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INDIAN SUCCESSION ACT, 1925
39 of 1925
An Act to consolidate the law applicable to intestate and testamentary succession. Whereas it is expedient to consolidate the law applicable to intestate and testamentary succession; it is hereby enacted as follows :-
PART 01 PRELIMINARY
SECTION 01: SHORT TITLE
This Act may be called the Indian Succession Act, 1925.
SECTION 02: DEFINITIONS
In this Act, unless there is anything repugnant in the subject or context,-
(a) "administrator" means a person appointed by competent authority to administer the estate of a deceased person when there is no executor;
(b) "codicil" means an instrument made in relation to a will, and explaining, altering or adding to its dispositions, and shall be deemed to form part of the will;
(bb) "District Judge" means the Judge of a principal Civil Court of original jurisdiction;
(c) "executor" means a person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided;
(cc) "India" means the territory of India excluding the State of Jammu and Kashmir;
(d) "Indian Christian" means a native of India who is, or in good faith claims to be, of unmixed Asiatic descent and who professes any form of the Christian religion;
(e) "minor" means any person subject to the Indian Majority Act, 1875 (9 of 1875), who has not attained his majority within the meaning of that Act, and any other person who has not completed the age of eighteen years; and "minority" means the status of any such person:
(f) "probate" means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator;
(g) "State" includes any division of India having a Court of the last resort; and
(h) "will" means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.
SECTION 03: POWER OF STATE GOVERNMENT TO EXEMPT ANY RACE, SECT OR TRIBE IN THE STATE FROM OPERATION OF ACT
(1) The State Government may, by notification in the Official Gazette, either retrospectively from the sixteenth day of March, 1865, or prospectively, exempt from the operation of any of the following provisions of this Act, namely, sections 5 to 49,58 to 191,212,213 and 215 to 369, the members of any race, sect or tribe in the State, or of any part of such race, sect or tribe, to whom the State Government considers it impossible or inexpedient to apply such provisions or any of them mentioned in the order.
(2) The State Government may, by a like notification, revoke any such order, but not so that the revocation shall have retrospective effect.
(3) Persons exempted under this section or exempted from the operation of any of the provisions of the Indian Succession Act, 1865(10 of 1865), under section 332 of that Act are in this Act referred to as "exempted persons".
PART 02 OF DOMICILE
SECTION 04: APPLICATION OF PART
This Part shall not apply if the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina.
SECTION 05: LAW REGULATING SUCCESSION TO DECEASED PERSON'S IMMOVABLE AND MOVABLE PROPERTY, RESPECTIVELY
(1) Succession to the immovable property in India of a person deceased shall be regulated by the law of India, wherever such person may have had his domicile at the time of his death.
(2) Succession to the movable property of a person deceased is regulated by the law of the country in which such person had his domicile at the time of his death.
SECTION 06: ONE DOMICILE ONLY AFFECTS SUCCESSION TO MOVABLES
A person can have only one domicile for the purpose of the succession to his movable property.
SECTION 07: DOMICILE OF ORIGIN OF PERSON OF LEGITIMATE BIRTH
The domicile of origin of every person of legitimate birth is in the country in which at the time of his birth his father was domiciled; or, if he is a posthumous child, in the country in which his father was domiciled at the time of the father's death.
SECTION 08: DOMICILE OF ORIGIN OF ILLEGITIMATE CHILD
The domicile of origin of an illegitimate child is in the country in which, at the time of his birth, his mother was domiciled.
SECTION 09: CONTINUANCE OF DOMICILE OF ORIGIN
The domicile of origin prevails until a new domicile has been acquired.
SECTION 10: ACQUISITION OF NEW DOMICILE
A man acquires a new domicile by taking up his fixed habitation in a country which is not that of his domicile of origin.
SECTION 11: SPECIAL MODE OF ACQUIRING DOMICILE IN INDIA
Any person may acquire a domicile in India by making and depositing in some office in India, appointed in this behalf by the State Government, a declaration in writing under his hand of his desire to acquire such domicile; provided that he has been resident in India for one year immediately preceding the time of his making such declaration.
