him absolutely the income to arise from the fund before he reaches that age, \r\nor directs the income, or so much of it as may be necessary, to be applied for his benefit, the bequest \r\nof the fund is not contingent.  \r\n \r\nIllustrations \r\n \r\n(i)  A legacy is bequeathed to D in case A, B and C sha ll all die under the age of \r\n18. D has a contingent interest in the legacy until A, B and C all die under 18, \r\nor one of them attains that age.  \r\n  \r\n(ii)  A sum of money is bequeathed to A “in case he shall attain the age of 18”, or \r\n“when he shall attain the a ge of 18”. A ’s interest in the legacy is contingent \r\nuntil the condition is fulfilled by his attaining that age.  \r\n \r\n(iii)  An estate is bequeathed to A for life, and after his death to B if B shall then be \r\nliving; but if B shall not be then living to C. A, B  and C survive the testator. B \r\nand C each take a contingent interest in the estate until the event which is to \r\nvest it in one or in the other has happened.  \r\n \r\nPage 61 of 133 \r\n \r\n \r\n(iv)  An estate is bequeathed as in the case last supposed. B dies in the lifetime of A \r\nand C. Upon the death of B, C acquires a vested right to obtain possession of \r\nthe estate upon A’s death.  \r\n \r\n(v)  A legacy is bequeathed to A when she shall attain the age of 18, or shall marry \r\nunder that age with the consent of B, with a proviso that, if she neither attains \r\n18 nor marries under that age with B’s consent, the legacy shall go to C. A and \r\nC each take a contingent interest in the legacy. A attains the age of 18. A \r\nbecomes absolutely entitled to the legacy although she may have married \r\nunder 18 without the consent of B.  \r\n \r\n(vi)  An estate is bequeathed to A until he shall marry and after that event to B. B ’s \r\ninterest in the bequest is contingent until the condition is fulfilled by A ’s \r\nmarrying.  \r\n \r\n(vii)  An estate is bequeathed to A until he shall take advant age of any law for the \r\nrelief of insolvent debtors, and after that event to B. B ’s interest in the bequest \r\nis contingent until A takes advantage of such a law.  \r\n \r\n(viii)  An estate is bequeathed to A if he shall pay 500 rupees to B. A’s interest in the \r\nbequest is contingent until he has paid 500 rupees to B.  \r\n \r\n(ix)  A leaves his farm of Sultanpur Khurd to B, if B shall convey his own farm of \r\nSultanpur Buzurg to C. B ’s interest in the bequest is contingent until he has \r\nconveyed the latter farm to C.  \r\n \r\n(x)  A fund is bequeathed to A if B shall not marry C within five years after the \r\ntestator’s death. A ’s interest in the legacy is contingent until the condition is \r\nfulfilled by the expiration of the five years without B ’s having married C, or \r\nby the occurrence within that period of an event which makes the fulfilment of \r\nthe condition impossible.  \r\n \r\n(xi)  A fund is bequeathed to A if B shall not make any provision for him by will. \r\nThe legacy is contingent until B’s death.  \r\n \r\n(xii)  A bequeaths to B 500 rupees a year upon his attaining the age of 18, and \r\ndirects that the interest, or a competent part thereof, shall be applied for his \r\nbenefit until he reaches that age. The legacy is vested.  \r\n \r\n(xiii)  A bequeaths to B 500 rupees when he shall attain the age of 18, and di rects \r\nthat a certain sum, out of another fund, shall be applied for his maintenance \r\nuntil he arrives at that age. The legacy is contingent.  \r\n \r\n 121. Vesting of interest in bequest to such members of a class as shall have attained \r\nparticular age. Where a beq uest is made only to such members of a class as shall have attained a \r\nparticular age, a person who has not attained that age cannot have a vested interest in the legacy.  \r\n \r\n Illustration \r\n A fund is bequeathed to such of the children of A as shall attain the  age of 18, with a \r\ndirection that, while any child of A shall be under the age of 18, the income of the share, to which it \r\n \r\nPage 62 of 133 \r\n \r\nmay be presumed he will be eventually entitled, shall be applied for his maintenance and education. \r\nNo child of A who is under the age of 18 has a vested interest in the bequest.  \r\n____ \r\n \r\nCHAPTER IX \r\n \r\nOF ONEROUS BEQUESTS \r\n \r\n 122. Onerous bequests . Where a bequest imposes an obligation on the legatee, he can take \r\nnothing by it unless he accepts it fully.  \r\n \r\nIllustration \r\n \r\n A, having shares in ( X), a prosperous joint stock company and also shares in (Y), a joint \r\nstock company in difficulties, in respect of which shares heavy calls are expected to be made, \r\nbequeaths to  B all his shares in joint stock companies; B refuses to accept the shares in (Y ). He \r\nforfeits the shares in (X).  \r\n \r\n 123. One of two separate and independent bequests to same person may be accepted, \r\nand other refused. Where a will contains two separate and independent bequests to the same person, \r\nthe legatee is at liberty to accept on e of them and refuse the other, although the former may be \r\nbeneficial and the latter onerous.  \r\nIllustration \r\n \r\n A, having a lease for a term of years of a house at a rent which he and his representatives are \r\nbound to pay during the term, and which is higher than the house can be let for, bequeaths to B the \r\nlease and a sum of money. B refuses to accept the lease. He will not by this refusal forfeit the money. \r\n  \r\n___ \r\n \r\nCHAPTER X \r\n \r\nOF CONTINGENT BEQUESTS \r\n \r\n 124. Bequest contingent upon specified uncertain event, no time being mentioned for its \r\noccurrence. Where a legacy is given if a specified uncertain event shall happen and no time is \r\nmentioned in the will for the occurrence of that event, the legacy cannot take effect, unless such \r\nevent happens before the period when the fund bequeathed is payable or distributable.  \r\n \r\nIllustrations \r\n \r\n(i)  A legacy is bequeathed to A, and, in case of his death, to B. If A survives the \r\ntestator, the legacy to B does not take effect.  \r\n \r\n(ii)  A legacy is bequeathed to A, and, in case of his death without children, to B. If \r\nA survives the testator or dies in his lifetime leaving a child, the legacy to B \r\ndoes not take effect.  \r\n \r\n(iii)  A legacy is bequeathed to A when and if he attains the age of 18, and, in case \r\nof his death, to B. A attains the age of 18. The legacy to B does not take effect.  \r\n \r\n \r\nPage 63 of 133 \r\n \r\n(iv)  A legacy is bequeathed to A for life, and, after his death to B, and, “in case of \r\nB’s death without children”, to C. The words “in case of B ’s death without \r\nchildren” are to be understood as me aning “in case B dies without children \r\nduring the lifetime of A”. \r\n \r\n(v)  A legacy is bequeathed to A for life, and, after his death to B, and, “in case of \r\nB’s death”, to C. The words “in case of B ’s death” are to be considered as \r\nmeaning “in case B dies in the lifetime of A”.  \r\n \r\n 125. Bequest to such of certain persons as shall be surviving at some period not \r\nspecified. Where a bequest is made to such of certain persons as shall be surviving at some period, \r\nbut the exact period is not specified, the legacy sh all go to such of them as are alive at the time of \r\npayment or distribution, unless a contrary intention appears by the will.  \r\n \r\nIllustrations \r\n \r\n(i)  Property is bequeathed to A and B to be equally divided between them, or to \r\nthe survivor of them. If both A and B survive the testator, the legacy is equally \r\ndivided between them. If A dies before the testator, and B survives the \r\ntestator, it goes to B.  \r\n \r\n(ii)  Property is bequeathed to A for life, and, after his death, to B and C, to be \r\nequally divided between t hem, or to the survivor of them. B dies during the \r\nlife of A; C survives A. At A’s death the legacy goes to C.  \r\n \r\n(iii)  Property is bequeathed to A for life, and after his death to B and C, or the \r\nsurvivor, with a direction that, if B should not survive th e testator, his children \r\nare to stand in his place. C dies during the life of the testator; B survives the \r\ntestator, but dies in the lifetime of A. The legacy goes to the representative of \r\nB.  \r\n \r\n(iv)  Property is bequeathed to A for life, and, after his dea th, to B and C, with a \r\ndirection that, in case either of them dies in the lifetime of A, the whole shall \r\ngo to the survivor. B dies in the lifetime of A. Afterwards C dies in the \r\nlifetime of A. The legacy goes to the representative of C.  \r\n \r\n______ \r\n \r\nCHAPTER XI \r\n \r\nOF CONDITIONAL BEQUESTS \r\n \r\n 126. Bequest upon impossible condition. A bequest upon an impossible condition is void.  \r\n \r\nIllustrations \r\n \r\n(i)  An estate is bequeathed to A on condition that he shall walk 100 miles in an \r\nhour. The bequest is void. \r\n \r\n(ii)  A bequeaths 500 rupees to B on condition that he shall marry A ’s daughter. \r\nA’s daughter was dead at the date of the will. The bequest is void.  \r\n \r\nPage 64 of 133 \r\n \r\n 127. Bequest upon illegal or immoral condition. A bequest upon a condition, the fulfilment \r\nof which would be contrary to law or to morality, is void. \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths 500 rupees to B on condition that he shall murder C. The bequest \r\nis void. \r\n  \r\n(ii)  A bequeaths 5,000 rupees to his niece if she will desert her husband. The \r\nbequest is void.  \r\n \r\n 128. Fulfilme nt of condition precedent to vesting of legacy . Where a will imposes a \r\ncondition to be fulfilled before the legatee can take a vested interest in the thing bequeathed, the \r\ncondition shall be considered to have been fulfilled if it has been substantially complied with.  \r\n \r\nIllustrations \r\n \r\n(i)  A legacy is bequeathed to A on condition that he shall marry with the consent \r\nof B, C, D and E. A marries with the written consent of B, C is present at the \r\nmarriage. D sends a present to A previous to the marriage. E has  been \r\npersonally informed by A of his intentions, and has made no objection. A has \r\nfulfilled the condition. \r\n  \r\n(ii)  A legacy is bequeathed to A on condition that he shall marry with the consent \r\nof B, C and D. D dies. A marries with the consent of B and C. A has fulfilled \r\nthe condition.  \r\n \r\n(iii)  A legacy is bequeathed to A on condition that he shall marry with the consent \r\nof B, C and D. A marries in the lifetime of B, C and D, with the consent of B \r\nand C only. A has not fulfilled the condition.  \r\n \r\n(iv)  A legacy is bequeathed to A on condition that he shall marry with the consent \r\nof B, C and D. A obtains the unconditional assent of B, C and D to his \r\nmarriage with E. Afterwards B, C and D capriciously retract their consent. A \r\nmarries E. A has fulfilled the condition.  \r\n \r\n(v)  A legacy is bequeathed to A on condition that he shall marry with the consent \r\nof B, C and D. A marries without the consent of B, C and D but obtains their \r\nconsent after the marriage. A has not fulfilled the condition.  \r\n \r\n(vi)  A makes his will whereby he bequeaths a sum of money to B if B shall marry \r\nwith the consent of A ’s executors. B marries during the lifetime of A, and A \r\nafterwards expresses his approbation of the marriage. A dies. The bequest to B \r\ntakes effect.  \r\n \r\n(vii)  A legacy is bequea thed to A if he executes a certain document within a time \r\nspecified in the will. The document is executed by A within a reasonable time, \r\nbut not within the time specified in the will. A has not performed the \r\ncondition, and is not entitled to receive the legacy.  \r\n \r\n \r\nPage 65 of 133 \r\n \r\n 129. Bequest to A and on failure of prior bequest to B.  Where there is a bequest to one \r\nperson and a bequest of the same thing to another, if the prior bequest shall fail, the second bequest \r\nshall take effect upon the failure of the prior bequest although the failure may not have occurred in \r\nthe manner contemplated by the testator.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths a sum of money to his own children surviving him, and, they all \r\ndie under 18, to B. A dies without having sever had a child. The beques t to B \r\ntakes effect. \r\n  \r\n(ii)  A bequeaths a sum of money to B, on condition that he shall execute a certain \r\ndocument within three months after A ’s death, and, if he should neglect to do \r\nso, to C. B dies in the testator’s life-time. The bequest to C takes effect.  \r\n \r\n 130. When second bequest not to take effect on failure of first.  Where the will shows an \r\nintention that the second bequest shall take effect only in the event of the first bequest failing in a \r\nparticular manner, the second bequest shall not take e ffect, unless the prior bequest fails in that \r\nparticular manner.  \r\n \r\nIllustration \r\n \r\n A makes a bequest to his wife, but in case she should die in his lifetime, bequeaths to B that \r\nwhich he had bequeathed to her. A and his wife perish together, under circumsta nces which make it \r\nimpossible to prove that she died before him; the bequest to B does not take effect. \r\n  \r\n 131. Bequest over conditional upon happening or not happening of specified uncertain \r\nevent.___(1) A bequest may be made to any person with the condit ion super- added that, in case a \r\nspecified uncertain event shall happen, the thing bequeathed shall go to another person, or that in \r\ncase a specified uncertain event shall not happen, the thing bequeathed shall go over to another \r\nperson.  \r\n \r\n (2) In each case the ulterior bequest is subject to the rules contained in sections 120, 121, 122, \r\n123, 124, 125, 126, 127, 129 and 130.  \r\n \r\nIllustrations \r\n \r\n(i)  A sum of money is bequeathed to A, to be paid to him at the age of 18, and if \r\nhe shall die before he attains tha t age, to B. A takes a vested interest in the \r\nlegacy subject to be divested and to go to B in case A dies under 18.  \r\n   \r\n(ii)  An estate is bequeathed to A with a proviso that if A shall dispute the \r\ncompetency of the testator to make a will, the estate shal l go to B. A disputes \r\nthe competency of the testator to make a will. The estate goes to B.  \r\n \r\n(iii)  A sum of money is bequeathed to A for life, and, after his death, to B; but if B \r\nshall then be dead, leaving a son, such son is to stand in the place of B. B takes \r\na vested interest in the legacy, subject to be divested if he dies leaving a son in \r\nA’s lifetime.  \r\n \r\n \r\nPage 66 of 133 \r\n \r\n(iv)  A sum of money is bequeathed to A and B, and if either should die during the \r\nlife of C, then to the survivor living at the death of C. A and B  die before C. \r\nThe gift over cannot take effect, but the representative of A takes one -half of \r\nthe money, and the representative of B takes the other half.  \r\n \r\n(v)  A bequeaths to B the interest of a fund for life, and directs the fund to be \r\ndivided at her death equally among her three children, or such of them as shall \r\nbe living at her death. All the children of B die in B ’s lifetime. The bequest \r\nover cannot take effect, but the interests of the children pass to their \r\nrepresentatives.  \r\n \r\n 132. Condition must be strictly fulfilled . An ulterior bequest of the kind contemplated by \r\nsection 131 cannot take effect, unless the condition is strictly fulfilled.  \r\n \r\nIllustrations \r\n \r\n(i) A legacy is bequeathed to A, with a proviso that, if he marries without the \r\nconsent of B , C and D, the legacy shall go to E. D dies. Even if A marries \r\nwithout the consent of B and C, the gift to E does not take effect.  \r\n \r\n(ii)  A legacy is bequeathed to A, with a proviso that, if he marries without the \r\nconsent of B, the legacy shall go to C. A  marries with the consent of B. He \r\nafterwards becomes a widower and marries again without the consent of B. \r\nThe bequest to C does not take effect.  \r\n \r\n(iii)  A legacy is bequeathed to A, to be paid at 18, or marriage, with a proviso that, \r\nif A dies under 18 or marries without the consent of B, the legacy shall go to \r\nC. A marries under 18, without the consent of B. The bequest to C takes \r\neffect.  \r\n \r\n 133. Original bequest not affected by invalidity of second.  If the ulterior bequest be not \r\nvalid the original bequest is not affected by it.  \r\n \r\nIllustrations \r\n \r\n(i)  An estate is bequeathed to A for his life with condition super -added that, if he \r\nshall not on a given day walk 100 miles in an hour, the estate shall go to B. \r\nThe condition being void, A retains his estate as if no condition had been \r\ninserted in the will.  \r\n \r\n(ii)  An estate is bequeathed to A for her life and, if she do not desert her husband, \r\nto D. A is entitled to the estate during her life as if no condition had been \r\ninserted in the will.  \r\n \r\n(iii)  An estate is bequeathed to A for life, and, if he marries, to the eldest son of B \r\nfor life. B, at the date of the testator ’s death, had not had a son. The bequest \r\nover is void under section 105, and A is entitled to the estate during his life. \r\n  \r\n 134. Bequest cond itioned that it shall cease to have effect in case a specified uncertain \r\nevent shall happen, or not happen . A bequest may be made with the condition superadded that it \r\n \r\nPage 67 of 133 \r\n \r\nshall cease to have effect in case a specified uncertain event shall happen, or in case a specified \r\nuncertain event shall not happen.  \r\n \r\nIllustrations \r\n \r\n(i)  An estate is bequeathed to A for his life, with a proviso that, in case he shall \r\ncut down a certain wood, the bequest shall cease to have any effect. A cuts \r\ndown the wood. He loses his life- interest in the estate.  \r\n \r\n(ii)  An estate is bequeathed to A, provided that, if he marries under the age of 25 \r\nwithout the consent of the executors named in the will, the estate shall cease to \r\nbelong to him. A marries under 25 without the consent of the  executors. The \r\nestate ceases to belong to him.  \r\n \r\n(iii)  An estate is bequeathed to A, provided that, if he shall not go to England \r\nwithin three years after the testator ’s death, his interest in the estate shall \r\ncease. A does not go to England within the t ime prescribed. His interest in the \r\nestate ceases.  \r\n \r\n(iv)  An estate is bequeathed to A, with a proviso that, if she becomes a nun, she \r\nshall cease to have any interest in the estate. A becomes a nun. She loses her \r\ninterest under the will.  \r\n \r\n(v)  A fund is bequeathed to A for life, and, after his death, to B, if B shall be then \r\nliving, with a proviso that, if B shall become a nun, the bequest to her shall \r\ncease to have any effect. B becomes a nun in the lifetime of A. She thereby \r\nloses her contingent interest in the fund.  \r\n \r\n 135. Such condition must not be invalid under section 120.  In order that a condition that a \r\nbequest shall cease to have effect may be valid, it is necessary that the event to which it relates be \r\none which could legally constitute the condition of a bequest as contemplated by section 120.  \r\n \r\n 136. Result of legatee rendering impossible or indefinitely postponing act for which no \r\ntime specified, and on non -performance of which subject matter to go over . Where a bequest  is \r\nmade with a conditi on superadded that, unless the legatee shall perform a certain act, the subject -\r\nmatter of the bequest shall go to another person, or the bequest shall cease to have effect but no time \r\nis specified for the performance of the act; if the legatee takes any st ep which renders impossible or \r\nindefinitely postpones the performance of the act required, the legacy shall go as if the legatee had \r\ndied without performing such act.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequest is made to A, with a proviso that, unless he enters the A rmy, the \r\nlegacy shall go over to B. A takes Holy Orders, and thereby renders it \r\nimpossible that he should fulfil the condition. B is entitled to receive the \r\nlegacy.  \r\n \r\n(ii)  A bequest is made to A, with a proviso that it shall cease to have any effect if \r\nhe does not marry B ’s daughter. A marries a stranger and thereby indefinitely \r\npostpones the fulfilment of the conditions. The bequest ceases to have effect.  \r\n \r\nPage 68 of 133 \r\n \r\n 137. Performance of condition, precedent or subsequent, within specified time. Further \r\ntime in case  of fraud.  Where the will requires an act to be performed by the legatee within a \r\nspecified time, either as a condition to be fulfilled before the legacy is enjoyed, or as a condition \r\nupon the non- fulfilment of which the subject - matter of the bequest is to go over to another person \r\nor the bequest is to cease to have effect, the act must be performed within the time specified, unless \r\nthe performance of it be prevented by fraud, in which case such further time shall be allowed as shall \r\nbe requisite to make up for the delay caused by such fraud.  \r\n____ \r\n \r\nCHAPTER XII \r\n \r\nOF BEQUESTS WITH DIRECTIONS AS TO APPLICATION OR ENJOYMENT \r\n \r\n 138. Direction that fund be employed in particular manner following absolute bequest \r\nof same to or for benefit of any person . Where a fund is bequeathed absolutely to or for the benefit \r\nof any person, but the will contains a direction that it shall be applied or enjoyed in a particular \r\nmanner, the legatee shall be entitled to receive the fund as if the will had contained no such direction.   \r\nIllustration \r\n \r\n A sum of money is bequeathed towards purchasing a country residence for A, or to purchase \r\nan annuity for A, or to place A in any business. A chooses to receive the legacy in money. He is \r\nentitled to do so.    \r\n 139. Direction that mode of enjoyment of absolute bequest is to be restricted, to secure \r\nspecified benefit for legatee. Where a testator absolutely bequeaths a fund, so as to sever it from his \r\nown estate but directs that the mode of enjoyment of it by the legatee shall be restricted so as to \r\nsecure a specified benefit for the legatee; if that benefit cannot be obtained for the legatee, the fund \r\nbelongs to him as if the will had contained no such direction.  \r\n \r\nIllustrations \r\n \r\n(i) A bequeaths the residue of his property to be divided equa lly among his \r\ndaughters, and directs that the shares of the daughters shall be settled upon \r\nthemselves respectively for life and be paid to their children after their death. \r\nAll the daughters die unmarried. The representatives of each daughter are \r\nentitled to her share of the residue.  \r\n \r\n(ii)  A directs his trustees to raise a sum of money for his daughter, and he then \r\ndirects that they shall invest the fund and pay the income arising from it to her \r\nlife, and divide the principal among her children after her  death. The daughter \r\ndies without having ever had a child. Her representatives are entitled to the \r\nfund.  \r\n \r\n 140. Bequest of fund for certain purposes, some of which cannot be fulfilled.  Where a \r\ntestator does not absolutely bequeath a fund, so as to sever i t from his own estate, but gives it for \r\ncertain purposes, and part of those purposes cannot be fulfilled, the fund, or so much of it as has not \r\nbeen exhausted upon the objects contemplated by the will, remains a part of the estate of the testator.  \r\n \r\nIllustrations \r\n \r\n(i)  A directs that his trustees shall invest a sum of money in a particular way, and \r\nshall pay the interest to his son for life, and at his death shall divide the \r\nprincipal among his children. The son dies without having ever had a child. \r\nThe fund, after the son’s death, belongs to the estate of the testator.  \r\n \r\n \r\nPage 69 of 133 \r\n \r\n(ii)  A bequeaths the residue of his estate, to be divided equally among his \r\ndaughters, with a direction that they are to have the interest only during their \r\nlives, and that at their deceas e the fund shall go to their children. The \r\ndaughters have no children. The fund belongs to the estate of the testator.  \r\n_____ \r\n \r\nCHAPTER XIII \r\n \r\nOF BEQUESTS TO AN EXECUTOR \r\n \r\n 141. Legatee named as executor cannot take unless he shows intention to act as \r\nexecutor. If a legacy is bequeathed to a person who is named an executor of the will, he shall not \r\ntake the legacy, unless he proves the will or otherwise manifests an intention to act as executor.  \r\n \r\nIllustration \r\n \r\n A legacy is given to A, who is named an executor . A orders the funeral according to the \r\ndirections contained in the will, and dies a few days after the testator, without having proved the will. \r\nA has manifested an intention to act as executor.  \r\n_____ \r\n \r\nCHAPTER XIV \r\n \r\n \r\nOF SPECIFIC LEGACIES \r\n \r\n \r\n 142. Specific legacy defined. Where a testator bequeaths to any person a specified part of his \r\nproperty, which is distinguished from all other parts of his property, the legacy is said to be specific.  \r\n \r\nIllustrations   \r\n(i)  A bequeaths to B―  \r\n \r\n   “the diamond ring presented to me by C”:  \r\n   “my gold chain”:  \r\n   “a certain bale of wool”:  \r\n   “a certain piece of cloth”: \r\n   “all my household goods which shall be in or about my dwelling-   \r\n   house in M Street, in 1[Karachi], at time of my death”: \r\n   “the sum of 1, 000 rupees in a certain chest”: \r\n   “the debt which B owes me”: \r\n   “all my bills, bonds and securities belonging to me lying in my   \r\n   lodgings in 1[Karachi]”: \r\n   “all my furniture in my house in 1[Karachi]”: \r\n   “all my goods on board a certain ship now lying in the river 2[Indus]”: \r\n   “2, 000 rupees which I have in the hands of C”: \r\n   “the money due to me on the bond of D”: \r\n   “my mortgage on the 3[Rahimyar khan] factory”: \r\n   “one- half of the money owing to me on my mortgage of    \r\n   3[Rahimyarkhan] factory”: \r\n   “1, 000 rupees, being part of a debt due to me from C”: \r\n   “my capital stock of 1, 000, in East India Stock”: \r\n   “my promissory notes of the 4[Federal Government] for 10, 000 rupees  \r\n   in their 4 percent loan”: \r\n    \r\n1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II for “Calcutta”. \r\n2 Subs. ibid., for “Hughli”. \r\n3Subs. ibid., for “Rampur”. \r\n43Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government which was previously amended by A.O., 1937 for “G. of I.”. \r\n \r\nPage 70 of 133 \r\n \r\n \r\n   “all such sums of money as my executors may, after my death, receive  \r\n   in respect of the debt due to me from the insolvent firm of D and   \r\n   Company”: \r\n   “all the wine which I may have in my cellar at the time of my death”: \r\n   “such of my horses as B may select”: \r\n   “all my shares in the 1[National Bank of Pakistan]”: \r\n   “all my shares in the 1[National Bank of Pakistan] which I may possess  \r\n   at the time of my death”:   \r\n   “all the money which I have in the 5-1/2 per cent. loan of the 2[Federal  \r\n   Government]”: \r\n   “all the Government securities I shall be entitled to at the time of my  \r\n   decease.” \r\n \r\n Each of these legacies is specific.  \r\n \r\n  (ii)  A, having Government promissory notes for 10,000 rupees, bequeaths  \r\n   to his executors “Government promissory notes for 10,000 rupees in  \r\n   trust to sell” for the benefit of  B. The legacy is specific. \r\n \r\n  \r\n(iii)  A having property at 3[Peshawar], and also in other places, bequeaths  to \r\nB all his property at 3[Peshawar]. The legacy is specific.  \r\n \r\n(iv)  A bequeaths to B― \r\n \r\n     his house in 4[Karachi]:  \r\n     his zamindari of 5[Rahimyarkhan]:  \r\n     his taluq of 6[Nawabshah]:  \r\n     his lease of the indigo- factory of Salkya: \r\n     an annuity of 500 rupees out of the rents of his zamindari of W.    \r\n            A directs his zamindari of X to be sold, and the proceeds to be invested for the benefit of B.   \r\n Each of these bequests is specific.   \r\n  (v)  A by his will charges his zamindari of Y with an annuity of 1, 000   \r\n   rupees to C during his life, and subject to this charge he bequeaths the  \r\n   zamindari to D. Each of these bequests is specific. \r\n \r\n  (vi)  A bequeaths a sum of money― \r\n     to buy a house in 4[Karachi] for B:  \r\n     to buy an estate in zila 7[Peshawar] for B:  \r\n     to buy a diamond ring for B;  \r\n     to buy a horse for B:  \r\n     to be invested in shares in the 8[National Bank of Pakistan] for \r\n     B:  \r\n     to be invested in Government securities for B.  \r\n \r\n  \r\n1Subs. by Ord. 27 of 1981, s. 3 and Sch., II for “ Imperial Bank of India”. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table for “Central Government which was previously amended by A.O., 1937 for “G. of I.  \r\n3Subs. ibid., for “Benares” \r\n4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Sch., II, for “Calcutta”.  \r\n5Subs. ibid., for “Rampur”. \r\n6Subs. ibid., for “Ramnagar”. \r\n7Subs. ibid., for “Faridpur”. \r\n8Subs. ibid., for “Imperial Bank of India”. \r\n \r\n \r\n \r\nPage 71 of 133 \r\n \r\n  A bequeaths to B― \r\n \r\n     “a diamond ring”: \r\n     “a horse”: \r\n     “10, 000 rupees worth of Government securities”: \r\n     “an annuity of 500 rupees”: \r\n     “2, 000 rupees to be paid in cash”: \r\n     “so much money as will produce 5, 000 rupees four per cent.  \r\n     Government securities.”  \r\n \r\n   These bequests are not specific. \r\n \r\n(vii)  A, having property in England and property in 1[Pakistan], bequeaths a legacy \r\nto B, and directs that it shall be paid out of the property which he may leave in \r\n1[Pakistan]. He also  bequeaths a legacy to C, and directs that it shall be paid \r\nout of property which he may leave in England. No one of these legacies is \r\nspecific. \r\n \r\n \r\n 143. Bequest of certain sum where stocks, etc., in which invested are described.  Where a \r\ncertain sum is bequ eathed, the legacy is not specific merely because the stock, funds or securities in \r\nwhich it is invested are described in the will.  \r\n \r\nIllustration \r\n A bequeaths to B― \r\n   “10, 000 rupees of my funded property”: \r\n  “10, 000 rupees of my property now invested in shares of the 2[National Bank of  \r\n  Pakistan]”: \r\n  “10, 000 rupees, at present secured by mortgage of  3[Rahimyarkhan] factory.”  \r\n  No one of these legacies is specific.  \r\n \r\n 144. Bequest of stock where testator had, at date of will, equal or greater amount  of \r\nstock of same kind.  Where a bequest is made in general terms of a certain amount of any kind of \r\nstock, the legacy is not specific merely because the testator was, at the date of his will, possessed of \r\nstock of the specified kind, to an equal or greater amount than the amount bequeathed. \r\n  \r\nIllustration \r\n \r\n A bequeaths to B 5,000 rupees five per cent. Government securities. A had at the date of the \r\nwill five per cent. Government securities for 5,000 rupees. The legacy is not specific.   \r\n 145. Bequest of money where not payable until part of testator’s property disposed of in \r\ncertain way.  A money legacy is not specific merely because the will directs its payment to be \r\npostponed until some part of the property of the testator has been reduced to a certain form , or \r\nremitted to a certain place.  \r\n \r\nIllustration \r\n \r\n A bequeaths to B 10, 000 rupees and directs that this legacy shall be paid as soon as A ’s \r\nproperty in India shall be realised in England. The legacy is not specific.  \r\n \r\n 146. When enumerated articles not de emed specifically bequeathed.  Where a will \r\ncontains a bequest of the residue of the testator ’s property along with an enumeration of some items \r\nof property not previously bequeathed, the articles enumerated shall not be deemed to be specifically \r\nbequeathed.    \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Sch., II, for “India”. \r\n2 Subs. ibid., for “East Indian Railway Company”. \r\n3Subs. ibid., for “Rampur”. \r\n \r\n \r\nPage 72 of 133 \r\n \r\n  147. Retention, in form of specific bequest to several persons in succession.  \r\nWhere property is specifically bequeathed to two or more persons in succession, it shall be retained \r\nin the form in which the testator left it, although it may be of such a nature that its value is \r\ncontinually decreasing. \r\n \r\nIllustrations \r\n \r\n(i)  A, having lease of a house for a term of years, fifteen of which were unexpired \r\nat the time of his death, has bequeathed the lease to B for his life, and after B’s \r\ndeath to C. B is to enjoy the property as A left it, although, if B lives for \r\nfifteen years, C can take nothing under the bequest.   \r\n(ii)  A, having an annuity during the life of B, bequeaths it to C, for his life, and, \r\nafter C’s death, to D. C is to enjoy the annuity as A left it, although, if B dies \r\nbefore D, D can take nothing under the bequest.  \r\n \r\n 148. Sale and investment of proceeds of property bequeathed to two or more person in \r\nsuccession. Where property comprised in a bequest to two or more persons in succession is not \r\nspecifically bequeathed, it shall, in the absence of any dire ction to the contrary, be sold, and the \r\nproceeds of the sale shall be invested in such securities as the High Court may by any general rule \r\nauthorise or direct, and the fund thus constituted shall be enjoyed by the successive legatees \r\naccording to the terms of the will.  \r\n \r\nIllustration \r\n \r\n A, having a lease for a term of years, bequeaths all his property to B for life, and, after B ’s \r\ndeath, to C. The lease must be sold, the proceeds invested as stated in this section and the annual \r\nincome arising from the fund  is to be paid to B for life. At B ’s death the capital of the fund is to be \r\npaid to C.  \r\n \r\n 149. Where deficiency of assets to pay legacies, specific legacy not to abate with general \r\nlegacies. If there is a deficiency of assets to pay legacies, a specific le gacy is not liable to abate with \r\nthe general legacies.  \r\n____ \r\n \r\nCHAPTER XV \r\n \r\nOF DEMONSTRATIVE LEGACIES \r\n \r\n 150. Demonstrative legacy defined. Where a testator bequeaths a certain sum of money, or a \r\ncertain quantity of any other commodity, and refers to a partic ular fund or stock so as to constitute \r\nthe same the primary fund or stock out of which payment is to be made, the legacy is said to be \r\ndemonstrative.  \r\n \r\n Explanation.―The distinction between a specific legacy and a demonstrative legacy consists \r\nin this, that― \r\n \r\n where specified property is given to the legatee, the legacy is specific;  \r\n \r\n where the legacy is directed to be paid out of specified property, it is demonstrative.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B, 1, 000 rupees, being part of a debt due to him from W. He \r\nalso bequeaths to C 1, 000 rupees to be paid out of the debt due to him from \r\nW. The legacy to B is specific, the legacy to C is demonstrative.  \r\n \r\n \r\nPage 73 of 133 \r\n \r\n(ii)  A bequeaths to B___ \r\n \r\n    “ten bushels of the corn which shall grow in my field of Green Acre”: \r\n    “80 chests of the indigo which shall be made at my factory of  \r\n    1[Rahimyarkhan]”: \r\n \r\n    “10, 000 rupees out of my five per cent. promissory notes of the  \r\n    2[Federal Government]”:   \r\n \r\n    an annuity of 500 rupees “from my funded property”:  \r\n    “1, 000 rupees out of the sum of 2, 000 rupees due to me by C”:  \r\n    an annuity, and directs it to be paid “out of the rents arising from my \r\n    taluk of  3[Nawabshah]”.  \r\n \r\n(iii)  A bequeaths to B___ \r\n \r\n    “10, 000 rupees out of my estate at 3[Nawabshah],” or charges it on his \r\n    estate at 3[Nawabshah]:”  \r\n \r\n    “10, 000 rupees, being my share of the capital embarked in a certain \r\n    business”,               \r\n  Each of these bequests is demonstrative.  \r\n \r\n 151. Order of payment when legacy directed to be paid out of fund the subject of specific \r\nlegacy. Where a portion of a fund is specifically bequeathed and a legacy is directed to be paid out of the \r\nsame fund, the portion specifically bequeathed shall first be paid to the legatee, and the demonstrative \r\nlegacy shall be paid out of the residue of the fund and, so far as the residue shall be deficient, out of \r\nthe general assets of the testator.  \r\n \r\nIllustration \r\n \r\n A bequeaths to B 1, 000 rupees, being part of a debt due to him from W. He also bequeaths to \r\nC 1, 000 rupees to be paid out of the debt due to him from W. The debt due to A from W is only \r\n1,500 rupees of these 1, 500 rupees, 1, 000 rupees belong to B, and 500 rupees are to be paid to C. C \r\nis also to receive 500 rupees out of the general assets of the testator.  \r\n____ \r\n \r\nCHAPTER XVI \r\n \r\nOF ADEMPTION OF LEGACIES \r\n \r\n 152. Ademption explained . If anything which has been specifically bequeathed does not \r\nbelong to the testator at the time of his death, or has been converted into property of a different kind, \r\nthe legacy is adeemed: that is, it cannot take effect, by reason of the subject - matter having been  \r\nwithdrawn from the operation of the will. \r\n \r\n \r\n1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II for “Rampur”. \r\n2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G. of I.”. \r\n3 Subs. by Ord. 27 of 1981, s. 3 and Sch., II, for “Ramnagar”. \r\n \r\nPage 74 of 133 \r\n \r\nIllustrations \r\n(i)  A bequeaths to B― \r\n \r\n    “the diamond ring presented to me by C”: \r\n    “my gold chain”: \r\n    “a certain bale of wool”: \r\n    “a certain piece of cloth”: \r\n    “all my household goods which shall be in or about my dwelling-  \r\n    house in M Street in 1[Sahiwal], at the time of my death” ; \r\n \r\n   A in his lifetime,___  \r\n \r\n    sells or gives away the ring:  \r\n    converts the chain into a cup:  \r\n    converts the wool into cloth:  \r\n    makes the cloth into a garment:  \r\n    takes another house into which he removes all his goods.  \r\n \r\n   Each of these legacies is adeemed.  \r\n \r\n(ii)  A bequeaths to B― \r\n \r\n    “the sum of 1, 000 rupees, in a certain chest”: \r\n    “all the horses in my stable”.  \r\n  At the death of A, no money is found in the chest, and no horses in the stable. The \r\nlegacies are adeemed.  \r\n \r\n  (iii)  A bequeaths to B certain bales of goods. A takes the goods with him on a \r\n   voyage. The ship and goods are lost at sea, and A is drowned. The legacy is \r\n   adeemed.  \r\n \r\n 153. Non- ademption of demonstrative legacy.  A demonstrative legacy is not adeemed by \r\nreason that the property on which it is charged b y the will does not exist at the time of the death of \r\nthe testator, or has been converted into property of a different kind, but it shall in such case be paid \r\nout of the general assets of the testator. \r\n \r\n 154. Ademption of specific bequest of right to recei ve something from third party.  \r\nWhere the thing specifically bequeathed is the right to receive something of value from a third party, \r\nand the testator himself receives it, the bequest is adeemed.  \r\n \r\n \r\nIllustrations \r\n(i) A bequeaths to B― \r\n \r\n   “the debt which C owes me”: \r\n   “2, 000 rupees which I have in the hands of D”: \r\n   “the money due to me on the bond of E”: \r\n \r\n1 Subs. by the Federal Laws (Revision and Declaration Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for “Dacca”, which was p reviously amended by \r\nOrd. 21 of 1960, s. 3 and 2nd Sch., for “Calcutta”, (w.e.f. 14th Oct., 1955). \r\n \r\nPage 75 of 133 \r\n \r\n   “my mortgage on the 1[Rahimyarkhan] factory”. \r\n \r\n All these debts are extinguished in A’s lifetime, some with and some without his consent. All \r\nthe legacies are adeemed.  \r\n \r\n(ii)  A bequeaths to B his interest in certain policies of his life assurance. A in his \r\nlifetime receives the amount of the policies. The legacy is adeemed.  \r\n \r\n 155. Ademption pro t anto by testator ’s receipt of part of entire thing specifically \r\nbequeathed. The rec eipt by the testator of a part of an entire thing specifically bequeathed shall \r\noperate as an ademption of the legacy to the extent of the sum so received. \r\n  \r\n \r\nIllustration \r\n \r\n A bequeaths to B “the debt due to me by C”. The debt amounts to 10, 000 rupees. C pays to \r\nA 5,000 rupees the one -half of the debt. The legacy is revoked by ademption, so far as regards the \r\n5,000 rupees received by A. \r\n \r\n 156. Ademption pro tento by testator’s receipt of portion of entire fund of which portion \r\nhas been specifically bequeat hed. If a portion of an entire fund or stock is specifically bequeathed, \r\nthe receipt by the testator of a portion of the fund or stock shall operate as an ademption only to the \r\nextent of the amount so received; and the residue of the fund or stock shall be  applicable to the \r\ndischarge of the specific legacy.  \r\n \r\n \r\nIllustration \r\n \r\n A bequeaths to B one -half of the sum of 10,000 rupees due to him from W. A in his lifetime \r\nreceives 6,000 rupees, part of the 10,000 rupees. The 4, 000 rupees which are due from W to A at the \r\ntime of his death belong to B under the specific bequest.  \r\n \r\n \r\n 157. Order of payment where portion of fund specifically bequeathed to one legatee, and \r\nlegacy charged. on same fund to another, and, testator having received portion of that fund, \r\nremainder insufficient to pay both legacies. Where a portion of a fund is specifically bequeathed to one \r\nlegatee, and a legacy charged on the same fund is bequeathed to another legatee, then, if the testator \r\nreceives a portion of that fund, and the remainder of the fund is insufficient to pay both the specific and \r\nthe demonstrative legacy, the specific legacy shall be paid first, and the residue (if any) of the fund \r\nshall be applied so far as it will extend in payment of the demonstrative legacy, and the rest of the \r\ndemonstrative legacy shall be paid out of the general assets of the testator. \r\n \r\nIllustration \r\n \r\n A bequeaths to B 1,000 rupees, part of the debt of 2,000 rupees due to him from W. He also \r\nbequeaths to C 1,000 rupees to be paid out of the debt due to him f rom W. A afterwards receives \r\n2[500] rupees, part of that debt, and dies leaving only 1,500 rupees due to him from W. Of these \r\n1,500 rupees, 1,000 rupees belong to B, and 500 rupees are to be paid to C. C is also to receive 500 \r\nrupees out of the general assets of the testator. \r\n \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch., for “Rampur” (with effect from the 24th October, 1955). \r\n2 Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and 1st Sch., for “5000”. \r\n \r\n \r\nPage 76 of 133 \r\n \r\n 158. Ademption where stock, specifically bequeathed, does not exist at testator ’s death. \r\nWhere stock which has been specifically bequeathed does not exist at the testator ’s death, the legacy \r\nis adeemed. \r\n  \r\nIllustration \r\n A bequeaths to B___ \r\n  “my capital stock of 1, 000 in East India Stock”: \r\n  “my promissory notes of the 1[Federal Government] for 10, 000 rupees in their  \r\n  4 per cent. loan”.  \r\n A sells the stock and the notes. The legacies are adeemed.  \r\n \r\n 159. Ademption pro ta nto where stock, speci fically bequeathed, exists in part only at \r\ntestator’s death.  Where stock which has been specifically bequeathed exists only in part at the \r\ntestator’s death, the legacy is adeemed so far as regards that part of the stock which has ceased to \r\nexist. \r\n \r\nIllustration \r\n A bequeaths to B his 10,000 rupees in the 5 -1/2 per cent. loan of the 1[Federal Government]. \r\nA sells one- half of his 10, 000 rupees in the loan in question. One- half of the legacy is adeemed.  \r\n \r\n 160. Non -ademption of specific bequest of goods descr ibed as connected with certain \r\nplace, by reason of removal . A specific bequest of goods under a description connecting them with \r\na certain place is not adeemed by reason that they have been removed from such place from any \r\ntemporary cause, or by fraud, or without the knowledge or sanction of the testator.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B “all my household goods which shall be in or about my \r\ndwelling- house in 2[Faisalabad]  at the time of my death”. The goods are \r\nremoved from the house to save them from fire. A dies before they are brought \r\nback.  \r\n \r\n(ii)  A bequeaths to B “all my household goods which shall be in or about my \r\ndwelling- house in 2[Faisalabad] at the time of my death”. During A ’s absence \r\nupon a journey, the whole of the goods are removed fr om the house. A dies \r\nwithout having sanctioned their removal. \r\n \r\n Neither of these legacies is adeemed. \r\n \r\n 161. When removal of thing bequeathed does not constitute ademption.  The removal of \r\nthe thing bequeathed from the place in which it is stated in the wil l to be situated does not constitute \r\nan ademption, where the place is only referred to in order to complete the description of what the \r\ntestator meant to bequeath. \r\n \r\n  \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government “ which was previously amended by A. O., 1937, for “G. of I.”. \r\n2 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II for “Calcutta”. \r\n \r\nPage 77 of 133 \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B “all the bills, bonds and other securities for money belonging \r\nto me now lying in my lodgings in 1[Karachi]”. At the time of his death these \r\neffects had been removed from his lodgings in 1[Karachi].  \r\n \r\n(ii)  A bequeaths to B all his furniture then in his house in 1[Karachi]. The testator \r\nhas a house at 1[Karachi] and another at 2[Quetta], in which he lives \r\nalternately, being possessed of one set of furniture only which he removes \r\nwith himself to each house. At the time of his death the furniture is in the \r\nhouse at 2[Quetta].  \r\n \r\n(iii)  A bequeaths to B all his goods on board a certain ship then lying in the river \r\n3[Indus]. The goods are removed by A ’s directions to a warehouse, in which \r\nthey remain at the time of A’s death. \r\n  \r\nNo one of these legacies is revoked by ademption.  \r\n \r\n 162. When thing bequeathed is a valuable  to be received by testator from third person; \r\nand testator himself, or his representative, receives it . Where the thing bequeathed is not the right \r\nto receive something of value from a third person, but the money or other commodity which may be \r\nreceived from third person by the testator himself or by his representatives, the receipt of such sum \r\nof money or other commodity by the testator shall not constitute an ademption; but if he mixes it up \r\nwith the general mass of his property, the legacy is adeemed.  \r\n \r\nIllustration \r\n \r\n A bequeaths to B whatever sum may be received from his claim on C. A receives the whole \r\nof his claim on C, and sets it apart from the general mass of his property. The legacy is not adeemed.  \r\n \r\n 163. Change by operation of law of subject of specific bequest between date of will and \r\ntestator’s death. Where a thing specifically bequeathed undergoes a change between the date of the \r\nwill and the testator ’s death, and the change takes place by operation of law, or in the course of \r\nexecution of the  provisions of any legal instrument under which the thing bequeathed was held, the \r\nlegacy is not adeemed by reason of such change.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B “all the money which I have in the 5-1/2 per cent. loan of the \r\n4[Federal Government]”.  The securities for the 5 -1/2 per cent. loan are \r\nconverted during A’s lifetime into 5 per cent. stock.  \r\n \r\n(ii)  A bequeaths to B the sum of 2, 000 /. invested in Consols in the names of \r\ntrustees for A. The sum of 2, 000 /. is transferred by the trustees into A’s own \r\nname.  \r\n \r\n(iii)  A bequeaths to B the sum of 10, 000 rupees in promissory notes of the \r\n4[Federal Government] which he has power under his marriage settlement to \r\ndispose of by will. Afterwards, in A ’s lifetime, the fund is converted into \r\nConsols by virtue of an authority contained in the settlement. \r\n \r\nNo one of these legacies has been adeemed.  \r\n \r\n1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., for “Dacca”, which was prev iously amended by \r\nOrd. 21 of 1960, s.3 and Sch.,for “Calcutta”, (w.e.f. 14th Oct., 1955). \r\n2 Subs. by Ord. 27 of 1981, s. 3 and Sch., II , for “Chalna”, which was previously amended by Ord. 21 of 1960, s. 3 and 2nd Sch., for “Chinsurah”. \r\n3 Subs. by Ord. 27 of 1981, s. 3 and Sch., II for “Padma”, which was previously amended by 21 of 1960, s. 3 and 2nd Sch., for “Hughli”. \r\n4 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government” which was previously amended by A. O., 1937, for “G. of I.”. \r\n \r\nPage 78 of 133 \r\n \r\n 164. Change of subject without testator ’s k nowledge. Where a thing specifically \r\nbequeathed undergoes a change between the date of the will and the testator ’s death, and the change \r\ntakes place without the knowledge or sanction of the testator, the legacy is not adeemed.  \r\n \r\nIllustration \r\n \r\n A bequeaths to B “all my 3 per cent Consols”. The Consols are, without A’s knowledge, sold \r\nby his agent, and the proceeds converted into East India Stock. This legacy is not adeemed.  \r\n \r\n 165. Stock specifically bequeathed lent to third party on condition that it be rep laced. \r\nWhere stock which has been specifically bequeathed is lent to a third party on condition that it shall \r\nbe replaced, and it is replaced accordingly, the legacy is not adeemed.  \r\n \r\n 166. Stock specifically bequeathed sold but replaced, and belonging to testator at his \r\ndeath. Where stock specifically bequeathed is sold, and an equal quantity of the same stock is \r\nafterwards purchased and belongs to the testator at his death, the legacy is not adeemed.  \r\n____ \r\n \r\nCHAPTER XVII \r\n \r\nOF THE PAYMENT OF LIABILITIES IN RESPECT OF THE SUBJECT OF A BEQUEST. \r\n \r\n 167. Non -liability of executor to exonerate specific legatees. ___(1) Where property \r\nspecifically bequeathed is subject at the death of the testator to any pledge, lien or incumbrance \r\ncreated by the testator himself or by any person under whom he claims, then, unless a contrary \r\nintention appears by the will, the legatee, if he accepts the bequest, shall accept it subject to such \r\npledge or incumbrance, and shall (as between himself and the testator ’s estate) be liable to make \r\ngood the amount of such pledge or incumbrance.  \r\n \r\n (2) A contrary intention shall not be inferred from any direction which the will may contain \r\nfor the payment of the testator’s debts generally. \r\n  \r\n Explanation.___ A periodical payment in the nature of land- revenue or in the nature of rent is \r\nnot such an incumbrance as is contemplated by this section.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B the diamond ring given him by C. At A ’s death the ring is \r\nheld in pawn by D , to whom it has been pledged by A. It i s the duty of A ’s \r\nexecutors, if the state of the testator ’s assets will allow them, to allow B to \r\nredeem the ring.  \r\n \r\n(ii)  A bequeaths to B a zamindari which at A ’s death is subject to a mortgage for \r\n10,000 rupees; and the whole of the principal sum, together with interest to the \r\namount of 1,000 rupees, is due at A ’s death. B, if he accepts the bequest, \r\naccepts it subject to this charge, and is liable, as between himself and A ’s \r\nestate, to pay the sum of 11,000 rupees thus due.  \r\n \r\n \r\nPage 79 of 133 \r\n \r\n 168. Completion of testator’s title to things bequeathed to be at cost of his estate.  Where \r\nanything is to be done to complete the testator ’s title to the thing bequeathed, it is to be done at the \r\ncost of the testator’s estate.  \r\n \r\nIllustrations \r\n \r\n(i)  A, having contracted in general terms for the purchase of a piece of land at a \r\ncertain price, bequeaths to B, and dies before he has paid the purchase -money. \r\nThe purchase-money must be made good out of A’s assets.  \r\n \r\n(ii)  A, having contracted for the purchase of a piece of land for a cer tain sum of \r\nmoney, one- half of which is to be paid down and the other half secured by \r\nmortgage of the land, bequeaths it to B, and dies before he has paid or secured \r\nany part of the purchase - money. One - half of the purchase -money must be \r\npaid out of A’s assets.  \r\n \r\n 169. Exoneration of legatee ’s immoveable property for which land -revenue or rent \r\npayable periodically. Where there is a bequest of any interest in immovable property in respect of \r\nwhich payment in the nature of land -revenue or in the nature of r ent has to be made periodically, the \r\nestate of the testator shall (as between such estate and the legatee) make good such payments or a \r\nproportion of them, as the case may be, up to the day of his death.  \r\n \r\nIllustration \r\n \r\n A bequeaths to B a house, in respec t of which 365 rupees are payable annually by way of \r\nrent. A pays his rent at the usual time, and dies 25 days after. A ’s estate will make good 25 rupees in \r\nrespect of the rent.  \r\n \r\n \r\n 170. Exoneration of specific legatee ’s stock in joint -stock company.  In th e \r\nabsence of any direction in the will, where there is a specif ic bequest of stock in a joint -\r\nstock company, if any call or other payment is due from the testator at the time of his \r\ndeath in respect of the stock, such call or payment shall, as between the testators estate and \r\nthe legatee, be borne by the estate; but, if any call or other payment becomes due in respect of such \r\nstock after the testator ’s death, the same shall, as between the testator ’s estate and the legatee, be \r\nborne by the legatee, if he accepts the bequest.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B his shares in a certain railway. At A ’s death there was due \r\nfrom him the sum of 100 rupees in respect of each share, being the amount of \r\na call which had been duly made, and the sum of five rupees i n respect of each \r\nshare, being the amount of interest which had accrued due in respect of the \r\ncall. These payments must be borne by A’s estate.  \r\n \r\n(ii)  A has agreed to take 50 shares in an intended joint stock company, and has \r\ncontracted to pay up 100 rupe es in respect of each share, which sum must be \r\npaid before his title to the shares can be completed. A bequeaths these shares \r\nto B. The estate of A must make good the payments which were necessary to \r\ncomplete A’s title.  \r\n \r\n(iii)  A bequeaths to B his shares  in a certain railway. B accepts the legacy. After \r\nA’s death, a call is made in respect of the shares. B must pay the call.  \r\n \r\n \r\nPage 80 of 133 \r\n \r\n(iv)  A bequeaths to B his shares in a joint stock company. B accepts the bequest. \r\nAfterwards the affairs of the company are wound  up, and each shareholder is \r\ncalled upon for contribution. The amount of the contribution must be borne by \r\nthe legatee.  \r\n \r\n(v)  A is the owner of ten shares in a railway company. At a meeting held during \r\nhis lifetime a call is made of fifty rupees per share , payable by three \r\ninstalments. A bequeaths his shares to B, and dies between the day fixed for \r\nthe payment of the first and the day fixed for the payment of the second \r\ninstalment, and without having paid the first instalment. A ’s estate must pay \r\nthe first instalment, and B, if he accepts the legacy, must pay the remaining \r\ninstalments.   \r\n______ \r\n \r\nCHAPTER XVIII \r\n \r\nOF BEQUESTS OF THINGS DESCRIBED IN GENERAL TERMS \r\n \r\n 171. Bequest of thing described in general terms.  If there is a bequest of something \r\ndescribed in general terms, the executor must purchase for the legatee what may reasonably be \r\nconsidered to answer the description.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B a pair of carriage -horses or a diamond ring. The executor \r\nmust provide the legatee with such artic les if the state of the assets will allow \r\nit.  \r\n(ii)  A bequeaths to B “my pair of carriage-horses”. A had no carriage-horses at the \r\ntime of his death. The legacy fails.  \r\n_______ \r\n \r\nCHAPTER XIX \r\n \r\nOF BEQUESTS OF THE INTEREST OR PRODUCE OF A FUND \r\n \r\n 172. Be quest of interest or produce of fund.  Where the interest or produce of a fund is \r\nbequeathed to any person, and the will affords no indication of an intention that the enjoyment of the \r\nbequest should be of limited duration, the principal, as well as the int erest, shall belong to the \r\nlegatee.   \r\nIllustrations \r\n \r\n(i)  A bequeaths to B the interest of his 5 per cent. promissory notes of the \r\n1[Federal  Government]. There is no other clause in the will affecting those \r\nsecurities. B is entitled to A ’s 5 per cent. pro missory notes of the 1[Federal \r\nGovernment].  \r\n \r\n(ii)  A bequeaths the interest of his 5 -1/2 per cent. promissory notes of the \r\n1[Federal Government] to B for his life, and after his death to C. B is entitled \r\nto the interest of the notes during his life, and C  is entitled to the notes upon \r\nB’s death. \r\n \r\n(iii)  A bequeaths to B the rents of his lands at X. B is entitled to the lands. \r\n_______ \r\n \r\n1 Subs, by F.A.O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A. O., 1937, for “G. of I.”. \r\n \r\nPage 81 of 133 \r\n \r\nCHAPTER XX \r\n \r\nOF BEQUESTS OF ANNUITIES \r\n \r\n 173. Annuity created by will payable for life only unless contrary intention appears by \r\nwill. Where an annuity is created by will, the legatee is entitled to receive it for his life only, unless a \r\ncontrary intention app ears by the will, notwithstanding that the annuity is directed to be paid out of \r\nthe property generally, or that a sum of money is bequeathed to be invested in the purchase of it. \r\n  \r\nIllustrations \r\n \r\n(i)  A bequeaths to B 500 rupees a year. B is entitled duri ng his life to receive the \r\nannual sum of 500 rupees. \r\n  \r\n(ii)  A bequeaths to B the sum of 500 rupees monthly. B is entitled during his life \r\nto receive the sum of 500 rupees every month.  \r\n \r\n(iii)  A bequeaths an annuity of 500 rupees to B for life, and on B ’s death to C. B is \r\nentitled to an annuity of 500 rupees during his life. C, if he survives B, is \r\nentitled to an annuity of 500 rupees from B’s death until his own death.  \r\n \r\n 174. Period of vesting where will directs that annuity be provided out of proceeds o f \r\nproperty, or out of property generally, or where money bequeathed to be invested in \r\npurchase of annuity.  Where the will directs that an annuity shall be provided for any person out \r\nof the proceeds of property, or out of property generally , or where money  is bequeathed to be \r\ninvested in the purchase of any annuity for any person, on the testator ’s death, the legacy vests in \r\ninterest in the legatee, and he is entitled at his option to have an annuity purchased for him or to \r\nreceive the money appropriated for that purpose by the will. \r\n  \r\nIllustrations \r\n \r\n(i)  A by his will directs that his executors shall, out of his property, purchase an \r\nannuity of 1, 000 rupees for B. B is entitled at his option to have an annuity of \r\n1, 000 rupees for his life purchased for hi m or to receive such a sum as will be \r\nsufficient for the purchase of such an annuity. \r\n  \r\n(ii)  A bequeaths a fund to B for his life, and directs that after B ’s death, it shall be \r\nlaid out in the purchase of an annuity for C. B and C survive the testator. C \r\ndies in B’s lifetime. On B’s death the fund belongs to the representative of C.  \r\n \r\n 175. Abatement of annuity.  Where an annuity is bequeathed, but the assets of the testator \r\nare not sufficient to pay all the legacies given by the will, the annuity shall aba te in the same \r\nproportion as the other pecuniary legacies given by the will.  \r\n \r\n 176. Where gift of annuity and residuary gift, whole annuity to be first satisfied.  Where \r\nthere is a gift of an annuity and a residuary gift, the whole of the annuity is to be satisfied before any \r\npart of the residue is paid to the residuary legatee, and, if necessary, the capital of the testator’s estate \r\nshall be applied for that purpose.  \r\n \r\n _____ \r\n \r\n \r\n \r\nPage 82 of 133 \r\n \r\nCHAPTER XXI \r\n \r\nOF LEGACIES TO CREDITORS AND PORTIONERS \r\n \r\n 177. Creditor prima facie entitled to legacy as well as debt.  Where a debtor bequeaths a \r\nlegacy to his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of \r\nthe debt, the creditor shall be entitled to the legacy, as well as to the amount of the debt. \r\n  \r\n 178. Child prima facie entitled to legacy as well as portion.  Where a parent, who is under \r\nobligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a \r\nlegacy to the child, and does not intimate by his wi ll that the legacy is meant as a satisfaction of the \r\nportion, the child shall be entitled to receive the legacy, as well as the portion.  \r\n \r\nIllustration \r\n \r\n A, by articles entered into in contemplation of his marriage with B, covenanted that he would \r\npay to e ach of the daughters of the intended marriage a portion of 20, 000 rupees on her marriage. \r\nThis covenant having been broken, A bequeaths 20, 000 rupees to each of the married daughters of \r\nhimself and B. The legatees are entitled to the benefit of this bequest in addition to their portions.  \r\n \r\n 179. No ademption by subsequent provision for legatee.  No bequest shall be wholly or \r\npartially adeemed by a subsequent provision made by settlement or otherwise for the legatee. \r\n \r\nIllustrations \r\n \r\n (i) A bequeaths 20, 000  rupees to his son B. He afterwards gives to B the sum of 20, 000 \r\nrupees. The legacy is not thereby adeemed.  \r\n \r\n (ii) A bequeaths 40, 000 rupees to B, his orphan niece whom he had brought up from her \r\ninfancy. Afterwards, on the occasion of B ’s marriage, A s ettles upon her the sum of 30, 000 rupees. \r\nThe legacy is not thereby diminished.  \r\n____ \r\n \r\nCHAPTER XXII \r\n \r\nOF ELECTION \r\n \r\n 180. Circumstances in which election takes place. Where a person, by his will, professes to \r\ndispose of something which he has no right to dispose of, the person to whom the thing belongs shall \r\nelect either to confirm such disposition or to dissent from it, and, in the latter case, he shall give up \r\nany benefits which may have been provided for him by the will.  \r\n \r\n 181. Devolution of interest rel inquished by owner.  An interest relinquished in the \r\ncircumstances stated in section 180 shall devolve as if it had not been disposed of by the will in \r\nfavour of the legatee, subject, nevertheless, to the charge of making good to the disappointed legatee \r\nthe amount or value of the gift attempted to be given to him by the will.  \r\n \r\n 182. Testator’s belief as to his ownership immaterial.  The provisions of sections 180 and \r\n181 apply whether the testator does or does not believe that which he professes to dispose of by his \r\nwill to be his own.  \r\n \r\nPage 83 of 133 \r\n \r\nIllustrations \r\n \r\n(i)  The farm of Sultanpur was the property of C. A bequeathed it to B, giving a \r\nlegacy of 1,000 rupees to C. C has elected to retain his farm of Sultanpur, \r\nwhich is worth 800 rupees. C forfeits his legacy of 1, 000 rupees, of which 800 \r\nrupees goes to B, and the remaining 200 rupees falls into the residuary \r\nbequest, or devolves according to the rules of intestate succession, as the case \r\nmay be.  \r\n \r\n(ii)  A bequeaths an estate to B in case B ’s elder brother (who i s married and has \r\nchildren) shall leave no issue living at his death. A also bequeaths to C a \r\njewel, which belongs to B. B must elect to give up the jewel or to lose the \r\nestate.  \r\n \r\n(iii)  A bequeaths to B 1,000 rupees, and to C an estate which will under a \r\nsettlement, belong to B if his elder brother (who is married and has children) \r\nshall leave no issue living at his death. B must elect to give up the estate or to \r\nlose the legacy.  \r\n \r\n \r\n(iv)  A, a person of the age of 18, domiciled in 1[Pakistan] but owning real property \r\nin England, to which C is heir at law, bequeaths a legacy to C and, subject \r\nthereto, devises and bequeaths to B “all my property whatsoever and \r\nwheresoever”, and dies under 21. The real property in England does not pass \r\nby the will. C may claim  his legacy without giving up the real property in \r\nEngland.  \r\n \r\n 183. Bequest for man ’s benefit how regarded for purpose of election . A bequest for a \r\nperson’s benefit is, for the purpose of election, the same thing as a bequest made to himself.  \r\n \r\nIllustration \r\n \r\n The farm of Sultanpur Khurd being the property of B, A bequeathed it to C: and bequeathed \r\nanother farm called Sultanpur Buzurg to his own executors with a direction that it should be sold and \r\nthe proceeds applied in payment of B’s debts. B must elect whether he will abide by the will, or keep \r\nhis farm of Sultanpur Khurd in opposition to it. \r\n  \r\n 184. Person deriving benefit indirectly not put to election.  A person taking no benefit \r\ndirectly under a will, but deriving a benefit under it indirectly, is not put to his election. \r\n  \r\nIllustration \r\n \r\n The lands of Sultanpur are settled upon C for life, and after his death upon D, his only child. \r\nA bequeaths the lands of Sultanpur to B, and 1, 000 rupees to C. C dies intestate shortly after the \r\ntestator, and without having made any election. D takes out administration to C, and as administrator \r\nelects on behalf of C ’s estate to take under the will. In that capacity he receives the legacy of 1, 000 \r\nrupees and accounts to B for the rents of the lands of Sultanpur which accrued after the death of the \r\ntestator and before the death of C. In his individual character he retains the lands of Sultanpur in \r\nopposition to the will. \r\n  \r\n  \r\n1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n \r\n \r\nPage 84 of 133 \r\n \r\n 185. Person taking in individual capacity under will may in other character elect to take \r\nin opposition. A person who in his individual capacity takes a benefit under a will may, in another \r\ncharacter, elect to take in opposition to the will.  \r\n \r\nIllustration \r\n \r\n The estate of Sultanpur is settled upon A for life, and after his death, upon B. A leaves the \r\nestate of Sultanpur to D, and 2, 000 rupees to B, and 1, 000 rupees to C, who is B’s only child. B dies \r\nintestate, shortly after the testator, without having made an election. C takes out administration to B, \r\nand as administrator elects to keep the estate of Sul tanpur in opposition to the will, and to relinquish \r\nthe legacy of 2, 000 rupees. C may do this, and yet claim his legacy of 1, 000 rupees under the will.  \r\n \r\n 186. Exception to provisions of last six sections.  Notwithstanding anything contained in \r\nsections 1 80 to 185, where a particular gift is expressed in the will to be in lieu of something \r\nbelonging to the legatee, which is also in terms disposed of by the will, then, if the legatee claims \r\nthat thing, he must relinquish the particular gift, but he is not b ound to relinquish any other benefit \r\ngiven to him by the will. \r\n \r\n \r\nIllustration \r\n \r\n Under A’s marriage-settlement his wife is entitled, if she survives him, to the enjoyment of \r\nthe estate of Sultanpur during her life. A by his will bequeaths to his wife an ann uity of 200 rupees \r\nduring her life, in lieu of her interest in the estate of Sultanpur, which estate he bequeaths to his son. \r\nHe also gives his wife a legacy of 1, 000 rupees. The widow elects to take what she is entitled to \r\nunder the settlement. She is bound to relinquish the annuity but not the legacy of 1, 000 rupees. \r\n  \r\n 187. When acceptance of benefit given by will constitutes election to take under will.  \r\nAcceptance of a benefit given by a will constitutes an election by the legatee to take under the wi ll, if \r\nhe had knowledge of his right to elect and of those circumstances which would influence the \r\njudgment of a reasonable man in making an election, or if he waives inquiry into the circumstances. \r\n  \r\nIllustrations \r\n \r\n(i)  A is owner of an estate called Sult anpur Khurd, and has a life interest in \r\nanother estate called Sultanpur Buzurg to which upon his death his son B will \r\nbe absolutely entitled. The will of A gives the estate of Sultanpur Khurd to B, \r\nand the estate of Sultanpur Buzurg to C. B, in ignorance of his own right to the \r\nestate of Sultanpur Buzurg, allows C to take possession of it, and enters into \r\npossession of the estate of Sultanpur Khurd. B has not confirmed the bequest \r\nof Sultanpur Buzurg to C.  \r\n \r\n(ii)  B, the eldest son of A, is the possessor of  an estate called Sultanpur. A \r\nbequeaths Sultanpur to C, and to B the residue of A ’s property. B having been \r\ninformed by A ’s executors that the residue will amount to 5, 000 rupees, \r\nallows C to take possession of Sultanpur. He afterwards discovers that the  \r\nresidue does not amount to more than 500 rupees. B has not confirmed the \r\nbequest of the estate of Sultanpur to C.  \r\n \r\n 188. Circumstances in which knowledge or waiver is presumed or inferred. ___(1) Such \r\nknowledge or waiver of inquiry shall, in the absence o f evidence to the contrary, be presumed if the \r\n \r\nPage 85 of 133 \r\n \r\nlegatee has enjoyed for two years the benefits provided for him by the will without doing any act to \r\nexpress dissent. \r\n  \r\n (2) Such knowledge or waiver of inquiry may be inferred from any act of the legatee whic h \r\nrenders it impossible to place the persons interested in the subject - matter of the bequest in the same \r\ncondition as if such act had not been done.  \r\n \r\nIllustration \r\n \r\n A bequeaths to B an estate to which C is entitled, and to C a coal mine. C takes possessi on of \r\nthe mine and exhausts it. He has thereby confirmed the bequest of the estate to B.  \r\n \r\n 189. When testator ’s representatives may call upon legatee to elect.  If the legatee does \r\nnot, within one year after the death of the testator, signify to the testat or’s representatives his \r\nintention to confirm or to dissent from the will, the representatives shall, upon the expiration of that \r\nperiod, require him to make his election; and, if he does not comply with such requisition within a \r\nreasonable time after he has received it, he shall be deemed to have elected to confirm the will.  \r\n \r\n 190. Postponement of election in case of disability.  In case of disability the election shall \r\nbe postponed until the disability ceases, or until the election is made by some competent authority. \r\n____ \r\n \r\nCHAPTER XXIII \r\n \r\nOF GIFTS IN CONTEMPLATION OF DEATH \r\n \r\n 191. Property transferable by gift made in contemplation of death. ___(1) A man may \r\ndispose, by gift made in contemplation of death, of any moveable property which he could dispose of \r\nby will.  \r\n \r\n (2) A gift is said to be made in contemplation of death where a man, who is ill and expects to \r\ndie shortly of his illness, delivers to another the possession of any moveable property to keep as a \r\ngift in case the donor shall die of that illness. \r\n  \r\n (3) Such a gift may be resumed by the giver; and shall not take effect if he recovers from the \r\nillness during which it was made; nor if he survives the person to whom it was made.  \r\n \r\nIllustrations \r\n  (i)  A, being ill, and in expectation of death, delivers to B, to be retained by him in \r\n   case of A’s death,― \r\n \r\n    a watch:  \r\n    a bond granted by C to A:  \r\n    a bank-note:  \r\n    a promissory note of the 1[Federal Government] endorsed in blank:  \r\n    a bill of exchange endorsed in blank:  \r\n    certain mortgage-deeds.   \r\n A dies of the illness during which he delivered these articles.  \r\n \r\n B is entitled to___ \r\n \r\n 1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A.O., 1937, for “G. of I.”. \r\n \r\nPage 86 of 133 \r\n \r\n    the watch:  \r\n    the debt secured by C’s bond:  \r\n    the bank- note:  \r\n    the promissory note of the 1[Federal Government]:  \r\n    the bill of exchange:  \r\n    the money secured by the mortgage-deeds.  \r\n \r\n(ii)  A, being ill, and in expectation of death, delivers to B the key of a trunk or the key of \r\na warehouse in which goods of bulk belonging to A are deposited, with the intention \r\nof giving him the control over the contents of the trunk, or over the deposited goods, \r\nand desires him to keep them in case of A’s  death. A dies of the illness during \r\nwhich he delivered these articles. B is entitled to the trunk and its contents or \r\nto A’s goods of bulk in the warehouse.  \r\n \r\n (iii)  A, being ill, and in expectation of death, puts aside certain articles in separate \r\nparcels and marks upon the parcels respect ively the names of B and C. The \r\nparcels are not delivered during the life of A. A dies of the illness during \r\nwhich he set aside the parcels. B and C are not entitled to the contents of the \r\nparcels.  \r\n____ \r\n \r\nPART VII \r\n \r\nProtection of Property of Deceased \r\n \r\n 192. Person claiming right by succession to property of deceased may apply for relief \r\nagainst wrongful possession .___ (1) If any person dies leaving property, moveable or immoveable, \r\nany person claiming a right by succession thereto or to any portion thereof, may make application to \r\nthe District Judge of the district where any part of the property is found or situate for relief, either \r\nafter actual possession has been taken by another person, or when forcible means of seizing \r\npossession are apprehended. \r\n  \r\n (2) Any agent, relative or near friend, or the Court of Wards in cases within their cognizance, \r\nmay, in the event of any minor, or any disqualified or absent person being entitled by succession to \r\nsuch property as aforesaid, make the like application for relief.  \r\n \r\n 193. Inquiry made by Judge.  The District Judge to whom such application is made shall, in \r\nthe first place, examine the applicant on oath, and may make such further inquiry, if any, as he thinks \r\nnecessary as to whether there is sufficient ground for b elieving that the party in possession or taking \r\nforcible means for seizing possession has no lawful title, and that the applicant, or the person on \r\nwhose behalf he applies , is really entitled and is likely to be materially prejudiced if left to the \r\nordinary remedy of a suit, and that the application is made bona fide.  \r\n \r\n 194. Procedure.- If the District Judge is satisfied that there is sufficient ground for believing \r\nas aforesaid but not otherwise, he shall summon the party complained of, and give notice of  vacant \r\nor disturbed possession by publication, and, after the expiration of a reasonable time, shall determine \r\nsummarily the right to possession (subject to a suit as hereinafter provided) and shall deliver \r\npossession accordingly:  \r\n \r\n \r\n 1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which had been subs. by A.O., 1937, for “G. of I.”. \r\n \r\nPage 87 of 133 \r\n \r\n Provided that the Judge shall have the power to appoint an officer who shall take an inventory of \r\neffects, and seal or otherwise secure the same, upon being applied to for the purpose, without delay, whether \r\nhe shall have concluded the inquiry necessary for summoning the party complained of or not.  \r\n \r\n 195. Appointment of curator pending determination of proceeding.  If it further appears \r\nupon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of \r\nthe property before the summary proceeding can be determined, and that the delay in obtaining \r\nsecurity from the party in possession or the insufficiency thereof is likely to exp ose the party out of \r\npossession to considerable risk, provided he is the lawful owner, the District Judge may appoint one \r\nor more curators whose authority shall continue according to the terms of his or their respective \r\nappointments, and in no case beyond the determination of the summary proceeding and the \r\nconfirmation or delivery of possession in consequence thereof:  \r\n \r\n Provided that, in the case of land, the Judge may delegate to the Collector, or to any officer \r\nsubordinate to the Collector, the powers of a curator:  \r\n \r\n Provided, further, that every appointment of a curator in respect of any property shall be duly \r\npublished.  \r\n \r\n 196. Powers conferrable on curator . The District Judge may authorise the curator to take \r\npossession of the property either generall y, or until security is given by the party in possession, or \r\nuntil inventories of the property have been made, or for any other purpose necessary for securing the \r\nproperty from misappropriation or waste by the party in possession:  \r\n \r\n Provided that it shall  be in the discretion of the Judge to allow the party in possession to \r\ncontinue in such possession on giving security or not, and any continuance in possession shall be \r\nsubject to such orders as the Judge may issue touching inventories, or the securing of deeds or other \r\neffects.  \r\n \r\n 197. Prohibition of exercise of certain powers by curators. ___ (1) Where a certificate has \r\nbeen granted under Part X  (VII of 1889),1[*  *     *] or a grant of probate or letters of \r\nadministration has been made, a curator appoint ed under this Part shall not exercise any authority \r\nlawfully belonging to the holder of the certificate or to the executor or administrator.   \r\n \r\n (2) Payment of debts, etc., to curator. All persons who have paid debts or rents to a curator \r\nauthorised by a C ourt to receive them shall be indemnified, and the curator shall be responsible for \r\nthe payment thereof to the person who has obtained the certificate probate or letters of \r\nadministration, as the case may be.  \r\n \r\n 198. Curator to give security and may receive remuneration.___(1) The District Judge shall take \r\nfrom the curator security for the faithful discharge of his trust, and for rendering satisfactory accounts of \r\nthe same as hereinafter provided, and may authorise him to receive out of the property such \r\nremuneration, in no case exceeding five per centum on the moveable property and on the annual \r\nprofits of the immoveable property, as the District Judge thinks reasonable. \r\n  \r\n (2) All surplus money realized by the curator shall be paid into Court, and invested  in public \r\nsecurities for the benefit of the persons entitled thereto upon adjudication of the summary \r\nproceeding.  \r\n \r\n1 The words “or under the Succession Certificate Act, 1889”, omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. \r\n3 and Sch., II. \r\n \r\nPage 88 of 133 \r\n \r\n (3) Security shall be required from the curator with all reasonable despatch, and , where it is \r\npracticable, shall be taken generally to answer all cases for which the person may be afterwards \r\nappointed curator; but no delay in t he taking of security shall prevent the Judge from immediately \r\ninvesting the curator with the powers of his office.  \r\n \r\n 199. Report from Collector where estate includes revenue - paying land.___ (1) Where the \r\nestate of the deceased person consists wholly or in part of land paying revenue to Government, in all \r\nmatters regarding the propr iety of summoning the party in possession, of appointing a curator, or of \r\nnominating individuals to that appointment, the District Judge shall demand a report from the \r\nCollector, and the Collector shall thereupon furnish the same: \r\n \r\n Provided that in cases of urgency the Judge may proceed, in the first instance, without such \r\nreport. \r\n \r\n \r\n (2) The Judge shall not be obliged to act in conformity with any such report, but, in case of \r\nhis acting otherwise than according to such report, he shall immediately forward a statement of his \r\nreasons to the High Court, and the High Court, if it is dissatisfied with such reasons, shall direct the \r\nJudge to proceed conformably to the report of the Collector.  \r\n \r\n 200. Institution and defence of suits. The curator shall be subject to all orders of the District \r\nJudge regarding the institution or the defence of suits, and all suits may be instituted or defended in \r\nthe name of the curator on behalf of the estate:  \r\n \r\n Provided that an express authority shall be requisite in the order of the curator ’s appointment \r\nor the collection of debts or rents; but such express authority shall enable the curator to give a full \r\nacquittance for any sums of money received by virtue thereof.  \r\n \r\n 201. Allowances to apparent owners pending custody by curator.  Pending the custody \r\nof the property by the curator, the District Judge may make such allowances to parties having a \r\nprima facie  right thereto as upon a summary investigation of the rights and circumstances of the \r\nparties interested he considers necessary, and may, at his discretion, take security for the repayment \r\nthereof with interest, in the event of the party being found, upon the adjudication of the summary \r\nproceeding, not to be entitled thereto.  \r\n \r\n 202. Accounts to be filed by curator.  The curator shall file monthly accounts in abstract, \r\nand shall, on the expiry of each period of three months, if his administration lasts so long, and, upon \r\ngiving up the possession of the p roperty, file a detailed account of his administration to the \r\nsatisfaction of the District Judge.  \r\n \r\n 203. Inspection of accounts and right of interested party t o keep duplicate. ___(1) The \r\naccounts of the curator shall be open to the inspection of all parti es interested; and it shall be \r\ncompetent for any such interested party to appoint a separate person to keep a duplicate account of \r\nall receipts and payments by the curator.  \r\n \r\n (2) If it is found that the accounts of the curator are in arrear, or that they are erroneous or \r\nincomplete, or if the curator does not produce them whenever he is ordered to do so by the District \r\nJudge, he shall be punishable with fine not exceeding one thousand rupees for every such default.  \r\n \r\n  \r\n \r\nPage 89 of 133 \r\n \r\n 204. Bar to appointment of second c urator for same property. If the Judge of any district \r\nhas appointed a curator, in respect of the whole of the property of a deceased person, such \r\nappointment shall preclude the Judge of any other district within the same Province from appointing \r\nany other  curator, but the appointment of a curator in respect of a portion of the property of the \r\ndeceased shall not preclude the appointment within the same Province of another curator in respect \r\nof the residue or any portion thereof:  \r\n \r\n Provided that no Judge sh all appoint a curator or entertain a summary proceeding in respect \r\nof property which is the subject of a summary proceeding previously instituted under this Part before \r\nanother Judge; \r\n \r\n Provided, further, that if two or more curators are appointed by diffe rent Judges for several \r\nparts of an estate, the High Court may make such order as it thinks fit for the appointment of one \r\ncurator of the whole property. \r\n   \r\n 205. Limitation of time for application for curator.  An application under this Part to the \r\nDistrict Judge must be made within six months of the death of the proprietor whose property is \r\nclaimed by right in succession.  \r\n \r\n 206. Bar to enforcement of Part against public settlement or legal directions by \r\ndeceased.  Nothing in this Part shall be deemed to au thorise the contravention of any public act \r\nof settlement or of any legal directions given by a deceased proprietor of any property for the \r\npossession of his property after his decease in the event of  minority or otherwise, and, in every \r\nsuch case, as soon as the Judge having jurisdiction over the property of a deceased person is satisfied \r\nof the existence of such directions, he shall give effect thereto.  \r\n \r\n 207. Court of Wards to be made curator in case of minors having property subject to its \r\njurisdiction. Nothing in this Part shall be deemed to authorise any disturbance of the possession of a \r\nCourt of Wards of any property; and in case a minor, or other disqualified person whose property is \r\nsubject to the Court of Wards, is the party on whose behalf appli cation is made under this Part, the \r\nDistrict Judge, if he determines to summon the party in possession and to appoint a curator, shall \r\ninvest the Court of Wards with the curatorship of the estate pending the proceeding without taking \r\nsecurity as aforesaid;  and if the minor or other disqualified person, upon the adjudication of the \r\nsummary proceeding, appears to be entitled to the property, possession shall be delivered to the \r\nCourt of Wards.  \r\n \r\n 208. Saving of right to bring suit. Nothing contained in this Part shall be any impediment to \r\nthe bringing of a suit either by the party whose application may have been rejected before or after the \r\nsummoning of the party in possession, or by the party who may have been evicted from the \r\npossession under this Part.  \r\n \r\n 209. Effect of decision of summary proceeding.  The decision of a District Judge in a \r\nsummary proceeding under this part shall have no other effect than that of settling the actual \r\npossession; but for this purpose it shall be final, and shall not be subject to any appeal or review.  \r\n \r\n 210. Appointment of public curators.  The 1[Provincial Government] may appoint public \r\ncurators for any district or number of districts; and the District Judge having jurisdiction shall \r\nnominate such public curators in all cases where the choice of a curator is left discretionary with him \r\nunder this Part.  \r\n \r\n 1 Subs. by A. O., 1937, for “L. G.”. \r\n \r\nPage 90 of 133 \r\n \r\nPART VIII \r\n \r\nRepresentative Title to Property of Deceased on Succession \r\n \r\n 211. Character and property of executor or administrator as such. ___ (1) The executor or \r\nadministrator, as the case may be, of a deceased person is his legal representative for all purposes, \r\nand all the property of the deceased person vests in him as such. \r\n  \r\n (2) When the deceased was a Hindu, 1[Muslim] Buddhist, Sikh  2[Jaina, or Parsi], an \r\nexempted person, nothing herein contained shall vest in an executor or administrator any property of \r\nthe deceased person which would otherwise have passed by survivorship to some other person. \r\n  \r\n 212. Right to intestate’s property.___(1) No right to any part of the property of a person who \r\nhas died intestate can be established in any Court of Justice, unless letters of administration have first \r\nbeen granted by a Court of competent jurisdiction.  \r\n \r\n (2) This section shall not apply in the case of the intestacy of a Hindu, 1[Muslim], Buddhist, \r\nSikh, Jaina 3[.Parsi] or 4[Pakistan Christian].  \r\n \r\n 213. Right as executo r or legatee when established. ___(1) No right as executor or legatee \r\ncan be established in any Court of Justice, unless a Court o f competent jurisdiction in 5[Pakistan] has \r\ngranted probate of the will under which the right is claimed, or has granted letters of administration \r\nwith the will or with a copy of an authenticated copy of the will annexed.  \r\n  \r\n 6[(2) Sub-section (1) shall no t apply in the case of wills made by Muslims and Parsis, and \r\nshall only apply in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are \r\nof the classes specified in clauses (a) and (b) of section 57.]  \r\n \r\n 214. Proof of representati ve title a condition precedent to recovery through the Courts \r\nof debts from debtors of deceased persons.___ (1) No Court shall___  \r\n \r\n(a) pass a decree against a debtor of a deceased person for payment of his debt to \r\na person claiming on succession to be ent itled to the effects of the deceased \r\nperson or to any part thereof, or  \r\n \r\n(b) proceed, upon an application of a person claiming to be so entitled, to execute \r\nagainst such a debtor a decree or order for the payment of his debt,  \r\n \r\nexcept on the production, by the person so claiming, of___  \r\n \r\n(i) a probate or letters of administration evidencing the grant to him of \r\nadministration to the estate of the deceased, or \r\n \r\n(ii) a certificate granted under section 31 or section 32 of the \r\nAdministrator General’s Act, 1913 (III of 1913), and having the debt \r\nmentioned therein, or  \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n2Subs. by the Succession (Amdt.) Act, 1974 (12 of 1974|), s. 2., for “or  Jaina”. \r\n3 Ins. by the Succession (Amdt.) Act, 1974 (12 of 1974), s. 3. \r\n4Subs. by A. O., 1949, for “Indian Christian”. \r\n5Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch., (with effect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. \r\n6 Subs. by the Succession (Amdt.) Ordinance, 1978 (35 of 1978), s. 2, for sub-section (2), which were previously amended by various enactments. \r\n \r\nPage 91 of 133 \r\n \r\n(iii) a succession certificate granted under Part X and having th e debt \r\nspecified therein, or  \r\n \r\n \r\n   1[*           *     *           *     *          *   *] \r\n \r\n(v) a certificate granted under 2[Sind Regulation No. VIII of 1827] and, if \r\ngranted a fter the first day of May, 1889 , having the debt specified \r\ntherein.  \r\n \r\n (2) The word “debt” in sub -section (1) includes any debt except rent, revenue or profits \r\npayable in respect of land used for agricultural purposes.  \r\n \r\n 215. Effect on certificate of subsequent probate or letters of administration.___(1) A grant \r\nof probate or letter s of administration in respect of an estate shall be deemed to supersede any \r\ncertificate previously granted under Part X 3[Sind Regulation No. VIII of 1827], in respect of any \r\ndebts or securities included in the estate.  \r\n \r\n (2) When at the time of the grant  of the probate or letters any suit or other proceeding \r\ninstituted by the holder of any such certificate regarding any such debt or security is pending, the \r\nperson to whom the grant is made shall, on applying to the Court in which the suit or proceeding is  \r\npending, be entitled to take the place of the holder of the certificate in the suit or proceeding:  \r\n \r\n Provided that, when any certificate is superseded under this section, all payments made to the \r\nholder of such certificate in ignorance of such supersessi on shall be held good against claims under \r\nthe probate or letters of administration.  \r\n \r\n 216. Grantee of probate or administration alone to sue, etc., until same revoked.  After \r\nany grant of probate or letters of administration, no other than the person to w hom the same may \r\nhave been granted shall have power to sue or prosecute any suit, or otherwise act as representative of \r\nthe deceased, throughout the Province in which the same may have been granted, until such probate \r\nor letters of administration has or have been recalled or revoked.  \r\n \r\n____ \r\n \r\n \r\nPART IX \r\n \r\nProbate, Letters of Administration and Administration of Assets of Deceased. \r\n \r\n 217. Application of Part. Save as otherwise provided by this Act or by any other law for the \r\ntime being in force, all grants of pr obate and letters of administration with the will annexed and the \r\nadministration of the assets of the deceased in cases of intestate succession shall be made or carried out, \r\nas the case may be, in accordance with the provisions of this Part. \r\n \r\n \r\n \r\n1 Sub-clause (iv) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981, (27 of 1981), s. 3 and Sch. II. \r\n2 Subs. ibid., for “ Bombay Regulation No. VIII of 1827”. \r\n3 The words “or under the Succession Certificate Act, 1889”, omitted ibid., \r\n \r\n \r\nPage 92 of 133 \r\n \r\nCHAPTER I \r\n \r\nOF GRANT OF PROBATE AND LETTERS OF ADMINISTRATION \r\n \r\n 218. To whom administration may be granted, where deceased is a Hindu, 1[Muslim], \r\nBuddhist/ Sikh, Jaina or exempted any person. ___(1) If the deceased has died intestate and was a \r\nHindu; 1[Muslim], Buddhist, Sikh or Jaina or an exempted person, administration of his estate may \r\nbe granted to any person who, according to the rules for the distribution of the estate applicable in \r\nthe case of such deceased, would be entitled to the whole or any part of such deceased’s estate. \r\n  \r\n (2) When several such persons apply for such administration, it shall be in the discretion of \r\nthe Court to grant it to any one or more of them.  \r\n \r\n (3) When no such person applies, it may be granted to a creditor of the deceased.  \r\n \r\n 219. Where deceased is not a Hindu, 1[Muslim], Buddhist, Sikh, Jaina or exempted \r\nperson. If the deceased has died intestate and was not a person belonging to any of the classes \r\nreferred to in section 218, those who are connected with him, either by marriage or by consanguinity, \r\nare entitled to obtain letters of administration of his estate and effects in the order and according to \r\nthe rules hereinafter stated, namely:___   \r\n \r\n(a) If the deceased has left a widow, administration shall be granted to the widow, \r\nunless the Court sees cause to exclude her, either on the ground of some \r\npersonal disqualification, or because she has no interest in the estate of the \r\ndeceased.  \r\n \r\nIllustrations  \r\n \r\n (i)  The widow is a lunatic or has committed adultery or has been barred \r\n by her marriage settlement of all interest in her husband ’s estate. There \r\n is cause for excluding her from the administration.  \r\n \r\n (ii)  The widow has married again since the decease of her husband. This is \r\n not good cause for her exclusion.  \r\n \r\n(b) If the Judge thinks proper, he may associate any person or persons with the \r\nwidow in the administration who would be entitled solely to the administration \r\nif there were no widow.  \r\n \r\n  (c)  If there is no widow, or if the Court sees cause to exclude the widow, it shall \r\n   commit the administration to the person or persons who would be beneficially \r\n   entitled to the  estate according to the rules for the distribution of an  \r\n   intestate’s estate:  \r\n \r\n Provided that, when the mother of the deceased is one of the class of pers ons so entitled, she \r\nshall be solely entitled to administration. \r\n \r\n  (d) Those who stand in equal degree of kindred to the deceased are equally \r\n   entitled to administration.  \r\n \r\n  (e) The husband surviving his wife has the same right of administration of her  \r\n   estate as the widow has in respect of the estate of her husband. \r\n \r\n 1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n \r\nPage 93 of 133 \r\n \r\n  (f) When there is no person connected with the deceased by marriage or  \r\n   consanguinity who is entitled to letters of ad ministration and willing to act, \r\n   they may be granted to a creditor.  \r\n \r\n  (g) Where the deceased has left property in 1[Pakistan], letters of administration \r\n   shall be granted according to the foregoing rules, notwithstanding that he had \r\n   his domicile in a country in which the law relating to testate and intestate  \r\n   succession differs from the law of 1[Pakistan].  \r\n \r\n 220. Effect of letters of administration. Letters of administration entitle the administrator to \r\nall rights belonging to the intestate as  effectually as if the administration had been granted at the \r\nmoment after his death.  \r\n \r\n 221. Acts not validated by administration. Letters of administration do not render valid any \r\nintermediate acts of the administrator tending to the diminution or damage of the intestate’s estate.  \r\n  \r\n 222. Probate only to appointed executor. ___(1) Probate shall be granted only to an executor \r\nappointed by the will.  \r\n \r\n (2) The appointment may be expressed or by necessary implication.  \r\n \r\nIllustrations \r\n \r\n(i)  A wills that C be his executor if B will not. B is appointed executor by \r\nimplication.   \r\n(ii)  A gives a legacy to B and several legacies to other persons, among the rest to \r\nhis daughter-in-law C, and adds “but should the within -named C be not living \r\nI do constitute and appo int B my whole and sole executrix .” C is appointed \r\nexecutrix by implication.    \r\n(iii)  A appoints several persons executors of his will and codicils and his nephew \r\nresiduary legatee, and in another codicil are these words, ___ “I appoint my \r\nnephew my residuary legatee to discharge all lawful demands against my will \r\nand codicils signed of different dates .” The nephew is appointed an executor \r\nby implication.   \r\n 223. Persons to whom probate cannot be granted. Probate cannot be granted to any person \r\nwho is a min or or is of unsound mind 2[nor to any association of individuals unless it is a company \r\nwhich satisfies the conditions prescribed by rules to be made by the 3[Provincial Government] in this \r\nbehalf]. \r\n \r\n 224. Grant of probate to several executors simultaneous ly or at different times.  When \r\nseveral executors are appointed, probate may be granted to them all simultaneously or at different \r\ntimes.  \r\n \r\n \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960.), s. 3 and 2 nd Sch., (with effect from the  14th October, 1955), for “ the \r\nProvinces and the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. \r\n2Added by the Indian Succession (Amdt.) Act, 1931 (17 of 1931), s. 2. The words “nor, unless the deceased was a Hindu, Mu hammadan, Buddhist, \r\nSikh or Jaina or an exempted person, to a married woman without the consent of her husbnand” which originally occurred at the end of this section had \r\nbeen rep. by the Indian Succession (Amdt.) Act, 1927 (18 of 1927), s. 2. \r\n3Subs. by A. O., 1937, for “G. G. in C.”. \r\n \r\nPage 94 of 133 \r\n \r\nIllustration \r\n  \r\nA is an executor of B ’s will by express appointment and C an executor of it by implication. Probate \r\nmay be granted to A and C at the same time or to A first and then to C, or to C first and then to A.  \r\n \r\n 225. Separate probate of codicil discovered after grant of probate. ___ (1) If a codicil is \r\ndiscovered after the grant of probate, a separate probate of that codicil may be granted to the \r\nexecutor, if it in no way repeals the appointment of executors made by the will.  \r\n \r\n (2) If different executors are appointed by the codicil, the probate of the will shall be revoked, \r\nand a new probate granted of the will and the codicil together.  \r\n \r\n 226. Accrual of representation to surviving executor.  When probate has been granted  to \r\nseveral executors, and one of them dies, the entire representation of the testator accrues to the \r\nsurviving executor or executors.  \r\n \r\n 227. Effect of probate. Probate of a will when granted establishe s the will from the death of \r\nthe testator, and renders valid all intermediate acts of the executor as such.  \r\n \r\n 228. Administration, with copy annexed, of authenticated copy of will proved \r\nabroad.  When a will has been proved and deposited in a Court of competent jurisdiction \r\nsituated beyond the limits of the Province , whether within or beyond the limits of 1[Pakistan], \r\nand a properly authenticated copy of the will is produced, letters  of administration may be \r\ngranted with a copy of such copy annexed.  \r\n \r\n 229. Grant of administration where executor has not renou nced. When a person \r\nappointed an executor has not renounced the executorship, letters of administration shall not be \r\ngranted to any other person until a citation has been issued, calling upon the executor to accept or \r\nrenounce his executorship: \r\n  \r\n Provided that, when one or more of several executors have proved a will, the Court may, on \r\nthe death of the survivor of those who have proved, grant letters of administration without citing \r\nthose who have not proved.  \r\n \r\n 230. Form and eff ect of renunciation of exec utorship. The renunciation may be made \r\norally in the presence of the Judge, or by a writing signed by the person renouncing, and when made \r\nshall preclude him from ever thereafter applying for probate of the will appointing him executor. \r\n \r\n 231. Procedure wh ere executor renounces or fails to accept within time limited.  If an \r\nexecutor renounces, or fails to accept an executorship within the time limited for the acceptance or \r\nrefusal thereof, the will may be proved and letters of administration, with a copy of the will annexed, \r\nmay be granted to the person who would be entitled to administration in case of intestacy. \r\n \r\n 232. Grant of administration to universal or residuary legatees. When___  \r\n \r\n(a) the deceased has made a will, but has not appointed an executor, or  \r\n \r\n  (b) the deceased has appointed an executor who is legally incapable or refuses to \r\n   act, or who has died before the testator or before he has proved the will, or \r\n \r\n1 Subs. by A. O., 1961, Art. 2 and Sch., for “His Majesty’s dominions” (with effect from the 23rd March, 1956).   \r\n \r\nPage 95 of 133 \r\n \r\n(c) the executor dies after having proved the will, but before he has administered \r\nall the estate of the deceased,  \r\n \r\nan universal or a residuary legatee may be admitted to prove the will, and letters of administration \r\nwith the w ill annexed may be granted to him of the whole estate, or of so much thereof as may be \r\nunadministered.  \r\n \r\n 233. Right to administration of representative of deceased residuary legatee.  When a \r\nresiduary legatee who has a beneficial interest survives the test ator, but dies before the estate has \r\nbeen fully administered, his representative has the same right to administration with the will annexed \r\nas such residuary legatee.  \r\n \r\n 234. Grant of administration where no executor nor residuary legatee nor \r\nrepresentative of such legatee. When there is no executor and no residuary legatee or representative \r\nof a residuary legatee, or he declines or is incapable to act, or cannot be found, the person or persons \r\nwho would be entitled to the administration of the estate of th e deceased if he had died intestate, or \r\nany other legatee having a beneficial interest, or a creditor, may be admitted to prove the will, and \r\nletters of administration may be granted to him or them accordingly.  \r\n \r\n 235. Citation before grant of administrati on to legatee other than universal or \r\nresiduary. Letters of administration with the will annexed shall not be granted to any legatee other \r\nthan an universal or a residuary legatee, until a citation has been issued and published in the manner \r\nhereinafter mentioned, calling on the next- of- kin to accept or refuse letters of administration.  \r\n \r\n 236. To whom administration may not be granted.  Letters of administration cannot be \r\ngranted to any person who is a minor or is of unsound mind, 1[nor to any association  of individuals \r\nunless it is a company which satisfies the conditions prescribed by rules to be made by the \r\n2[Provincial Government] in this behalf].  \r\n____ \r\n \r\nCHAPTER II \r\n \r\nOF LIMITED GRANTS \r\n \r\nGrants limited in duration \r\n \r\n 237. Probate of copy or draft of lost w ill. When a will has been lost or mislaid since the \r\ntestator’s death, or has been destroyed by wrong or accident and not by any act of the testator, and a \r\ncopy or the draft of the will has been preserved, probate may be granted of such copy or draft, \r\nlimited until the original or a properly authenticated copy of it is produced. \r\n \r\n 238. Probate of contents of lost or destroyed will.  When a will has been lost or destroyed \r\nand no copy has been made nor the draft preserved, probate may be granted of its contents if they can \r\nbe established by evidence.  \r\n \r\n 239. Probate of copy where original exists.  When the will is in the possession of a person \r\nresiding out of the Province in which application for probate is made, who has refused or neglected \r\nto deliver it up, but a copy has been transmitted to the executor, and it is necessary for the interests of \r\nthe estate that probate should be granted without waiting for the arrival of the original, probate may \r\nbe granted of the copy so transmitted, limited until the will or an authenticated copy of it is produced. \r\n \r\n \r\n2Added by the Indian Succession (Amdt.) Act, 1931 (17 of 1931), s. 2. The words “nor, unless the deceased was a Hindu, Muhamma dan, Buddhist, \r\nSikh or Jaina or an exempted person, to a married woman without the consent of her husbnand” which originally occurred at the end of this section had \r\nbeen rep. by the Indian Succession (Amdt.) Act, 1927 (18 of 1927), s. 2. \r\n2 Subs. by A.O., 1937, for “G. G. in C.”. \r\n \r\nPage 96 of 133 \r\n \r\n 240. Administration until will produced. Where no will of the deceased is forthcoming, but \r\nthere is reason to believe that there is a will in existence, letters of administration may be granted, \r\nlimited until the will or an authenticated copy of it is produced.  \r\n \r\nGrants for the use and benefit of others having right \r\n \r\n 241. Administration, with will annexed, to attorney of absent executor.  When any \r\nexecutor is absent from the Province in which application is made, and there is no executor within \r\nthe Province willing to act, letters of administration, with the will annex ed, may be granted to the \r\nattorney or agent of the absent executor; for the use and benefit of his principal, limited until he shall \r\nobtain probate or letters of administration granted to himself.  \r\n \r\n 242. Administration, with will annexed, to attorney of a bsent person who, if present, \r\nwould be entitled to administer.  When any person to whom, if present, letters of administration, \r\nwith the will annexed, might be granted, is absent from the Province, letters of administration, with \r\nthe will annexed, may be granted to his attorney or agent, limited as mentioned in section 241.  \r\n \r\n 243. Administration to attorney of absent person entitled to administer in case of \r\nintestacy. When a person entitled to administration in case of intestacy is absent from the Province,  \r\nand no person equally entitled is willing to act, letters of administration may be granted to the \r\nattorney or agent of the absent person, limited as mentioned in section 241.  \r\n \r\n 244. Administration during minority of sole executor or residuary legatee. When a minor \r\nis sole executor or sole residuary legatee, letters of administration, with the will annexed, may be \r\ngranted to the legal guardian of such minor or to such other person as the Court may think fit until \r\nthe minor has attained his majority at whic h period, and not before, probate of the will shall be \r\ngranted to him.  \r\n \r\n 245. Administration during minority of several executors or residuary legatees.  When \r\nthere are two or more minor executors and no executor who has attained majority, or two or more \r\nresiduary legatees and no residuary legatee who has attained majority, the grant shall be limited until \r\none of them shall have attained his majority.  \r\n \r\n 246. Administration for use and benefit of lunatic or minor.  If a sole executor or a sole \r\nuniversal or residuary legatee, or a person who would be solely entitled to the estate of  the intestate \r\naccording to the rule for the distribution of intestates ’ estates applicable in the case of the deceased, \r\nis a minor or lunatic, letters of administration, with or w ithout the will annexed, as the case may be, \r\nshall be granted to the person to whom the care of his estate has been committed by competent \r\nauthority, or, if there is no such person, to such other person as the Court may think fit to appoint, for \r\nthe use and benefit of the minor or lunatic until he attains majority or becomes of sound mind, as the \r\ncase may be. \r\n  \r\n 247. Administration pendente lite. Pending any suit touching the validity of the will of a \r\ndeceased person or for obtaining or revoking any probate or any grant of letters of administration, the \r\nCourt may appoint an administrator of the estate of such deceased person, who shall have all the \r\nrights and powers of a general administrator, other than the right of distributing such estate, and \r\nevery such administrator shall be subject to the immediate control of the Court and shall act under its \r\ndirection.  \r\n \r\n \r\n \r\nPage 97 of 133 \r\n \r\nGrants for special purposes \r\n \r\n 248. Probate limited to purpose specified in will.  If an executor is appointed for any \r\nlimited purpose specified in the  will, the probate shall be limited to that purpose, and if he should \r\nappoint an attorney or agent to take administration on his behalf, the letters of administration, with \r\nthe will annexed, shall be limited accordingly.  \r\n \r\n 249. Administration, with will a nnexed, limited to particular purpose.  If an executor \r\nappointed generally gives an authority to an attorney or agent to prove a will on his behalf, and the \r\nauthority is limited to a particular purpose, the letters of administration, with the will annexed, shall \r\nbe limited accordingly.  \r\n \r\n 250. Administration limited to property in which person has beneficial interest.  Where a \r\nperson dies, leaving property of which he was the sole or surviving trustee, or in which he had no \r\nbeneficial interest on his own acco unt, and leaves no general representative, or one who is unable or \r\nunwilling to act as such, letters of administration, limited to such property, may be granted to the \r\nbeneficiary, or to some other person on his behalf.  \r\n \r\n 251. Administration limited to suit. When it is necessary that the representative of a person \r\ndeceased be made a party to a pending suit, and the executor or person entitled to administration is unable \r\nor unwilling to act, letters of administration may be granted to the nominee of a party in such suit, limited \r\nfor the purpose of representing the deceased in the said suit, or in any other cause or suit which may be \r\ncommenced in the same or in any other Court between the parties, or any other parties, touching the \r\nmatters at issue in the sai d cause or suit, and until a final decree shall be made therein and carried \r\ninto complete execution.  \r\n \r\n 252. Administration limited to purpose of becoming party to suit to be brought against \r\nadministrator. If, at the expiration of twelve months from the da te of any probate or letters of \r\nadministration, the executor or administrator to whom the same has been granted is absent from the \r\nProvince within which the Court which has granted the probate or letters of administration exercises \r\njurisdiction, the Court may grant, to any person whom it may think fit, letters of administration \r\nlimited to the purpose of becoming and being made a party to a suit to be brought against the \r\nexecutor or administrator, and carrying the decree which may be made therein into effect.  \r\n \r\n 253. Administration limited to collection and preservation of deceased’s property. In any \r\ncase in which it appears necessary for preserving the property of a deceased person, the Court within \r\nwhose jurisdiction any of the property is situate may grant  to any person, whom such Court may \r\nthink fit, letters of administration limited to the collection and preservation of the property of the \r\ndeceased and to the giving of discharges for debts due to his estate, subject to the directions of the \r\nCourt.  \r\n 254. Appointment as administrator, of person other than one who, in ordinary \r\ncircumstances, would be entitled to administration. ___(1) When a person has died intestate, or \r\nleaving a will of which there is no executor willing and competent to act or where the ex ecutor is, at \r\nthe time of the death of such person, resident out of the Province, and it appears to the Court to be \r\nnecessary or convenient to appoint some person to administer the estate or any part thereof, other \r\nthan the person who, in ordinary circumst ances, would be entitled to a grant of administration, the \r\nCourt may, in its discretion, having regard to consanguinity, amount of interest, the safety of the \r\nestate and probability that it will be properly administered, appoint such person as it thinks fi t to be \r\nadministrator.  \r\n \r\n (2) In every such case letters of administration may be limited or not as the Court thinks fit.  \r\n \r\nPage 98 of 133 \r\n \r\nGrants with exception \r\n \r\n 255. Probate or administration, with will annexed, subject to exception.  Whenever the \r\nnature of the case requ ires that an exception be made, probate of a will, or letters of administration \r\nwith the will annexed, shall be granted subject to such exception.  \r\n \r\n 256. Administration with exception.  Whenever the nature of the case requires that an \r\nexception be made, letters of administration shall be granted subject to such exception.  \r\n \r\nGrants of the rest \r\n \r\n 257. Probate or administration of rest.  Whenever a grant with exception of probate, or of \r\nletters of administration with or without the will annexed, has been made, the person entitled to \r\nprobate or administration of the remainder of the deceased ’s estate may take a grant of probate or \r\nletters of administration, as the case may be, of the rest of the deceased’s estate.  \r\n \r\nGrant of effects unadministered \r\n \r\n 258. Grant of effects unadministered. If an executor to whom probate has been granted has \r\ndied, leaving a part of the testator’s estate unadministered, a new representative may be appointed for \r\nthe purpose of administering such part of the estate.  \r\n \r\n 259. Rules as to grants of effects unadministered. In granting letters of administration of an \r\nestate not fully administered, the Court shall be guided by the same rules as apply to original grants, \r\nand shall grant letters of administration to those persons only to whom ori ginal grants might have \r\nbeen made.  \r\n \r\n 260. Administration when limited grant expired and still some part of estate \r\nunadministered. When a limited grant has expired by efflux of time, or the happening of the event \r\nor contingency on which it was limited, and  there i t still some part of the deceased ’s estate \r\nunadministered, letters of administration shall be granted to those persons to whom original grants \r\nmight have been made.  \r\n____ \r\n \r\nCHAPTER III \r\n \r\nALTERATION AND REVOCATION OF GRANTS \r\n \r\n 261. What errors may be rectified by Court. Errors in names and descriptions, or in setting \r\nforth the time and place of the deceased ’s death, or the purpose in a limited grant, may be rectified \r\nby the Court, and the grant of probate or letters of administration may be altered and amended \r\naccordingly.  \r\n \r\n 262. Procedure where codicil discovered after grant of administration with will \r\nannexed. If, after the grant of letters of administration with the will annexed, a codicil is discovered, \r\nit may be added to the grant on due proof and identification, and the grant may be altered and \r\namended accordingly.  \r\n \r\n 263. Revocation or annulment for just cause. The grant of probate or letters of \r\nadministration may be revoked or annulled for just cause. \r\n \r\n \r\nPage 99 of 133 \r\n \r\n Explanation.____  Just cause shall be deemed to exist where___ \r\n \r\n(a) the proceedings to obtain the grant were defective in substance ; or \r\n \r\n(b) the grant was obtained fraudulently by making a false suggestion, or by \r\nconcealing from the Court something material to the case; or \r\n \r\n(c) the grant was obtai ned by means of an untrue allegation of a fact essential in \r\npoint of law to justify the grant, though such allegation was made in ignorance \r\nor inadvertently; or \r\n \r\n(d) the grant has become useless and inoperative through circumstances; or  \r\n \r\n(e) the person to  whom the grant was made has wilfully and without reasonable \r\ncause omitted to exhibit an inventory or account in accordance with the \r\nprovisions of Chapter VII of this Part, or has exhibited under that Chapter an \r\ninventory or account which is untrue in a material respect. \r\n \r\nIllustrations \r\n \r\n(i) The Court by which the grant was made had no jurisdiction.  \r\n \r\n(ii) The grant was made without citing parties who ought to have been \r\ncited. \r\n \r\n(iii) The will of which probate was obtained was forget or revoked. \r\n \r\n(iv) A obtained letters of administration to the estate of B, as his widow, \r\nbut it has since transpired that she was never married to him. \r\n \r\n(v) A has taken administration to the (intestate) of B as if he had died \r\nintestate, but a will has since been discovered. \r\n \r\n(vi) Since probate was granted, a later will has been discovered. \r\n \r\n(vii) Since probate was granted, a codicil has been discovered which \r\nrevokes or adds to the appointment of executors under the will. \r\n \r\n(viii) The person to whom probate was, or letters of administration were, \r\ngranted has subsequently become of unsound mind. \r\n____ \r\n \r\nCHAPTER IV \r\n \r\nOF THE PRACTICE IN GRANTING AND REVOKING PROBATES AND LETTERS OF \r\nADMINISTRATION. \r\n \r\n 264. Jurisdiction of District Judge in granting and revoking probates, etc. ___(1) The \r\nDistrict Judge shall have jurisdiction in granting and revoking probates and letters of administration \r\nin all cases within his district.  \r\n \r\nPage 100 of 133 \r\n \r\n  \r\n (2) Except in cases to which section 57 applies, no Court 1[* * *],   2[*    * *], \r\nshall, where the deceased is a Hindu, 3[Muslim], Buddhist, Sikh or Jaina or an exempted person, \r\nreceive applications for probate or letters of administration until the 4[Provincial Government] has, \r\nby a notification in the 5[official Gazette], authorised it so to do.  \r\n \r\n 265. Power to appoint delegate of District Judge to deal with non-contentious cases.___(1) \r\nThe High Court may appoint such judicial officers within any district as it thinks fit to act for the \r\nDistrict Judge as Delegates to grant probate and letters of administration in non -contentious cases, \r\nwithin such local limits as it may prescribe:   \r\n \r\n Provided that, in the case of High Courts not established by Royal Charter, such \r\nappointments shall not be without the previous sanction of the 4[Provincial Government].  \r\n \r\n (2) Persons so appointed shall be called “District Delegates”.  \r\n \r\n 266. District Judge ’s powers as to grant of probate and administration.  The District \r\nJudge shall have the like powers and authority in relation to the granting of probate and letters of \r\nadministration, and al l matters connected therewith, as are by law vested in him in relation to any \r\ncivil suit or proceeding pending in his Court.  \r\n \r\n 267. District Judge may order person t o produce testamentary papers. ___(1) The District \r\nJudge may order any person to produce an d bring into Court any paper or writing, being or \r\npurporting to be testamentary, which may be shown to be in the possession or under the control of \r\nsuch person.  \r\n \r\n (2) If it is not shown that any such paper or writing is in the possession or under the control of \r\nsuch person, but there is reason to believe that he has the knowledge of any such paper or writing, \r\nthe Court may direct such person to attend for the purpose of being examined respecting the same. \r\n \r\n (3) Such person shall be bound to answer truly such questions as may be put to him by the Court, \r\nand, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like \r\npunishment under the Pakistan Penal Code (XLV of 1860), in case of default in not attending or in not \r\nanswering such questions or not bringing in such paper or writing, as he would have been subject to in \r\ncase he had been a party to a suit and had made such default.  \r\n \r\n (4) The costs of the proceeding shall be in the discretion of the Judge.  \r\n \r\n 268. Proceedings o f District Judge ’s Court in relation to probate and administration.  \r\nThe proceedings of the Court of the District Judge in relation to the granting of probate and letters of \r\nadministration shall, save as hereinafter otherwise provided, be regulated, so far as the circumstances \r\nof the case permit, by the Code of Civil Procedure, 1908 (V of 1908) .  \r\n \r\n 269. When and how District Judge to interfere for protection of property. ___(1) Until \r\nprobate is granted of the will of a deceased person, or an administrator of his estate is constituted, the \r\nDistrict Judge, within whose jurisdiction any part of the property of the deceased person is situate, is \r\n \r\n \r\n1 The words “in any local area beyond the limits of the towns of Calcutta, Madras and Bombay”, omitted by A. O., 1949. \r\n2 The words “and the province of Burma” omitted by A. O., 1937. \r\n3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n4 Subs. ibid., for “L. G.”. \r\n5 Subs. ibid., for “local official Gazette”.   \r\n \r\nPage 101 of 133 \r\n \r\nauthorised and required to interfere for the protectio n of such property at the instance of any person \r\nclaiming to be interested therein, and in all other cases where the Judge considers that the property \r\nincurs any risk of loss or damage; and for that purpose, if he thinks fit, to appoint an officer to take \r\nand keep possession of the property.  \r\n \r\n (2) This section shall not apply when the deceased is a Hindu, 1[Muslim], Buddhist, Sikh or \r\nJaina or an exempted person, nor shall it apply to any part of the property of 2[a Pakistan Christian] \r\nwho has died intestate.  \r\n \r\n 270. When probate or administration may be granted by District Judge.  Probate of the \r\nwill or letters of administration to the estate of a deceased person may be granted by a District Judge \r\nunder the seal of his Court, if it appears by a petition, ver ified as hereinafter provided, of the person \r\napplying for the same that the testator or intestate, as the case may be, at the time of his decease had \r\na fixed place of abode, or any property, moveable or immoveable, within the jurisdiction of the \r\nJudge.  \r\n \r\n 271. Disposal of application made to Judge of district in which deceased had no fixed \r\nabode. When the application is made to the Judge of a district in which the deceased had no fixed \r\nabode at the time of his death, it shall be in the discretion of the Jud ge to refuse the application, if in \r\nhis judgment it could be disposed of more justly or conveniently in another district, or, where the \r\napplication is for letters of administration, to grant them absolutely, or limited to the property within \r\nhis own jurisdiction.  \r\n \r\n 272. Probate and letters of administration may be granted by Delegate.  Probate and \r\nletters of administration may, upon application for that purpose to any District Delegate, be granted \r\nby him in any case in which there is no contention, if it ap pears by petition, verified as hereinafter \r\nprovided, that the testator or intestate, as the case may be, at the time of his death had a fixed place of \r\nabode within the jurisdiction of such Delegate.  \r\n \r\n 273. Conclusiveness of probate or letters of administr ation. Probate or letters of \r\nadministration shall have effect over all the property and estate, moveable or immoveable, of the \r\ndeceased, throughout the Province in which the same is or are granted, and shall be conclusive as to \r\nthe representative title aga inst all debtors of the deceased, and all persons holding property which \r\nbelongs to him, and shall afford full indemnity to all debtors, paying their debts and all persons \r\ndelivering up such property to the person to whom such probate or letters of adminis tration have \r\nbeen granted:  \r\n \r\n Provided that probates and letters of administration granted___ \r\n \r\n(a) by a High Court, or  \r\n \r\n(b) by a District Judge, where the deceased at the time of his death had a fixed \r\nplace of abode situate within the jurisdiction of such  Judge, and such Judge \r\ncertifies that the value of the  property and estate affected beyond the limits of \r\nthe Province does not  exceed ten thousand rupees, \r\n \r\n \r\n \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”  \r\n2 The original words “an Indian Chi ristian” have been amended by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3 rd \r\nSch. and A. O., 1949, to read as above. \r\n \r\nPage 102 of 133 \r\n \r\n shall, unless otherwise directed by the grant, have like effect throughout 1[Pakistan] \r\n \r\n 2[* *  *  *  *  *       *] \r\n \r\n 3 [The said proviso shall also apply in 4[Pakistan] after the separation of Pakistan from India \r\nto probates and letters of administration granted before the date of the separation, or on or after that \r\ndate in proceedings pending at that date in any of the territories which on that date were comprised in \r\nIndia.]  \r\n \r\n 274. Transmission to High Courts of certificate of grants under proviso to section 273.___ \r\n(1) Where probate or letters of administration has or have been granted by a High Court or D istrict \r\nJudge with the effect referred to in the proviso to section 273, the High Court or District Judge shall \r\nsend a certificate thereof to the following Courts, namely:___  \r\n \r\n(a) when the grant has been made by a High Court, to each of the other High \r\nCourts;  \r\n \r\n(b) when the grant has been made by a District Judge, to the High Court to which \r\nsuch District Judge is subordinate and to each of the other High Courts.  \r\n  \r\n (2) Every certificate referred to in sub - section (1) shall be made as nearly as circumstan ces \r\nadmit in the form set forth in Schedule IV, and such certificate shall be filed by the High Court \r\nreceiving the same.  \r\n \r\n (3) Where any portion of the assets has been stated by the petitioner, as hereinafter provided \r\nin sections 276 and 278, to be situa te within the jurisdiction of a District Judge in another Province, \r\nthe Court required to send the certificate referred to in sub - section (1) shall send a copy thereof to \r\nsuch District Judge, and such copy shall be filed by the District Judge receiving the same. \r\n \r\n 275. Conclusiveness of application for probate or administration if properly made and \r\nverified. The application for probate or letters of administration, if made and verified in the manner \r\nhereinafter provided, shall be conclusive for the purpose  of authorising the grant of probate or \r\nadministration; and no such grant shall be impeached by reason only that the testator or intestate had \r\nno fixed place of abode or no property within the district at the time of his death, unless by a \r\nproceeding to revoke the grant if obtained by a fraud upon the Court. \r\n  \r\n 276. Petition for probate. ___(1) Application for probate or for letters of administration, with \r\nthe will annexed, shall be made by a petition distinctly written in English or in the language in \r\nordinary use in proceedings before the Court in which the application is made, with the will or, in the \r\ncases mentioned in sections 237, 238 and 239, a copy, draft, or statement of the contents thereof, \r\nannexed, and stating-  \r\n \r\n(a) the time of the testator’s death,  \r\n \r\n(b) that the writing annexed is his last will and testament,  \r\n   \r\n(c) that it was duly executed, \r\n \r\n \r\n1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955), for “the \r\nProvinces of Pakistan” which had been subs. by A. O., 1949, for “the whole of British India”. \r\n2 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II. This paragraph was pre viously amended by \r\nvarious enactments. \r\n3 Added by A. O., 1949. \r\n4 Subs. by Ordinance 21 of 1960. s. 3 and 2nd Sch., for “the Provinces of Pakistan” (with effect from the 14th October, 1955). \r\n \r\nPage 103 of 133 \r\n \r\n(d) the amount of assets which are likely to come to the petitioner’s hands, and  \r\n \r\n(e) when the application is for probate, that the petitioner is the executor named in \r\nthe will. \r\n  \r\n(2) In addition to these particulars, the petition shall further state,___  \r\n \r\n  (a) when the application is to the District Judge, that the deceased at the time of \r\n   his death had a f ixed place of abode, or had some property, situate within the \r\n   jurisdiction of the Judge; and  \r\n \r\n  (b) when the application is to a District Delegate, that the deceased at the time of \r\n   his death had a fixed place of abode within the jurisdiction of such Delegate.  \r\n \r\n (3) Where the application is to the District Judge and any portion of the assets likely to come \r\nto the petitioner ’s hands is situate in another Province the petition shall further state the amount of \r\nsuch assets in each Province and the District Judges within whose jurisdiction such assets are situate. \r\n \r\n 277. In what cases translation of will to be annexed to petition. Verification of \r\ntranslation by person other than Court translator.  In cases wherein the will, copy or draft, is \r\nwritten in any  language other than English or than that in ordinary use in proceedings before the \r\nCourt, there shall be a translation thereof annexed to the petition by a translator of the Court, if the \r\nlanguage be one for which a translator is appointed; or, if the wil l, copy or draft, is in any other \r\nlanguage, then by any person competent to translate the same, in which case such translation shall be \r\nverified by that person in the following manner, namely:___  \r\n \r\n “I (A.B.) do declare that I read and perfectly understand  the language and character of the \r\noriginal, and that the above is a true and accurate translation thereof.”  \r\n \r\n 278. Petition for letters of administration. ___(1) Application for letters of administration \r\nshall be made by petition distinctly written as aforesaid and stating-  \r\n \r\n(a) the time and place of the deceased’s death;  \r\n \r\n(b) the family or other relatives of the deceased, and their respective residences;  \r\n \r\n(c) the right in which the petitioner claims;   \r\n \r\n(d) the amount of assets which are likely to come to the petitioner’s hands;  \r\n \r\n( e )   when the application is to the District Judge, that the deceased at the time of \r\nhis death had a fixed place of abode, or had some property, situate within the \r\njurisdiction of the Judge; and  \r\n \r\n(f) when the application is t o a District Delegate, that the deceased at the time of \r\nhis death had a fixed place of abode within the jurisdiction of such Delegate. \r\n \r\n (2) Where the application is to the District Judge and any portion of the assets likely to come \r\nto the petitioner ’s hands is situate in another Province, the petition shall further state the amount of \r\nsuch assets in each Province and the District Judges within whose jurisdiction such assets are situate.  \r\n \r\nPage 104 of 133 \r\n \r\n 279. Addition to statement in petition, etc., for probate or letters  of administration in \r\ncertain cases.___(1) Every person applying to any of the Courts mentioned in the proviso to section \r\n273 for probate of a will or letters of administration of an estate intended to have effect throughout \r\n1[Pakistan], shall state in his  petition, in addition to the matters respectively required by section 276 \r\nand section 278, that to the best of his belief no application has been made to any other Court for a \r\nprobate of the same will or for letters of administration of the same estate, i ntended to have such \r\neffect as last aforesaid,  \r\n \r\n or, where any such application has been made, the Court to which it was made, the person or \r\npersons by whom it was made and the proceedings (if any) had thereon.  \r\n \r\n (2) The Court to which any such applicati on is made under the proviso to section 273 may, if \r\nit thinks fit, reject the same.  \r\n \r\n 280. Petition for probate, etc., to be signed and verified.  The petition for probate or letters \r\nof administration shall in all cases be subscribed by the petitioner and his pleader, if any, and shall be \r\nverified by the petitioner in the following manner, namely:___   \r\n \r\n “I (A.B.), the petitioner in the above petition, declare that what is stated therein is true to the \r\nbest of my information and belief”.  \r\n \r\n 281. Verification of petition for probate by one witness to will.  Where the application is \r\nfor probate, the petition shall also be verified by at least one of the witnesses to the will (when \r\nprocurable) in the manner or to the effect following, namely:___  \r\n \r\n “I (C. D.), one of the witnesses to the last will and testament of the testator mentioned in the \r\nabove petition, declare  that I was present and saw the said testator affix his signature ( or mark) \r\nthereto (or that the said testator acknowledged the writing annexed to the above petition to be his last \r\nwill and testament in my presence).”  \r\n \r\n 282. Punishment for false averment in petition or declaration.  If any petition or \r\ndeclaration which is hereby required to be verified contains any averment which the person making \r\nthe verification knows or believes to be false, such person shall be deemed to have committed an \r\noffence under section 193 of the Pakistan Penal Code (XLV of 1860).   \r\n \r\n 283. Powers of District Judge.___(1) In all cases the District Judge or District Delegate m ay, \r\nif he thinks proper,___  \r\n \r\n(a) examine the petitioner in person, upon oath;  \r\n \r\n(b) require further evidence of the due execution of the will or the right of the \r\npetitioner to the letters of administration, as the case may be;  \r\n \r\n(c) issue citations callin g upon all persons claiming to have any interest in the \r\nestate of the deceased to come and see the proceedings before the grant of \r\nprobate or letters of administration.  \r\n \r\n \r\n1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14 th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A. O. 1949, for “British India”. \r\n \r\nPage 105 of 133 \r\n \r\n (2) The citation shall be fixed up in some conspicuous part of the court -house, and also in the \r\noffice of the Collector of the district and otherwise published or made known in such manner as the \r\nJudge or District Delegate issuing the same may direct.  \r\n \r\n (3) Where any portion of the assets has been stated by the petitioner to be situate within th e \r\njurisdiction of a District Judge in another Province, the District Judge issuing the same shall cause a \r\ncopy of the citation to be sent to such other District Judge, who shall publish the same in the same \r\nmanner as if it were a citation issued by himself , and shall certify such publication to the District \r\nJudge who issued the citation.  \r\n  \r\n 284. Caveats against grant of probate or administration.___(1) Caveats against the grant of \r\nprobate or administration may be lodged with the District Judge or a District Delegate.  \r\n \r\n (2) Immediately on any caveat being lodged with any District Delegate, he shall send copy \r\nthereof to the District Judge.  \r\n \r\n (3) Immediately on a caveat being entered with the District Judge, a copy thereof shall be \r\ngiven to the District Delegate, if any, within whose jurisdiction it is alleged the deceased had a fixed \r\nplace of abode at the time of his death, and to any other Judge or District Delegate to whom it may \r\nappear to the District Judge expedient to transmit the same.  \r\n \r\n (4). Form of caveat. The caveat shall be made as nearly as circumstances admit in the form \r\nset forth in Schedule V.  \r\n \r\n 285. After entry of caveat, no proceeding taken on petition until after notice to caveator.  \r\nNo proceeding shall be taken on a petition for probate or letters of administration after a caveat \r\nagainst the grant thereof has been entered with the Judge or District Delegate to whom the \r\napplication has been made or notice has been given of its entry with some other Delegate, until after \r\nsuch notice to the person by whom the same has been entered as the Court may think reasonable. \r\n  \r\n 286. District Delegate when not to grant probate or administration.  A District Delegate \r\nshall not grant probate or letters of administration in any case in which there is contentio n as to the \r\ngrant, or in which it otherwise appears to him that probate or letters of administration ought not to be \r\ngranted in his Court.  \r\n \r\n Explanation.___ “Contention” means the appearance of any one in person, or by his \r\nrecognized agent, or by a pleader duly appointed to act on his behalf, to oppose the proceeding.  \r\n \r\n 287. Power to transmit statement to District Judge in doubtful cases where no \r\ncontention. In every case in which there is no contention, but it appears to the District Delegate \r\ndoubtful whether the probate or letters of administration should or should not be granted, or when \r\nany question arises in relation to the grant, or application for the grant, of any probate or letters of \r\nadministration, the District Delegate may, if he thinks proper,  transmit a statement of the matter in \r\nquestion to the District Judge, who may direct the District Delegate to proceed in the matter of the \r\napplication, according to such instructions as to the Judge may seem necessary, or may forbid any \r\nfurther proceeding by the District Delegate in relation to the matter of such application, leaving the \r\nparty applying for the grant in question to make application to the Judge.  \r\n \r\n  \r\n \r\nPage 106 of 133 \r\n \r\n 288. Procedure where there is contention or District Delegate thinks probate or letters \r\nof administration should be refused in his Court. In every case in which there is contention, or the \r\nDistrict Delegate is of opinion that the probate or letters of administration should be refused in his \r\nCourt, the petition, with any documents which may have been filed therewith, shall be returned to the \r\nperson by whom the application was made, in order that the same may be presented to the District \r\nJudge, unless the District Delegate thinks it necessary, for the purposes of justice, to impound the \r\nsame, which he is hereby authorised to do; and, in that case, the same shall be sent by him to the \r\nDistrict Judge.    \r\n 289. Grant of probate to be under seal of Court.  When it appears to the District Judge or \r\nDistrict Delegate that probate of a will should be grante d, he shall grant the same under the seal of \r\nhis Court in the form set forth in Schedule VI. \r\n  \r\n 290. Grant of letters of administration to be under seal of Court.  When it appears to the \r\nDistrict Judge or District Delegate that letters of administration to the estate of a person deceased, \r\nwith or without a copy of the will annexed, should be granted, he shall grant the same under the seal \r\nof his Court in the form set forth in Schedule VII.  \r\n \r\n 291. Administration bond.____(1) Every person to whom any grant of  letters of \r\nadministration, other than a grant under section 241, is committed, shall give a bond to the District \r\nJudge with one or more surety or sureties, engaging for the due collection, getting in, and \r\nadministering the estate of the deceased, which bo nd shall be in such form as the Judge may, by \r\ngeneral or special order, direct.  \r\n \r\n (2) When the deceased was a Hindu, 1[Muslim], Buddhist, Sikh or Jaina or an exempted \r\nperson___  \r\n(a) the exception made by sub - section (1) in respect of a grant under sectio n 241 \r\nshall not operate.   \r\n(b) the District Judge may demand a like bond from any person to whom probate \r\nis granted.  \r\n \r\n 292. Assignment of administration bond.  The Court may, on application made by petition \r\nand on being satisfied that the engagement of any  such bond has not been kept, and upon such terms \r\nas to security, or providing that the money received be paid into Court, or otherwise, as the Court \r\nmay think fit, assign the same to some person, his executors or administrators, who shall thereupon \r\nbe ent itled to sue on the said bond in his or their own name or names as if the same had been \r\noriginally given to him or them instead of to the Judge of the Court, and shall be entitled to recover \r\nthereon, as trustees for all person interested, the full amount r ecoverable in respect of any breach \r\nthereof.  \r\n \r\n 293. Time for grant of probate and administration.  No probate of a will shall be granted \r\nuntil after the expiration of seven clear days, and no letters of administration shall be granted until \r\nafter the expiration of fourteen clear days from the day of the testator or intestate’s death.  \r\n \r\n 294. Filing of original wills of which probate or administration with will annexed \r\ngranted.―(1) Every District Judge, or District Delegate, shall file and preserve all origi nal wills, of \r\nwhich probate or letters of  administration with the will annexed may be granted by him, among the \r\nrecords of his Court, until some public registry for wills is established.    \r\n  \r\n (2) The 2[Provincial Government] shall make regulations for th e preservation and inspection \r\nof the wills so filed.  \r\n \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n2 Subs. by F.A. O., 1937, for “L. G.”. \r\n \r\nPage 107 of 133 \r\n \r\n 295. Procedure in contentious cases.  In any case before the District Judge in which there is \r\ncontention, the proceedings shall take, as nearly as may be, the form of a regular suit, according to \r\nthe provisions of the Code of Civil Procedure, 1908 (V of 1908), in which the petitioner for probate \r\nor letters of administration, as the case may be, shall be t he plaintiff, and the person who has \r\nappeared to oppose the grant shall be the defendant.  \r\n \r\n 296. Surrender of revoked probate or letters of admini stration.___(1) When a grant of \r\nprobate or letters of administration is revoked or annulled under this Act, t he person to whom the \r\ngrant was made shall forthwith deliver up the probate or letters to the Court which made the grant.  \r\n \r\n (2) If such person wilfully and without reasonable cause omits so to deliver up the probate or \r\nletters, he shall be punishable with  fine which may extend to one thousand rupees, or with \r\nimprisonment for a term which may extend to three months, or with both. \r\n \r\n 297. Payment to executor or administrator before probate or administration revoked.  \r\nWhen a grant of probate or letters of admin istration is revoked, all payments bona fide made to any \r\nexecutor or administrator under such grant before the revocation thereof shall, notwithstanding such \r\nrevocation, be a legal discharge to the person making the same; and the executor or administrator \r\nwho has acted under any such revoked grant may retain and reimburse himself in respect of any \r\npayments made by him which the person to whom probate or letters of administration may after \r\nwards be granted might have lawfully made.  \r\n \r\n 298. Power to refuse le tters of administration.  Notwithstanding anything hereinbefore \r\ncontained it shall, where the deceased was a 1[Muslim], Buddhist or exempted person, or a Hindu, \r\nSikh or Jaina to whom section 57 does not apply, be in the discretion of the Court to make an or der \r\nrefusing, for reasons to be recorded by it in writing, to grant any application for letters of \r\nadministration made under this Act.  \r\n \r\n 299. Appeals from orders of District Judge. Every order made by a District Judge by virtue \r\nof the powers hereby confer red upon him shall be subject to appeal to the High Court in accordance \r\nwith the provisions of the Code of Civil Procedure, 1908 (V of 1908), applicable to appeals.  \r\n \r\n 300. Concurrent jurisdiction of High Court. ___ (1) The High Court shall have concurrent \r\njurisdiction with the District Judge in the exercise of all the powers hereby conferred upon the \r\nDistrict Judge.  \r\n \r\n (2) Except in cases to which section 57 applies, no High Court, in exercise of the concurrent \r\njurisdiction hereby conferred over any local area 2[* * *],  3[* * *], shall, where the deceased is a Hindu, \r\n1[Muslim], Buddhist, Sikh or Jaina or an exempted person, receive applications for probate or letters \r\nof administration until the 4[Provincial Government] has, by a notification in the 5[official Gazette], \r\nauthorised it so to do.  \r\n \r\n 301. Removal of executor or administrator and provision for successor.  The High Court \r\nmay on application made to it suspend remove or discharge any private executor or administrator and \r\nprovide for the succession of another person to the office of any such executor or administrator who \r\nmay cease to hold office, and the vesting in such successor of any property belonging to the estate.  \r\n \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan” \r\n2The words beyond the limits of the towns of Calcutta, Madras and Bombay” omitted by A. O., 1949. \r\n3The words “and the province of Burma” omitted by A. O. 1937. \r\n4Subs. ibid., for “ L. G.” \r\n5Subs. ibid., for “local official Gazette”. \r\n \r\nPage 108 of 133 \r\n \r\n 302. Directions to executor or administrator.  Where probate or letters of administration in \r\nrespect of any estate has or have been granted under this Act, the High Court may on application \r\nmade to it, give to the executor or administrator any general or special directions in regard to the \r\nestate or in regard to the administration thereof.  \r\n____________ \r\n \r\nCHAPTER V \r\n \r\nOF EXECUTORS OF THEIR OWN WRONG \r\n \r\n 303. Executor of his own wrong.  A person who intermeddles with the estate of the \r\ndeceased, or does any other act which belongs to the office of executor, whi le there is no rightful \r\nexecutor or administrator in existence thereby makes himself an executor of his own wrong.  \r\n \r\n Exceptions.—(1) Intermeddling with the goods of the deceased for the purpose of preserving \r\nthem or providing for his funeral or for the im mediate necessities of his family or property, does not \r\nmake an executor of his own wrong. \r\n  \r\n (2) Dealing in the ordinary course of business with goods of the deceased received from \r\nanother does not make an executor of his own wrong.  \r\n \r\n Illustrations  \r\n \r\n(i)  A uses or gives away or sells some of the goods of the deceased, or takes them \r\nto satisfy his own debt or legacy or receives payment of the debts of the \r\ndeceased. He is an executor of his own wrong.  \r\n \r\n(ii)  A, having been appointed agent by the deceased in his lifetime to collect his \r\ndebts and sell his goods, continues to do so after he has become aware of his \r\ndeath. He is an executor of his own wrong in respect of acts done after he has \r\nbecome aware of the death of the deceased.  \r\n \r\n(iii)  A sues as execut or of the deceased, not being such. He is an executor of his \r\nown wrong.  \r\n \r\n 304. Liability of executor of his own wrong.  When a person has so acted as to become an \r\nexecutor of his own wrong, he is answerable to the rightful executor or administrator, or to any \r\ncreditor or legatee of the deceased, to the extent of the assets which may have come to his hands after \r\ndeducting payments made to the rightful executor or administrator, and payments made in due course \r\nof administration.  \r\n _____  \r\n \r\nCHAPTER VI \r\n \r\nOF THE POWERS OF AN EXECUTOR OR ADMINISTRATOR \r\n \r\n 305. In respect of causes of action surviving deceased and debts due at death.  An \r\nexecutor or administrator has the same power to sue in respect of all causes of action that survive the \r\ndeceased, and may exercise the  same power for the recovery of debts as the deceased has when \r\nliving.  \r\n \r\n \r\nPage 109 of 133 \r\n \r\n 306. Demands and rights of action of or against deceased survive to and against \r\nexecutor or administrator. All demands whatsoever and all rights to prosecute or defend any action \r\nor special proceeding existing in favour of or against a person at the time of his decease, survive to \r\nand against his executors or administrators; except causes of action for defamation, assault, as \r\ndefined in the Pakistan Penal Code (XLV of 1860), or other personal injuries not causing the death of \r\nthe party; and except also cases where, after the death of the party, the relief sought could not be \r\nenjoyed or granting it would be nugatory. \r\n  \r\nIllustrations \r\n \r\n   (i)  A collision takes place on a railway in conse quence of some neglect or default \r\nof an official, and a passenger is severely hurt, but not so as to cause death. He \r\nafterwards dies without having brought any action. The cause of action does \r\nnot survive.  \r\n \r\n(ii)  A sues for divorce. A dies. The cause of a ction does not survive to his \r\nrepresentative. \r\n  \r\n 307. Power of executor or administrator to dispose of property. ___(1) Subject to the \r\nprovisions of sub -section (2), an executor or administrator has power to dispose of the property of \r\nthe deceased, vested i n him under section 211, either wholly or in part, in such manner as he may \r\nthink fit.  \r\n \r\nIllustrations \r\n \r\n(i)  The deceased has made a specific bequest of part of his property. The \r\nexecutor, not having assented to the bequest, sells the subject of it. The sa le is \r\nvalid.  \r\n \r\n(ii)  The executor in the exercise of his discretion mortgages a part of the \r\nimmoveable estate of the deceased. The mortgage is valid.  \r\n \r\n (2) If the deceased was Hindu, 1[Muslim], Buddhist, Sikh or Jaina or an exempted person, the \r\ngeneral power conferred by sub-section (1) shall be subject to the following restrictions and \r\nconditions, namely:― \r\n \r\n(i) The power of an executor to dispose of immoveable property so vested in him \r\nis subject to any restriction which may be imposed in this behalf by t he will \r\nappointing him, unless probate has been granted to him and the Court which \r\ngranted the probate permits him by an order in writing, notwithstanding the \r\nrestriction, to dispose of any immoveable property specified in the order in a \r\nmanner permitted by the order.  \r\n \r\n(ii) An administrator may not, without the previous permission of the Court by \r\nwhich the letters of administration were granted,___  \r\n \r\n   (a) mortgage, charge or transfer by sale, gift, exchange or otherwise any \r\n    immoveable property for th e time being vested in him under section \r\n    211, or   \r\n   (b) lease any such property for a term exceeding five years. \r\n  \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n \r\nPage 110 of 133 \r\n \r\n  (iii) A disposal of property by an executor or administrator in contravention of  \r\n   clause (i) or clause ( ii), as the case may be, is voidable at the instance of any \r\n   other person interested in the property.   \r\n \r\n (3) Before any probate or letters of administration is or are granted in such a case, there shall \r\nbe endorsed the reon or annexed thereto a copy of sub - section (1) and clauses ( i) and ( iii) of sub - \r\nsection (2) or of sub- section (1) and clauses (ii) and (iii) of sub- section (2), as the case may be.  \r\n \r\n (4) A probate or letters of administration shall not be rendered invalid by reason of the \r\nendorsement or annexure required by sub - section (3) not having been made thereon or attached \r\nthereto, no r shall the absence of such an endorsement or annexure authorise an executor or \r\nadministrator to act otherwise than in accordance with the provisions of this section. \r\n  \r\n 308. General powers of administration.  An executor or administrator may, in addition to, \r\nand not in derogation of, any other powers of expenditure lawfully exercisable by him incur \r\nexpenditure____ \r\n  \r\n(a) on such a cts as may be necessary for the proper care or management of any \r\nproperty belonging to any estate administered by him, and  \r\n \r\n(b) with the sanction of the High Court, on such religious, charitable and other \r\nobjects, and on such improvements, as may be reaso nable and proper in the \r\ncase of such property. \r\n  \r\n 309. Commission or agency charges.  An executor or administrator shall not be entitled to \r\nreceive or retain any commission or agency charges at a higher rate than that for the time being fixed \r\nin respect of the Administrator -General by or under the Administrator -General’s Act, 1913 (III of \r\n1913). \r\n \r\n 310. Purchase by executor or administrator of deceased ’s property.  If any executor or \r\nadministrator purchases, either directly or indirectly, any part of the prope rty of the deceased, the \r\nsale is voidable at the instance of any other person interested in the property sold.  \r\n \r\n 311. Powers of several executors or administrators exercisable by one.  When there are \r\nseveral executors or administrators, the powers of all m ay, in the absence of any direction to the \r\ncontrary, be exercised by any one of them who has proved the will or taken out administration.  \r\n \r\nIllustrations \r\n \r\n(i)  One of several executors has power to release a debt due to the deceased.  \r\n  \r\n(ii)  One has power to surrender a lease.  \r\n  \r\n(iii)  One has power to sell the property of the deceased whether moveable or \r\nimmoveable.  \r\n  \r\n(iv)  One has power to assent to a legacy.  \r\n  \r\n(v)  One has power to endorse a promissory note payable to the deceased.  \r\n  \r\n \r\nPage 111 of 133 \r\n \r\n(vi)  The will appoints A, B, C and D to be executors, and directs that two of them \r\nshall be a quorum. No act can be done by a single executor. \r\n  \r\n 312. Survival of powers on death of one of several executors or administrators.  Upon the \r\ndeath of one or more of several exe cutors or administrators, in the absence of any direction to the \r\ncontrary in the will or grant of letters of administration, all the powers of the office become vested in \r\nthe survivors or survivor. \r\n  \r\n 313. Powers of administrator of effects unadministered.  The administrator of effects \r\nunadministered has, with respect to such effects, the same powers as the original executor or \r\nadministrator.  \r\n \r\n 314. Powers of administrator during minority.  An administrator during minority has all \r\nthe powers of an ordinary administrator.  \r\n \r\n 315. Powers of married executrix or administratrix.  When a grant of probate or letters of \r\nadministration has been made to a married woman, she has all the powers of an ordinary executor or \r\nadministrator.  \r\n____ \r\n \r\n \r\nCHAPTER VII \r\n \r\nOF THE DUTIES OF AN EXECUTOR OR ADMINISTRATOR \r\n \r\n 316. As to deceased ’s funeral.  It is the duty of an executor to provide funds for the \r\nperformance of the necessary funeral ceremonies of the deceased in a manner suitable to his \r\ncondition, if he has left property sufficient for the purpose.  \r\n \r\n 317. Inventory and account. ___(1) An executor or administrator shall, within six months \r\nfrom the grant of probate or letters of administration, or within such further time as the Court which \r\ngranted the probate or letters may appoint,  exhibit in that Court an inventory containing a full and \r\ntrue estimate of all the property in possession, and all the credits, and also all the debts owing by any \r\nperson to which the executor or administrator is entitled in that character; and shall in li ke manner, \r\nwithin one year from the grant or within such further time as the said Court may appoint, exhibit an \r\naccount of the estate, showing the assets which have come to his hands and the manner in which they \r\nhave been applied or disposed of.  \r\n \r\n (2) The High Court may prescribe the form in which an inventory or account under this \r\nsection is to be exhibited.  \r\n \r\n (3) If an executor or administrator, on being required by the Court to exhibit an inventory or \r\naccount under this section, intentionally omits to comply with the requisition, he shall be deemed to \r\nhave committed an offence under section 176 of the Pakistan Penal Code (XLV of 1860).  \r\n \r\n (4) The exhibition of an intentionally false inventory or account under this section shall be \r\ndeemed to be an offence under section 193 of that Code.  \r\n  \r\n \r\n \r\n \r\nPage 112 of 133 \r\n \r\n \r\n 318. Inventory to include property in any part of Pakistan in certain cases.  In all cases \r\nwhere a grant has been made of probate or letters of administration intended to have effect \r\nthroughout 1[Pakistan], the execu tor or administrator shall include in the inventory of the effects of \r\nthe deceased all his moveable and immoveable property situate in 2[Pakistan], and the value of such \r\nproperty situate in each province shall be separately stated in such inventory, and th e probate or \r\nletters of administration shall be chargeable with a fee corresponding to the entire amount or value of \r\nthe property affected thereby wheresoever situate within 2[Pakistan]. \r\n \r\n 319. As to property of  and debts owing to, deceased.  The executor o r administrator shall \r\ncollect, with reasonable diligence, the property of the deceased and the debts that were due to him at \r\nthe time of his death.  \r\n \r\n \r\n 320. Expenses to be paid before all debts.  Funeral expenses to a reasonable amount, \r\naccording to the deg ree and quality of the deceased, and death -bed charges, including fees for \r\nmedical attendance, and board and lodging for one month previous to his death, shall be paid before \r\nall debts.  \r\n \r\n 321. Expenses to be paid next after such expenses.  The expenses of obtaining probate or \r\nletters of administration, including the costs incurred for or in respect of any judicial proceedings that \r\nmay be necessary for administering the estate, shall be paid next after the funeral expenses and \r\ndeath-bed charges.  \r\n \r\n 322. Wage s for certain services to be next paid and then other debts . Wages due for \r\nservices rendered to the deceased within three months next preceding his death by any labourer, \r\nartizan or domestic servant shall next be paid, and then the other debts of the decea sed according to \r\ntheir respective priorities (if any).  \r\n \r\n 323. Save as aforesaid, all debts to be paid equally and rateably.  Save as aforesaid, no \r\ncreditor shall have a right of priority over another ; but the executor or administrator shall pay all \r\nsuch d ebts as he knows of, including his own, equally and rateably as far as the assets of the \r\ndeceased will extend.  \r\n  \r\n 324. Application of moveable property to payment of debts where domicile not in \r\nPakistan.___(1) If the domicile of the deceased was not in 1[Pakistan], the application of his \r\nmoveable property to the payment of his debts is to be regulated by the law of 1[Pakistan].  \r\n \r\n (2) No creditor who has received payment of a par t of his debt by virtue of sub -section (1) \r\nshall be entitled to share in the p roceeds of the immoveable estate of the deceased unless he brings \r\nsuch payment into account for the benefit of the other creditors.  \r\n \r\n (3) This section shall not apply where the deceased was a Hindu, 3[Muslim], Buddhist, Sikh \r\nor Jaina or an exempted person. \r\n \r\n \r\n \r\n \r\n1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955)for “the Provinces \r\nof Pakistan” which had been subs. by A. O., 1949, for “the whole of British India”. \r\n2 Subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which \r\nhad been subs. A. O., 1949, for “British India”. \r\n \r\nPage 113 of 133 \r\n \r\n3 Subs. by F.A.O., 1975, Art 2 and Table for “Muhammadan”. \r\n \r\nIllustration \r\n \r\n A dies, having his domicile in a country where instruments under seal have priority over \r\ninstruments not under seal leaving moveable property to the value of 5, 000 rupees, and immoveable \r\nproperty to the value of 10, 000 rupees, debts on instrumen ts under seal to the amount of 10, 000 \r\nrupees, and debts on instruments not under seal to the same amount. The creditors holding \r\ninstruments under seal receive half of their debts out of the proceeds of the moveable estate. The \r\nproceeds of the immoveable estate are to be applied in payment of the debts on instruments not under \r\nseal until one- half of such debts has been discharged. This will leave 5, 000 rupees which are to be \r\ndistributed rateably amongst all the creditors without distinction, in proportion  to the amount which \r\nmay remain due to them. \r\n  \r\n 325. Debts to be paid before legacies.  Debts of every description must be paid before any \r\nlegacy.  \r\n \r\n 326. Executor or administrator not bound to pay legacies without indemnity. If the estate \r\nof the deceased i s subject to any contingent liabilities, an executor or administrator is not bound to \r\npay any legacy without a sufficient indemnity to meet the liabilities whenever they may become due.  \r\n \r\n 327. Abatement of general legacies.  If the assets, after payment of  debts, necessary \r\nexpenses and specific legacies, are not sufficient to pay all the general legacies in full, the latter shall \r\nabate or be diminished in equal proportions, and, in the absence of any direction to the contrary in \r\nthe will, the executor has no right to pay one legatee in preference to another, or to retain any money \r\non account of a legacy to himself or to any person for whom he is a trustee.  \r\n \r\n 328. Non- abatement of specific legacy when assets sufficient to pay debts.  Where there is \r\na specific legacy, and the assets are sufficient for the payment of debts and necessary expenses, the \r\nthing specified must be delivered to the legatee without any abatement.  \r\n \r\n 329. Right under demonstrative legacy when assets sufficient to pay debts and necessary \r\nexpenses. Where there is a demonstrative legacy, and the assets are sufficient for the payment of \r\ndebts and necessary expenses, the legatee has a preferential claim for payment of his legacy out of \r\nthe fund from which the legacy is directed to be paid unti l such fund is exhausted and if, after the \r\nfund is exhausted, part of the legacy still remains unpaid, he is entitled to rank for the remainder \r\nagainst the general assets as for a legacy of the amount of such unpaid remainder. \r\n \r\n 330. Rateable abatement of specific legacies. If the assets are not sufficient to answer the \r\ndebts and the specific legacies, an abatement shall be made from the latter rateably in proportion to \r\ntheir respective amounts. \r\n  \r\nIllustration \r\n \r\n A has bequeathed to B a diamond ring valued a t 500 rupees, and to C a horse, valued at 1, \r\n000 rupees. It is found necessary to sell all the effects of the testator; and his assets, after payment of \r\ndebts, are only 1, 000 rupees. Of this sum rupees 333 - 5- 4 are to be paid to B, and rupees 666 - 10- 8 \r\nto C.  \r\n \r\n \r\nPage 114 of 133 \r\n \r\n 331. Legacies treated as general for purpose of abatement.  For the purpose of abatement, \r\na legacy for life, a sum appropriated by the will to produce an annuity, and the value of an annuity \r\nwhen no sum has been appropriated to produce it, shall be treated as general legacies.  \r\n \r\n____ \r\n \r\nCHAPTER VIII \r\n \r\nOF ASSENT TO A LEGACY BY EXECUTOR OR ADMINISTRATOR \r\n  \r\n 332. Assent necessary to complete legatee ’s title.  The assent of the executor or \r\nadministrator is necessary to complete a legatee’s title to his legacy.  \r\n \r\nIllustrations \r\n \r\n(i)  A by his will bequeaths to B his Government paper which is in deposit with \r\nthe 1[National Bank of Pakistan].The Bank has no authority to  deliver the \r\nsecurities, nor B a right to take possession of them, without the assent of the \r\nexecutor.  \r\n \r\n(ii)  A by his will has bequeathed to C his house in 2[Quetta] in the tenancy of B. C \r\nis not entitled to receive the rents without the assent of the executor or \r\nadministrator.  \r\n \r\n 333. Effect of executor ’s assent to specific legacy. ___(1) The asse nt of the executor or \r\nadministrator to a specific bequest shall be sufficient to divest his interest as executor or \r\nadministrator therein, and to transfer the subject of the bequest of the legatee, unless the nature or the \r\ncircumstances of the property require that it shall be transferred in a particular way.  \r\n \r\n (2) This assent may be verbal, and it may be either express or implied from the conduct of the \r\nexecutor or administrator.  \r\nIllustrations \r\n \r\n(i)  A horse is bequeathed. The executor requests the legate e to dispose of it, or a \r\nthird party proposes to purchase the horse from the executor, and he directs \r\nhim to apply to the legatee. Assent to the legacy is implied. \r\n \r\n (ii)  The interest of a fund is directed by the will to be applied for the maintenance \r\nof the legatee during his minority. The executor commences so to apply it. \r\nThis is an assent to the whole of the bequest.  \r\n \r\n(iii)  A bequest is made of a fund to A and after him to B. The executor pays the \r\ninterest of the fund to A. This is an implied assent to the bequest to B.  \r\n \r\n(iv)  Executors die after paying all the debts of the testator, but before satisfaction \r\nof specific legacies. Assent to the legacies may be presumed.  \r\n \r\n(v)  A person to whom a specific article has been bequeathed takes possession of it \r\nand retains it without any objection on the part of the executor. His assent may \r\nbe presumed.  \r\n \r\n1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch., for “Imperial Bank of India” ( with effect from the 14 th \r\nOctober, 1955).  \r\n2Subs. by Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II for “Dacca” which was previously amended by Ord. \r\n21 of 1960, s. 3 and 2nd Sch., for “Calcutta” (with effect from the 14th October, 1955)  \r\n \r\nPage 115 of 133 \r\n \r\n 334. Cond itional assent.  The assent of an executor or administrator to a legacy may be \r\nconditional, and if the condition is one which he has a right to enforce, and it is not performed, there \r\nis no assent.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths to B his lands of Sultanp ur, which at the date of the will, and at \r\nthe death of A, were subject to a mortgage for 10, 000 rupees. The executor \r\nassents to the bequest, on condition that B shall within a limited time pay the \r\namount due on the mortgage at the testator ’s death. The am ount is not paid. \r\nThere is no assent.  \r\n \r\n(ii)  The executor assents to a bequest on condition that the legatee shall pay him a \r\nsum of money. The payment is not made. The assent is nevertheless valid.  \r\n  \r\n 335. Assent of executor to his own legacy. ___(1) When the executor or administrator is a \r\nlegatee, his assent to his own legacy is necessary to complete his title to it, in the same way as it is \r\nrequired when the bequest is to another person, and his assent may, in like manner, be expressed or \r\nimplied.  \r\n \r\n (2) Assent shall be implied if in his manner of administering the property he does any act \r\nwhich is referable to his character of legatee and is not referable to his character of executor or \r\nadministrator. \r\n \r\nIllustration \r\n \r\n An executor takes the rent of a house  or the interest of Government securities bequeathed to \r\nhim, and applies it to his own use. This is assent.  \r\n \r\n 336. Effect of executor ’s assent.  The assent of the executor or administrator to a legacy \r\ngives effect to it from the death of the testator. \r\n \r\nIllustrations \r\n \r\n(i)  A legatee sells his legacy before it is assented to by the executor. The \r\nexecutor’s subsequent assent operates for the benefit of the purchaser and \r\ncompletes his title to the legacy.  \r\n \r\n(ii)  A bequeaths 1, 000 rupees to B with interest from his death. The executor does \r\nnot assent to his legacy until the expiration of a year from A ’s death. B is \r\nentitled to interest from the death of A.  \r\n \r\n 337. Executor when to deliver legacies. An executor or administrator is not bound to pay or \r\ndeliver any legacy until the expiration of one year from the testator’s death.  \r\n \r\nIllustration \r\n \r\n A by his will directs his legacies to be paid within six months after his death. The executor is \r\nnot bound to pay them before the expiration of a year.  \r\n____ \r\n \r\nPage 116 of 133 \r\n \r\nCHAPTER IX \r\n \r\nOF THE PAYMENT AND APPORTIONMENT OF ANNUITIES \r\n \r\n 338. Commencement of annuity when no time fixed by will.  Where an annuity is given by \r\na will and no time is fixed for its commencement, it shall commence from the testator ’s death, and \r\nthe first payment shall be made at the expiration of a year next after that event.  \r\n \r\n 339. When annuity, to be paid quarterly or monthly, first falls due.  Where there is a \r\ndirection that the annuity shall be paid quarterly or monthly, the first payment shall be due at the end \r\nof the first quarter or first month, as the case may be, after the testator ’ s death; and shall, if the \r\nexecutor or administrator thinks fit, be paid when due, but the executor or administrator shall not be \r\nbound to pay it till the end of the year.  \r\n \r\n 340. D ates of successive payments when first payment directed to be made within a \r\ngiven time or on day certain: death of annuitant before date of payment. ___(1) Where there is a \r\ndirection that the first payment of an annuity shall be made within one month or any other division of \r\ntime from the death of the testator, or on a day certain, the successive payments are to be made on \r\nthe anniversary of the earliest day on which the will authorises the first payment to be made.  \r\n \r\n (2) If the annuitant dies in the interval between the times of payment, an apportioned share of \r\nthe annuity shall be paid to his representative.  \r\n____ \r\n \r\nCHAPTER X \r\n \r\nOF THE INVESTMENT OF FUNDS TO PROVIDE FOR LEGACIES \r\n \r\n 341. Investment of sum bequeathed  where legacy, not specific, given for life.  Where a \r\nlegacy, not being a specific legacy, is given for life, the sum bequeathed shall at the end of the year \r\nbe invested in such securities as the High Court may by any general rule authorise or direct, and the \r\nproceeds thereof shall be paid to the legatee as the same shall accrue due.  \r\n \r\n 342. Investment of general legacy, to be paid at future time: disposal of intermediate \r\ninterest.―(1) Where a general legacy is given to be paid at a future time, the executor or \r\nadministrator shall invest a sum sufficient to meet it in securities of the kind mentioned in section \r\n341.  \r\n \r\n (2) The intermediate interest shall form part of the residue of the testator’s estate.  \r\n \r\n 343. Procedure when no fund charged with, or appropriated to annuity.  Where an \r\nannuity is given and no fund is charged with its payment or appropriated by the will to answer it, a \r\nGovernment annuity of the specified amount shall b e purchased, or, if no such annuity can be \r\nobtained, then a sum sufficient to produce the annuity shall be invested for that purpose in securities \r\nof the kind mentioned in section 341.  \r\n \r\n 344. Transfer to residuary legatee of contingent bequest.  Where a be quest is contingent, \r\nthe executor or administrator is not bound to invest the amount of the legacy, but may transfer the \r\nwhole residue of the estate to the residuary legatee, if any, on his giving sufficient security for the \r\npayment of the legacy if it shall become due.  \r\n \r\n 345. Investment of residue bequeathed for life  without direction to invest in particular \r\nsecurities.___(1) Where the testator has bequeathed the residue of his estate to a person for life \r\n \r\nPage 117 of 133 \r\n \r\nwithout any direction to invest it in any particul ar securities, so much thereof as is not at the time of \r\nthe testator’s decease invested in securities of the kind mentioned in section 341 shall be converted \r\ninto money and invested in such securities.  \r\n \r\n (2) This section shall not apply if the deceased wa s a Hindu, 1[Muslim], Buddhist, Sikh or \r\nJaina or an exempted person.  \r\n \r\n 346. Investment of residue bequeathed for life, with direction to invest in specified \r\nsecurities. When the testator has bequeathed the residue of his estate to a person for life with a  \r\ndirection that it shall be invested in certain specified securities, so much of the estate as is not at the \r\ntime of his death invested in securities of the specified kind shall be converted into money and \r\ninvested in such securities.  \r\n \r\n 347. Time and mann er of conversion and investment.  Such conversion and investment as \r\nare contemplated by sections 345 and 346 shall be made at such times and in such manner as the \r\nexecutor or administrator thinks fit ; and, until such conversion and investment are completed , the \r\nperson who would be for the time being entitled to the income of the fund when so invested shall \r\nreceive interest at the rate of 4 per cent. per annum upon the market - value (to be computed as at the \r\ndate of the testator’s death) of such part of the fund as has not been so invested :  \r\n \r\n Provided that the rate of interest prior to completion of investment shall be six per cent per \r\nannum when the testator was a Hindu,1[Muslim], Buddhist, Sikh or Jaina or an exempted person.  \r\n \r\n 348. Procedure where minor  entitled to immediate payment or possession of bequest, \r\nand no direction to pay to person on his behalf.___(1) Where, by the terms of a bequest, the legatee \r\nis entitled to the immediate payment or possession of the money or thing bequeathed, but is a mino r, \r\nand there is no direction in the will to pay it to any person on his behalf, the executor or \r\nadministrator shall pay or deliver the same into the Court of the District Judge, by whom or by \r\nwhose District Delegate the probate was, or letters of administr ation with the will annexed were, \r\ngranted, to the account of the legatee, unless the legatee is a ward of the Court of Wards. \r\n \r\n (2) If the legatee is a ward of the Court of Wards, the legacy shall be paid to the Court of \r\nWards to his account.  \r\n \r\n (3) Such payment into the Court of the District Judge, or to the Court of Wards, as the case \r\nmay be, shall be a sufficient discharge for the money so paid.  \r\n \r\n (4) Money when paid in under this section shall be invested in the purchase of Government \r\nsecurities, which, with the interest thereon, shall be transferred or paid to the person entitled thereto, \r\nor otherwise applied for his benefit, as the Judge or the Court of Wards, as the case may be, may \r\ndirect.  \r\n______ \r\n \r\nCHAPTER XI \r\n \r\nOF THE PRODUCE AND INTEREST OF LEGACIES \r\n \r\n 349. Legatee’s title to produce of specific legacy. The legatee of a specific legacy is entitled \r\nto the clear produce thereof, if any, from the testator’ s death.  \r\n \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. \r\n \r\n \r\nPage 118 of 133 \r\n \r\n Exception.___ A specific bequest, contingent in its terms, does not comprise the produce of the \r\nlegacy between the death of the testator and the vesting of the legacy. The clear produce of it forms \r\npart of the residue of the testator’s estate.  \r\n \r\nIllustrations \r\n \r\n(i)  A bequeaths his flock of sheep to B. Between the death of A and delivery by \r\nhis executor the sheep are shorn or some of the ewes produce lambs. The wool \r\nand lambs are the property of B. \r\n  \r\n(ii)  A bequeaths his Government securities to B, but postpones the delivery of \r\nthem till the death of C. The interest which falls due between the death of A \r\nand the death of C belongs to B, and must, unless he is a minor, be paid to him \r\nas it is received.  \r\n \r\n(iii)  The testator bequeaths all his four per cent. Government promissory notes  to \r\nA when he shall complete the age of 18. A, if he completes that age, is entitled \r\nto receive the notes, but the interest which acc rues in respect of them between \r\nthe testator’s death and A’s completing 18, form part of the residue.  \r\n \r\n 350. Residuary leg atee’s title to produce of residuary fund.  The legatee under a general \r\nresiduary bequest is entitled to the produce of the residuary fund from the testator’ s death.  \r\n \r\n Exception.___ A general residuary bequest contingent in its terms does not comprise the  \r\nincome which may accrue upon the fund bequeathed between the death of the testator and the vesting \r\nof the legacy. Such income goes as undisposed of.  \r\n \r\nIllustrations \r\n \r\n(i)  The testator bequeaths the residue of his property to A, a minor, to be paid to \r\nhim when he shall complete the age of 18. The income from the testator ’s \r\ndeath belongs to A.   \r\n(ii)  The testator bequeaths the residue of his property to A when he shall complete \r\nthe age of 18. A, if he completes that age, is entitled to receive the residue. \r\nThe income which has accrued in respect of it since the testator ’s death goes \r\nas undisposed of.  \r\n \r\n 351. Interest when no time fixed for payment of general legacy . Where no time has been \r\nfixed for the payment of a general legacy, interest beings to run from  expiration of one year from the \r\ntestator’s death.  \r\n \r\n Exception.___(1) Where the legacy is bequeathed in satisfaction of a debt, interest runs from \r\nthe death of the testator.  \r\n \r\n (2) Where the testator was a parent or a more remote ancestor of the legatee, or has put \r\nhimself in the place of a parent of the legatee, the legacy shall bear interest from the death of the \r\ntestator.  \r\n \r\n (3) Where a sum is bequeathed to a minor with a direction to pay for his maintenance out of \r\nit, interest is payable from the death of the testator.  \r\n \r\n \r\nPage 119 of 133 \r\n \r\n 352. Interest when time fixed.  Where a time has been fixed for the payment of a general \r\nlegacy, interest begins to run from the time so fixed. The interest up to such time forms part of the \r\nresidue of the testator’s estate.  \r\n \r\n Exception.___ Where the testator was a parent or a more remote ancestor of the legatee, or has \r\nput himself in the place of a parent of the legatee and the legatee is a minor, the legacy shall bear \r\ninterest from the death of the testator, unless a specific sum is g iven by the will for maintenance, or \r\nunless the will contains a direction to the contrary.  \r\n \r\n 353. Rate of interest. The rate of interest shall be four per cent. per annum in all cases except \r\nwhen the testator was a Hindu, 1[Muslim], Buddhist, Sikh or Jain a or an exempted person, in whic h \r\ncase it shall be six per cent per annum.  \r\n \r\n 354. No interest on arrears of annuity within first year after testator ’s death. No interest \r\nis payable on the arrears of an annuity within the first year from the death of the t estator, although a \r\nperiod earlier than the expiration of that year may have been fixed by the will for making the first \r\npayment of the annuity.  \r\n \r\n 355. Interest on sum to be invested to produce annuity.  Where a sum of money is directed \r\nto be invested to produce an annuity, interest is payable on it from the death of the testator.  \r\n____ \r\n \r\nCHAPTER XII \r\n \r\nOF THE REFUNDING OF LEGACIES   \r\n 356. Refund of legacy paid under Court ’s orders. When an executor or administrator has \r\npaid a legacy under the order of a Court , he is entitled to call upon the legatee to refund in the event \r\nof the assets proving insufficient to pay all the legacies.  \r\n \r\n 357. No refund if paid voluntarily.  When an executor or administrator has voluntarily paid \r\na legacy, he cannot call upon a legat ee to refund in the event of the assets proving insufficient to pay \r\nall the legacies.  \r\n \r\n 358. Refund when legacy has become due on performance of condition within further \r\ntime allowed under section 137.  When the time prescribed by the will for the performa nce of a \r\ncondition has elapsed, without the condition having been performed, and the executor or \r\nadministrator has thereupon, without fraud, distributed the assets ; in such case, if further time has \r\nbeen allowed under section 137 for the performance of th e condition, and the condition has been \r\nperformed accordingly, the legacy cannot be claimed from the executor or administrator, but those to \r\nwhom he has paid it are liable to refund the amount. \r\n \r\n 359. When each legatee compellable to refund in proportion.  When the executor or \r\nadministrator has paid away the assets in legacies, and he is afterwards obliged to discharge a debt of \r\nwhich he had no previous notice, he is entitled to call upon each legatee to refund in proportion. \r\n \r\n 360. Distribution of assets. Where an executor or administrator has given such notices as the \r\nHigh Court may, by any general rule, prescribe or, if no such rule has been made, as the High Court \r\nwould give in an administration -suit, for creditors and others to send in to him their claim s against \r\nthe estate of the deceased, he shall, at the expiration of the time therein named for sending in claims, \r\nbe at liberty to distribute the assets, or any part thereof, in discharge of such lawful claims as he \r\nknows of, and shall not be liable for t he assets so distributed to any person of whose claim he shall \r\nnot have had notice at the time of such distribution:  \r\n \r\n1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan” \r\n \r\nPage 120 of 133 \r\n \r\n Provided that nothing herein contained shall prejudice the right of any cred itor or claimant to \r\nfollow the assets, or any part thereof, in the hands of the persons who may have received the same \r\nrespectively.  \r\n \r\n 361. Creditor may call upon legatee to refund. A creditor who has not received payment of \r\nhis debt may call upon a legat ee who has received payment of his legacy to refund, whether the \r\nassets of the testator’s estate were or were not sufficient at the time of his death to pay both debts and \r\nlegacies ; and whether the payment of the legacy by the executor or administrator wa s voluntary or \r\nnot.  \r\n \r\n 362. When legatee, not satisfied or compelled to refund under section 361, cannot oblige \r\none paid in full to refund.  If the assets were sufficient to satisfy all the legacies at the time of the \r\ntestator’s death, a legatee who has not received payment of his legacy, or who has been compelled to \r\nrefund under section 361, cannot oblige one who has received payment in full to refund, whether the \r\nlegacy were paid to him with or without suit, although the assets have subsequently become def icient \r\nby the wasting of the executor.  \r\n \r\n 363. When unsatisfied legatee must first proceed against executor, if solvent.  If the assets \r\nwere not sufficient to satisfy all the legacies at the time of the testator ’s death, a legatee who has not \r\nreceived payment of his legacy must, before he can call on a satisfied legatee to refund, first proceed \r\nagainst the executor or administrator if he is solvent; but if the executor or administrator is insolvent \r\nor not liable to pay, the unsatisfied legatee can oblige each satisfied legatee to refund in proportion.  \r\n \r\n 364. Limit to refunding of one legatee to another.  The refunding of one legatee to another \r\nshall not exceed the sum by which the satisfied legacy ought to have been reduced if the estate had \r\nbeen properly administered.    \r\nIllustration   \r\n A has bequeathed 240 rupees to B, 480 rupees to C, and 720 rupees to D. The assets are only \r\n1, 200 rupees and, if properly administered, would give 200 rupees to B , 400 rupees to C and 600 \r\nrupees to D. C and D have been paid t heir legacies in full, leaving nothing to B. B can oblige C to \r\nrefund 80 rupees, and D to refund 120 rupees.  \r\n \r\n 365. Refunding to be without interest. The refunding shall in all cases be without interest.  \r\n \r\n 366. Residue after usual payments to be paid to residuary legatee. The surplus or residue \r\nof the deceased’s property, after payment of debts and legacies, shall be paid to the residuary legatee \r\nwhen any has been appointed by the will.   \r\n \r\n 367. Transfer of assets from Pakistan, to executor or administrat or in country of \r\ndomicile for distribution.  Where a person not having his domicile in 1[Pakistan] has died leaving \r\nassets both in 1[ Pakistan] and in the country in which he had his domicile at the time of his death, \r\nand there has been a grant of probate o r letters of administration in 1[Pakistan] with respect to the \r\nassets there and a grant of administration in the country of domicile with respect to the assets in that \r\ncountry, the executor or administrator, as the case may be, in 1[Pakistan], after having  given such \r\nnotices as are mentioned in section 360, and after having discharged, at the expiration of the time \r\ntherein named, such lawful claims as he knows of, may, instead of himself distributing any surplus or \r\nresidue of the deceased ’ s property to per sons residing out of 1[Pakistan] who are entitled thereto, \r\ntransfer, with the consent of the executor or administrator, as the case may be, in the country of \r\ndomicile, the surplus or residue to him for distribution to those persons.  \r\n \r\n1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October), for “the Provinces and \r\nthe Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n \r\nPage 121 of 133 \r\n \r\nCHAPTER XIII \r\n \r\nOF THE LIABILITY OF AN EXECUTOR OR ADMINISTRATOR FOR DEVASTATION \r\n \r\n 368. Liability of executor or administrator for devastation.  When an executor or \r\nadministrator misapplies the estate of the deceased, or subjects it to loss or damage, he is liable to \r\nmake good the loss or damage so occasioned.   \r\nIllustrations \r\n \r\n(i)  The executor pays out of the estate an unfounded claim. He i s liable to make \r\ngood the loss. \r\n \r\n(ii)  The deceased had a valuable lease renewable by notice which the executor \r\nneglects to give at the proper time. The exec utor is liable to make good the \r\nloss.  \r\n \r\n(iii)  The deceased had a lease of less value than the rent payable for it, but \r\nterminable on notice at a particular time. The executor neglects to give the \r\nnotice. He is liable to make good the loss.  \r\n \r\n 369. Liability of executor or administrator for neglect to get any part of property.  When \r\nan executor or administrator occasions a loss to the estate by neglecting to get in any part of the \r\nproperty of the deceased, he is liable to make good the amount.  \r\n \r\nIllustrations \r\n \r\n(i)  The executor absolutely releases a debt due to the deceased from a solvent \r\nperson, or compounds with a debtor who is able to pay in full. The executor is \r\nliable to make good the amount. \r\n \r\n(ii)  The executor neglects to sue for a debt till the debtor  is able to plead that the \r\nclaim is barred by limitation and the debt is thereby lost to the estate. The \r\nexecutor is liable to make good the amount. \r\n_____ \r\n \r\nPART X \r\n \r\nSuccession Certificates \r\n \r\n 370. Restriction on grant of certificates under this Part. ___(1) A succession certificate \r\n(hereinafter in this Part referred to as a certificate) shall not be granted under this Part with respect to \r\nany debt or security to which a right is required by section 212 or section 213 to be established by \r\nletters of administration or probate:  \r\n \r\n Provided that nothing contained in this section shall be deemed to prevent the grant of a \r\ncertificate to any person claiming to be entitled to the effects of a deceased 1[Pakistan  \r\nChristian ], or to any part thereof, with respect to any d ebt or security, by reason that a right \r\nthereto can be established by letters of administration under this Act.  \r\n \r\n (2) For the purposes of this Part, “security” means___  \r\n \r\n(a) any promissory note, debenture, stock or other security of the 2[Federal \r\nGovernment] or of a 3[Provincial Government];  \r\n \r\n1 Subs. by A. O., 1949, for “Indian Christian”. \r\n*Section 212 and 2013 do not apply to muslims., \r\n2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A. O., 1937, for “G. of I.”. \r\n3Subs. ibid., for “L.G.”. \r\n \r\nPage 122 of 133 \r\n \r\n(b) any bond, debenture, or annuity charged by Act of Parliament 1[of the United \r\nKingdom] on the revenues of India; \r\n  \r\n(c) any stock or debenture of, or share in, a company or other incorporated \r\ninstitution;  \r\n \r\n(d) any debenture or other security for money issued by, or on behalf of, a local \r\nauthority;  \r\n \r\n(e) any other security which the 2[Provincial Government] may, by notification in \r\nthe 3[official Gazette], declare to be a security for the purposes of this Part.  \r\n \r\n 371. C ourt having jurisdiction to grant certificate.  The District Judge within whose \r\njurisdiction the deceased ordinarily resided at the time of his death, or, if at that time the had no fixed \r\nplace of residence, the District Judge, within whose jurisdiction any  part of the property of the \r\ndeceased may be found, may grant a certificate under this Part. \r\n \r\n 372. Application for certificate. ___(1) Application for such a certificate shall be made to the \r\nDistrict Judge by a petition signed and verified by or on behalf of the applicant in the manner \r\nprescribed by the Code of Civil Procedure, 1908 (V of 1908), for the signing and verification of a \r\nplaint by or on behalf of a plaintiff, and setting forth the following particulars, namely:___  \r\n \r\n(a) the time of the death of the deceased ;  \r\n \r\n (b) the ordinary residence of the deceased at the time of his death and, if such \r\nresidence was not within the local limits of the jurisdiction of the Judge to \r\nwhom the application is made, then the property of the  deceased within those \r\nlimits ; \r\n \r\n(c) the family or other near relatives of the deceased and their respective \r\nresidences ;  \r\n \r\n(d) the right in which the petitioner claims ;  \r\n \r\n(e) the absence of any impediment under section 370 or under any other provision \r\nof this Act or any other en actment, to the grant of the certificate or to the \r\nvalidity thereof if it were granted; and  \r\n \r\n(f) the debts and securities in respect of which the certificate is applied for.  \r\n \r\n (2) If the petition contains any averment which the person verifying it knows or believes to be \r\nfalse, or does not believe to be true, that person shall be deemed to have committed an offence under \r\nsection 198 of the Pakistan Penal Code (XLV of 1860).  \r\n \r\n 4[(3) Application for such a certificate may be made in respect of any debt or debts due to the \r\ndeceased creditor or in respect of portions thereof.]  \r\n \r\n1Ins. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n2Subs. by A.O., 1937 for “G. G. in C.”. \r\n3Subs. ibid., for “Gazette of India”. \r\n4Sub-section (3) ins. by the Indian Succession (Amdt.) Act, 1928 (14 of 1928), s. 2. \r\n \r\n \r\nPage 123 of 133 \r\n \r\n 373. Procedure on application.___ (1) If the District Judge is satisfied that there is ground for \r\nentertaining the application, he shall fix a day for the hearing thereof and cause notice of the \r\napplication and of the day fixed for the hearing___  \r\n \r\n(a) to be served on any person to whom, in the opinion of the Judge, special \r\nnotice of the application should be given, and  \r\n \r\n(b) to be posted on some conspicuous part of the court - house and published i n \r\nsuch other manner, if any, as the Judge, subject to any rules made by the High \r\nCourt in this behalf, thinks fit,  \r\n \r\n and upon the day fixed, or as soon thereafter as may be practicable, shall proceed to decide in \r\na summary manner the right to the certificate.  \r\n \r\n (2) When the Judge decides the right thereto to belong to the applicant, the Judge shall make \r\nan order for the grant of the certificate to him. \r\n  \r\n (3) If the Judge cannot decide the right to the certificate without determining questions of law \r\nor fact which seem to be too intricate and difficult for determination in a summary proceeding, he  \r\nmay nevertheless grant a certificate to the applicant if he appears to be the person having prima facie \r\nthe best title thereto. \r\n \r\n (4) When there are more applic ants than one for a certificate, and it appears to the Judge \r\nthat more than one of such applicants are interested in the estate of the deceased, the Judge \r\nmay, in deciding to whom the certificate is to be granted, have  regard to the extent of interest and \r\nthe fitness in other respects of the applicants.  \r\n  \r\n 374. Contents of certificate.  When the District Judge grants a certificate, he shall therein \r\nspecify the debts and securities set forth in the application for the certificate, and may thereby \r\nempower the person to whom the certificate is granted___  \r\n \r\n(a) to receive interest or dividends on, or  \r\n \r\n(b) to negotiate or transfer, or  \r\n \r\n(c) both to receive interest or dividends on, and to negotiate or transfer, the \r\nsecurities or any of them.  \r\n \r\n 375. Requisition of security from grantee of certificate. ___(1) The District Judge shall in \r\nany case in which he proposes to proceed  under sub- section (3) or sub -section (4) of section 373, \r\nand may, in any other case, require, as a condition precedent to the granting of a  certificate, that the \r\nperson to whom he proposes to make the grant shall give to the Judge a bond with one or more surety \r\nor sureties, or other sufficient security, for rendering an account of debts and securities received by \r\nhim and for indemnity of pers ons who may be entitled to the whole or any part of those debts and \r\nsecurities.  \r\n \r\n (2) The Judge may, on application made by petition and on cause shown to his satisfaction \r\nand upon such terms as to security or providing that the money received be paid int o Court, or \r\notherwise, as he thinks fit, assign the bond or other security to some proper person, and that person \r\nshall thereupon be entitled to sue thereon in his own name as if it had been originally given to him \r\n \r\nPage 124 of 133 \r\n \r\ninstead of to the Judge of the Court, and  to recover, as trustee for all persons interested, such amount \r\nas may be recoverable thereunder.  \r\n 376. Extension of certificate.___(1) A District Judge may, on the application of the holder of \r\na certificate under this Part, extend the certificate to any debt or security not originally specified \r\ntherein, and every such extension shall have the same effect as if the debt or security to which the \r\ncertificate is extended had been originally specified therein.  \r\n \r\n (2) Upon the extension of a certificate, powers  with respect to the receiving of interest or \r\ndividends on, or the negotiation or transfer of, any security to which the certificate has been extended \r\nmay be conferred, and a bond or further bond or other security for the purposes mentioned in section \r\n375 may be required, in the same manner as upon the original grant of a certificate.  \r\n \r\n 377. Forms of certificate and extended certificate.  Certificates shall be granted and \r\nextensions of certificates shall be made, as nearly as circumstances admit, in the for ms set forth in \r\nSchedule VIII. \r\n  \r\n 378. Amendment of certificate in respect of powers as to securities.  Where a District \r\nJudge has not conferred on the holder of a certificate any power with respect to a security specified \r\nin the certificate, or has only em powered him to receive interest or dividends on, or to negotiate or \r\ntransfer, the security, the Judge may, on application made by petition and on cause shown to his \r\nsatisfaction, amend the certificate by conferring any of the powers mentioned in section 37 4 or by \r\nsubstituting any one for any other of those powers. \r\n \r\n 379. Mode of collecting Court -fees on certificates. ___(1) Every application for a certificate \r\nor for the extension of a certificate shall be accompanied by a deposit of a sum equal to the fee \r\npayable under the Court -fees Act, 1870 , (VII of 1970), in respect of the certificate or extension \r\napplied for.  \r\n \r\n (2) If the application is allowed, the sum deposited by the applicant shall be expended, under \r\nthe direction of the Judge, in the purchase of th e stamp to be used for denoting the fee payable as \r\naforesaid.  \r\n \r\n (3) Any sum received under sub -section (1) and not expended under sub -section (2) shall be \r\nrefunded to the person who deposited it.  \r\n \r\n 380. Local extent of certificate.  A certificate under th is Part shall have effect throughout \r\n1[Pakistan].  \r\n \r\n 2[* *  *  *  *  *  *] \r\n \r\n3[4[It] shall also apply in 5[Pakistan] after the separation of Pakistan from India to certificates granted \r\nbefore the date of the separation, or on or after that date in proceedin gs pending at that date in any of \r\nthe territories which on that date were compromised in India.]  \r\n \r\n \r\n1 Subs., by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2 nd Sch. ( with effect from the 14 th October, 1955), for “the \r\nProvinces of Pakistan” which had been subs. by A.O., 1949, for “the whole of British India”. \r\n2 Omitted by the Federal Laws (Revision and Declaration) Ordinance 1981 (27 of 1981), s.3, Sch. II. This paragraph was previous ly amended by \r\nvarious enactments. \r\n3 Added by A.O., 1949. \r\n4 Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch. for “The said proviso”. \r\n5 Subs. by Ordinance 21 of 1960, s. 3 and 2nd Sch. for “the Provinces of Pakistan” (with effect from the 14th October, 1955). \r\n \r\nPage 125 of 133 \r\n \r\n 381. Effect of certificate. Subject to the provisions of this Part, the certificate of the District \r\nJudge shall, with respect to the debts and securities specified therein, be conclusive as against the \r\npersons owing such debts or liable on such securitie s, and shall, notwithstanding any contravention \r\nof section 370, or other defect, afford full indemnity to all such persons as regards all payments \r\nmade, or dealings had, in good faith in respect of such debts or securities to or with the person to \r\nwhom the certificate was granted.  \r\n \r\n 382. Effect of certificate granted or extended by Pakistan representative in Foreign \r\nState. Where a certificate in the form, as nearly as circumstances admit, of Schedule VIII has been \r\ngranted 1[*    * *],  to a resident within  a Foreign State by the 2[Pakistan] representative \r\naccredited to that State, or where a certificate so granted has been extended in such form by 3[ such \r\n4[* *]  representative], the certificate shall, when stamped in accordance with the provisions of the \r\nCourt-fees Act, 1870 (VII of 1870), with respect to certificates under this Part, have the same effect \r\nin 5[Pakistan] as a certificate granted or extended under this Part. \r\n \r\n 383. Revocation of certificate.  A certificate granted under this Part may be revoke d for any \r\nof the following causes, namely:___  \r\n \r\n(a) that the proceedings to obtain the certificate were defective in substance;  \r\n \r\n(b) that the certificate was obtained fraudulently by the making of a false \r\nsuggestion, or by the concealment from the Court o f something material to the \r\ncase;  \r\n \r\n(c) that the certificate was obtained by means of an untrue allegation of a fact \r\nessential in point of law to justify the grant thereof, though such allegation was \r\nmade in ignorance or inadvertently;  \r\n \r\n(d) that the certificate has become useless and inoperative through circumstances;  \r\n \r\n(e) that a decree or order made by a competent Court in a suit or other proceeding \r\nwith respect to effects comprising debts or securities specified in the \r\ncertificate renders it proper that the certificate should be revoked.  \r\n \r\n 384. Appeal.___(1) Subject to the other provisions of this Part, an appeal shall lie to the High \r\nCourt from an order of a District Judge granting, refusing or revoking a certificate under this Part, \r\nand the High Court  may, if it thinks fit, by its order on the appeal, declare the person to whom the \r\ncertificate should be granted and direct the District Judge, on application being made therefor, to \r\ngrant it accordingly, in supersession of the certificate, if any, already granted. \r\n  \r\n (2) An appeal under sub -section (1) must be preferred within the time allowed for an appeal \r\nunder the Code of Civil Procedure, 1908 (V of 1908). \r\n \r\n \r\n1Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 198 1), s. 3 and Sch., II, which was previously ins. by \r\nA.O., 1949. \r\n2Subs. ibid., for “British”. \r\n3Subs. ibid., for “such representative”. \r\n4The words “Judge or” omitted by Ord. 27 of 1981. s. 3 and Sch., II. \r\n5Subs. by the Central Laws (Statute Reform) Ordinance , 1960 (21 of 1960), s. 3 and 2 nd Sch. ( with effect from the 14 th October, 1955 ), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A. O., 1949, for “British India”. \r\n \r\n \r\nPage 126 of 133 \r\n \r\n (3) Subject to the provisions of sub -section (1) and to the provisions as to reference to and \r\nrevision by the High Court and as to review of judgment of the Code of Civil Procedure , (V of \r\n1908), 1908 ,as applied by section 141 of that Code, an order of a District Judge under this Part shall \r\nbe final.  \r\n \r\n 385. Effect  on certificate of previous certificate, probate or letters of administration.  \r\nSave as provided by this Act, a certificate granted thereunder in respect of any of the effects of a \r\ndeceased person shall be invalid if there has been a previous grant of such a certificate or of probate \r\nor letters of administration in respect of the estate of the deceased person and if such previous grant \r\nis in force.  \r\n \r\n 386. Validation of certain payments made in good faith to holder of invalid certificate.  \r\nWhere a certificate  under this Part has been super -seded or is invalid by reason of the certificate \r\nhaving been revoked under section 383, or by reason of the grant of a certificate to a person named in \r\nan appellate order under section 384, or by reason of a certificate havi ng been previously granted, or \r\nfor any other cause, all payments made, or dealings had, as regards debts and securities specified in \r\nthe superseded or invalid certificate to or with the holder of that certificate in ignorance of its \r\nsupersession or invalidity, shall be held good against claims under any other certificate. \r\n \r\n 387. Effect of decisions under this Act, and liability of holder of certificate thereunder.  \r\nNo decision under this Part upon any question of right between any parties shall be held to ba r the \r\ntrial of the same question in any suit or in any other proceeding between the same parties, and \r\nnothing in this Part shall be construed to affect the liability of any person who may receive the whole \r\nor any part of any debt or security, or any intere st or dividend on any security to account therefor to \r\nthe person lawfully entitled thereto.  \r\n \r\n 388. Investiture of inferior Courts with jurisdiction of District Court for purposes of \r\nthis Act. ___(1) The 1[Provincial Government] may , by notification in the 2[official Gazette], invest \r\nany Court inferior in grade to a District Judge with power to exercise the functions of a District \r\nJudge under this Part. \r\n  \r\n (2) Any inferior Court so invested shall, within the local limits of its jurisdiction, have \r\nconcurrent jurisdiction with the District Judge in the exercise of all the powers conferred by this Part \r\nupon the District Judge, and the provisions of this Part relating to the District Judge shall apply to \r\nsuch an inferior Court as if it were a District Judge:  \r\n \r\n Provided that an appeal from any such order of an inferior Court as is mentioned in sub -\r\nsection (1) of section 384 shall lie to the District Judge, and not to the High Court, and that the \r\nDistrict Judge may, if he thinks fit, by his order on the appeal, mak e any such declaration and \r\ndirection as that sub - section authorises the High Court to make by its order on an appeal fro m an \r\norder of a District Judge. \r\n \r\n (3) An order of a District Judge on an appeal from an order of an inferior Court under the last \r\nforegoing sub - section shall, subject to the provisions as to reference to and revision by the High \r\nCourt and as to review of judgment of the Code of Civil Procedure, 1908, (V of 1908) , as applied by \r\nsection 141 of that Code, be final.  \r\n \r\n  \r\n \r\n \r\n1 Subs. by A.O., 1937, for “L.G.”. \r\n2 Subs. ibid., for “local official Gazette” \r\n \r\nPage 127 of 133 \r\n \r\n (4) The District Judge may withdraw any proceedings under this Part from an inferior Court, \r\nand may either himself dispose of them or transfer them to another such court established within the \r\nlocal limits of the jurisdiction of the District Judge and having authority to dispose of the \r\nproceedings.  \r\n \r\n (5) A notification under sub-section (1) may specify any inferior Court specially or any class \r\nof such Courts in any local area.  \r\n \r\n (6) Any Civil C ourt which for any of the purposes of any enactment is subordinate to, or \r\nsubject to the control of, a District Judge shall, for the purposes of this section, be deemed to be a \r\nCourt inferior in grade to a District Judge.  \r\n \r\n 389. Surrender of superseded an d invalid certificates. ___(1) When a certificate under this \r\nPart has been superseded or is invalid from any of the causes mentioned in section 386, the holder \r\nthereof shall, on the requisition of the Court which granted it, deliver it up to that Court.  \r\n  \r\n (2) If he wilfully and without reasonable cause omits so to deliver it up, he shall be \r\npunishable with fine which may extend to one thousand rupees, or with imprisonment for a term \r\nwhich may extend to three months or with both.  \r\n \r\n 390. Provisions with res pect to certificates under Bombay Regulation VIII of 1827.  \r\nNotwithstanding anything in 1[Sind Regulation No. VIII of 1827], the provisions of section 370, sub- \r\nsection (2), section 372, sub - section (1), clause (f), and sections 374, 375, 376, 377, 378, 37 9, 381, \r\n383, 384, 387, 388 and 389 with respect to certificates under this Part and applications therefor, and \r\nof section 317 with respect to the exhibition of inventories and accounts by executors and \r\nadministrators, shall, so far as they can be made appl icable, apply, respectively, to certificates \r\ngranted under that Regulation and applications made for certificates thereunder, after the 1st day of \r\nMay, 1889 , and to the exhibition of inventories and accounts by the holders of such certificates so \r\ngranted.  \r\n \r\nPART XI \r\n \r\nMiscellaneous \r\n 391. Saving. Nothing in Part VIII, Part IX or Part X shall― \r\n \r\n(i) validate any testamentary disposition which would otherwise have been \r\ninvalid ;  \r\n \r\n(ii) invalidate any such disposition which would otherwise have been valid ;  \r\n \r\n(iii) deprive any person of any right of maintenance to which he would otherwise \r\nhave been entitled ; or  \r\n \r\n(iv) affect the Administrator General’s Act, 1913 (III of 1913).  \r\n \r\n 392. [Repeals.] Rep. by the Repealing Act, 1927 (XII of 1927 ), s. 2 and Sch. \r\n \r\n \r\n \r\n \r\n \r\n1 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Sch., II, for “Bombay Regulation No. VIII of 1827”.\r\n \r\nPage 128 of 133 \r\n \r\nSCHEDULE I \r\n \r\n(See section 28) \r\n  \r\nTABLE OF CONSANGUINITY \r\n \r\n   \r\n4 \r\n \r\n \r\n \r\n3               5 \r\n \r\n \r\n \r\n2   4 \r\n  \r\n     \r\n1   3               5 \r\n  \r\n 6 \r\n 4 \r\n        2 4 6 \r\n  \r\n \r\n  \r\n1 3 5 \r\n \r\n \r\n2 \r\nGreat \r\nGrand-\r\nFather’s \r\nFather \r\nGreat Great \r\nUncle \r\nGreat \r\nGrandfather\r\n  \r\nGreat \r\nUncle \r\nGreat \r\nUncle’s son \r\nSecond \r\nCousin \r\nGrand \r\nFather \r\nUncle \r\nCousin \r\ngerman \r\nSon of the \r\nCousin \r\ngernman  \r\nGrandson \r\nof the \r\nCousin \r\ngerman \r\nFather \r\nBrother \r\nNephew \r\nSon of the \r\nNephew or \r\nBrother’s \r\nGrandson. \r\nThe Person \r\nwhose \r\nrelatives are \r\nto be \r\nreckoned \r\nSon \r\nGrandson. \r\nGreat \r\nGrandson. \r\n \r\nPage 129 of 133 \r\n \r\n  1[SCHEDULE II \r\n \r\nPART I \r\n \r\n(See section 54) \r\n  \r\n  (1) Father and mother. \r\n  \r\n  (2) Brothers and sisters (other than uterine brothers and sisters) and lineal descendants of \r\nsuch of them as have predeceased the intestate. \r\n \r\n  (3) Paternal grandfather and paternal grandmother. \r\n \r\n  (4) Children of the paternal grandfather and the lineal descendants of such of them as have \r\npredeceased the intestate. \r\n \r\n (5) Paternal grandfather’s father and mother. \r\n \r\n  (6) Paternal grandfather’s father’s children and the lineal descendants of such of them as have \r\npredeceased the intestate. \r\n____ \r\n \r\nPART II \r\n \r\n(See section 55) \r\n  (1) Father and mother. \r\n \r\n  (2) Brothers and sisters (other than uterine brothers and  sisters) and lineal descendants of \r\nsuch of them as shall have predeceased the intestate. \r\n \r\n  (3) Paternal grandfather and paternal grandmother. \r\n \r\n  (4) Children of the paternal grandfather and the lineal descendants of such of them as have \r\npredeceased the intestate. \r\n \r\n (5) Paternal grandfather’s father and mother. \r\n \r\n  (6) Paternal grandfather’s father’s children and the lineal descendants of such of them as have \r\npredeceased the intestate. \r\n \r\n  (7) Uterine brothers and sisters and the lineal descendants of such of them as have predeceased the \r\nintestate. \r\n \r\n  (8) Maternal grandfather and maternal grandmother. \r\n \r\n  (9) Children of the maternal grandfather and the lineal descendants of such of them as have predeceased \r\nthe intestate. \r\n \r\n (10) Widows of brothers or half-brothers. \r\n \r\n (11) Paternal grandfather’s son’s widow. \r\n \r\n (12) Maternal grandfather’s son’s widow. \r\n \r\n1 Subs. by the Indian Succession (Amdt.) Act, 1939 (17 of 1939), s. 3, for the original Schedule II. \r\n \r\nPage 130 of 133 \r\n \r\n (13) Widowers of deceased lineal descendants of the intes tate who have not married again \r\nbefore the death of the intestate. \r\n \r\n (14) Maternal grandfather’s father and mother.  \r\n \r\n (15) Children of the maternal grandfather ’s father and lineal descendants of such of them as \r\nhave predeceased the intestate. \r\n \r\n (16) Children of the paternal grandmother and the lineal descendants of such of them as have \r\npredeceased the intestate. \r\n \r\n  (17) Paternal grandmother’s father and mother. \r\n \r\n (18) Children of the paternal grandmother’s father and the lineal descendants of such of them \r\nas have predeceased the intestate.] \r\n \r\n_________ \r\n \r\nSCHEDULE III \r\n \r\n(See section 57) \r\n \r\nPROVISIONS OF PART VI APPLICABLE TO CERTAIN \r\nWILLS AND CODICILS DESCRIBED IN SECTION 57. \r\n \r\n Sections 59, 61, 62, 63, 64, 68, 70, 71, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84,  85, 86, \r\n87, 88, 89, 90, 95, 96, 98, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, \r\n116, 1[117,] 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, \r\n136, 137, 138, 139, 140, 141, 142, 143, 144, 1 45, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, \r\n156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, \r\n176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, and 190. \r\n \r\nRestrictions and modifications in application of foregoing sections. \r\n \r\n 1. Nothing therein contained shall authorise a testator to bequeath property which he could \r\nnot have alienated inter vivos, or to deprive any persons of any right of maintenance of which, but for \r\nthe application of these sections, he could not deprive them by will. \r\n \r\n  2. Nothing therein contained shall authorise any Hindu, Buddhist, Sikh or Jaina, to create in \r\nproperty any interest which he could not have created before the first day of September, 1870. \r\n \r\n  3. Nothing therein contained shall affect any law of adoption or intestate succession. \r\n \r\n  4. In applying section 70 the words “than by marriage or” shall be omitted. \r\n \r\n  5. In applying any of the following sections, namely, sections seventy -five, seventy-six, one \r\nhundred and five, one hundred and nine, one hundred and eleven, one hundred and twelve, one \r\nhundred and thirteen, one hundred and fourteen, one hundred and fifteen, and one hundred  and \r\nsixteen to such wills and codicils the words “son,” “sons,” “child,” and “children” shall be deemed to \r\ninclude an adopted child; and the word “grand-children” shall be deemed to include the children, \r\nwhether adopted or natural -born, of a child whether adopted or natural born ; and the expression \r\n\"daughter-in-law\" shall be deemed to include the wife of an adopted son. \r\n \r\n1 Ins. by Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 14. \r\n \r\n \r\nPage 131 of 133 \r\n \r\nSCHEDULE IV \r\n \r\n[See section 274 (2)] \r\n \r\nFORM OF CERTIFICATE \r\n \r\n  I, A. B., Registrar (or as the case may be) of the High Court  of Judicature at (or as the case \r\nmay be) hereby certify that on the   day of   the High Court of Judicature at  \r\n  (or as the case may be) granted probate of the will (or letters of administration o f the \r\nestate) of C. D., late of , deceased, to E. F.  of and G. H. of  , and that such \r\nprobate (or letters) has (or have) effect over all the property of the deceased throughout 1[Pakistan]. \r\n_____ \r\n \r\nSCHEDULE V \r\n \r\n[See section 284 (4)] \r\n \r\nFORM OF CAVEAT \r\n \r\n Let nothing be done in the matter of the estate of A. B., late of  , deceased, who died on \r\nthe   day of    at    without notice to C. D. of       . \r\n____ \r\nSCHEDULE VI \r\n \r\n(See section 289) \r\n \r\nFORM OF PROBATE \r\n \r\n I,   , Judge of the District of   [or Delegate appointed for granting probate \r\nor letters of administration in ( here i nsert the limits of the Delegate ’s jurisdiction )], hereby \r\nmake known that on the     day of   in the year  , the last \r\nwill of  , late of, a copy whereof is hereunto annexed, was proved and registered before me, \r\nand that administration of the property and c redits of the said deceased, and in any way con cerning \r\nhis will was granted to the executor in the said will named, he having undertaken to administer the \r\nsame, and to make a full and true inventory of the said property and credits and exhibit the same in \r\nthis Court within six months from the date of this grant or within such further time as the Court may, \r\nfrom time to time, appoint, and also to render to this Court a true account of the said  property and \r\ncredits within one year from the same date, or with in such further time as the Court may, from time \r\nto time, appoint. \r\n \r\nSCHEDULE VII \r\n \r\n(See section 290) \r\n \r\nFORM OF LETTERS OF ADMINISTRATION \r\nI,   , Judge of the District of   [or Delegate appointed for granting probate or \r\nletters of administration in (here insert the limits of the Delegate ’s jurisdiction), hereby make known \r\nthat on the     day of   letters of administration (with or without the \r\nwill annexed, as the case may be), of the property and credits of   late of    , \r\ndeceased, were granted to  , the father  (or as the case may be) of the deceased, he having \r\nundertaken to administer the same and to make a full and true inventory of the said property and \r\ncredits and exhibit the same in this Court within six months from the date of this grant or within such \r\nfurther time as the Court may, from time to time, appoint, and also to render to this Court a true \r\naccount of the said property and credits within one year from the same date, or within such further \r\ntime as the Court may, from time to time, appoint. \r\n \r\n1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. ( with effect from the 14 th October, 1955 ) for “the \r\nProvinces of Pakistan “which had been subs. by A. O., 1949, for “the whole of British India”. \r\n \r\nPage 132 of 133 \r\n \r\n____ \r\n \r\nSCHEDULE VIII \r\n \r\n(See section 377) \r\n \r\nFORMS OF CERTIFICATE AND EXTENDED CERTIFICATE \r\n \r\n In the Court of \r\n \r\n To A.B. \r\n \r\n  Whereas you applied on the        day of  for \r\na certificate under Part X of the Succession Act, 1925 in respect of the following debts and \r\nsecurities, namely:― \r\n \r\nDebts \r\n \r\nSerial No. 1Number of debtor. \r\nAmount of debt, including \r\ninterest, on date of application \r\nfor certificate. \r\nDescription and date \r\nof instrument, if any, \r\nby which the debt is \r\nsecured. \r\n    \r\n  \r\n  \r\n  \r\n   \r\n \r\nSecurities \r\n                                  DESCRIPTION   \r\nSerial No. \r\nDistinguishing \r\nnumber or letter of \r\nsecurity. \r\nName, title or \r\nclass of \r\nsecurity. \r\nAmount or par \r\nvalue of \r\nsecurity. \r\nMarket-value of \r\nsecurity on date \r\nof application \r\nfor certificate. \r\n          \r\n  \r\n  \r\n  \r\n  \r\n  \r\n  \r\n \r\n This certificate is accordingly granted to you and empowers you to collect those debts [ and] \r\n[to receive] [interest] [dividends] [on] [to negotiate] [to transfer] [those securities].  \r\n \r\n Dated this   day of         District Judge. \r\n \r\n \r\n \r\n \r\n1 Sic. Should be “Name”. \r\n \r\n \r\n \r\nPage 133 of 133 \r\n \r\nIn the Court of \r\n \r\n  On the application of A.B. made to me on the   day of  ,I hereby extend this \r\ncertificate to the following debts and securities, namely:― \r\n \r\nDebts \r\n \r\nSerial No. Number of debtor. \r\nAmount of debt, including \r\ninterest, on date of application \r\nfor extension. \r\nDescription and date \r\nof instrument, if any, \r\nby which the debt is \r\nsecured. \r\n    \r\n  \r\n  \r\n  \r\n  \r\n  \r\n    \r\n \r\nSecurities \r\n \r\n                                  DESCRIPTION   \r\nSerial No. \r\nDistinguishing \r\nnumber or letter of \r\nsecurity. \r\nName, title or \r\nclass of \r\nsecurity. \r\nAmount or par \r\nvalue of \r\nsecurity. \r\nMarket-value of \r\nsecurity on date \r\nof application \r\nfor extension. \r\n         \r\n \r\n \r\n This extension empowers A.B. to collect those debts [and] [to receive] [interest] [dividends] [on] [to \r\nnegotiate] [to transfer] [those securities]. \r\n \r\n Dated this      day of \r\n \r\n            District Judge. \r\n \r\n_____ \r\n \r\nSCHEDULE IX. \r\n[ENACTMENTS REPEALED.]  \r\n \r\nRep. by the Repealing Act,1927 (XII of 1927), s. 2 and Sch. \r\n  \r\n \r\n \r\n   \r\n    \r\n13359639   Date: 11-11-2024",
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