SECTION 12: DOMICILE NOT ACQUIRED BY RESIDENCE AS REPRESENTATIVE OF FOREIGN GOVERNMENT, OR AS PART OF HIS FAMILY
A person who is appointed by the Government of one country to be its ambassador, consul or other representative in another country does not acquire a domicile in the latter country by reason only of residing there in pursuance of his appointment; nor does any other person acquire such domicile by reason only of residing with such first-mentioned person as part of his family, or as a servant.
SECTION 13: CONTINUANCE OF NEW DOMICILE
A new domicile continues until the former domicile has been resumed or another has been acquired.
SECTION 14: MINOR'S DOMICILE
The domicile of a minor follows the domicile of the parent from whom he derived his domicile of origin.
Exception.-The domicile of a minor does not change with that of his parent, if the minor is married, or holds any office or employment in the service of Government, or has set up, with the consent of the parent, in any distinct business.
SECTION 15: DOMICILE ACQUIRED BY WOMAN ON MARRIAGE
By marriage a woman acquires the domicile of her husband, if she had nut the same domicile before.
SECTION 16: WIFE'S DOMICILE DURING MARRIAGE
A wife's domicile during her marriage follows the domicile of her hus- band. Exception.-The wife's domicile no longer follows that of her husband if they are separated by the sentence of a competent Court, or if the husband is undergoing a sentence of transportation.
SECTION 17: MINOR'S ACQUISITION OF NEW DOMICILE
Save as hereinbefore otherwise provided in this Part, a person cannot, during minority, acquire a new domicile.
SECTION 18: LUNATIC'S ACQUISITION OF NEW DOMICILE
An insane person cannot acquire a new domicile in any other way than by his domicile following the domicile of another person.
SECTION 19: SUCCESSION TO MOVABLE PROPERTY IN INDIA IN ABSENCE OF PROOF OF DOMICILE ELSEWHERE
If a person dies leaving movable property in India, in the absence of proof of any domicile elsewhere, succession to the property is regulated by the law of India.
PART 03 MARRIAGE
SECTION 20: INTERESTS AND POWERS NOT ACQUIRED NOR LOST BY MARRIAGE
(1) No person shall, by marriage, acquire any interest in the property of the person whom he or she marries or become incapable of doing any act in respect of his or her own property which he or she could have done if unmarried.
(2) This section-
(a) shall not apply to any marriage contracted before the first day of January, 1866;
(b) shall not apply, and shall be deemed never to have applied, to any marriage, one or both of the parties to which professed at the time of the marriage the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion.
SECTION 21: EFFECT OF MARRIAGE BETWEEN PERSON DOMICILED AND ONE NOT DOMICILED IN INDIA
If a person whose domicile is not in India marries in India a person whose domicile is in India neither party acquires by the marriage any rights in respect of any property of the other party not comprised in a settlement made previous to the marriage, which he or she would not acquire thereby if both were domiciled in India at the time of the marriage.
SECTION 22: SETTLEMENT OF MINOR'S PROPERTY IN CONTEMPLATION OF MARRIAGE
(1) The property of a minor may be settled in contemplation of marriage, provided the settlement is made by the minor with the approbation of the minor's father, or, if the father is dead or absent from India with the approbation of the High Court.
(2) Nothing in this section or in section 21 shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
PART 04 OF CONSANGUINITY
SECTION 23: APPLICATION OF PART
Nothing in this Part shall apply to any will made or intestacy occurring before the first day of January, 1866 or to intestate or testamentary succession to the property of any Hindu, Muhammadan, Buddhist, Sikh, Jaina or Parsi.
SECTION 24: KINDRED OR CONSANGUINITY
Kindred or consanguinity is the connection or relation of persons descended from the same stock or common ancestor.
SECTION 25: LINEAL CONSANGUINITY
(1) Lineal consanguinity is that which subsists between two persons, one of whom is descended in a direct line from the other, as between a man and his father, grandfather and great-grandfather, and so upwards in the direct ascending line; or between a man and his son, grandson, great grandson and so downwards in the direct descending line.
(2) Every generation constitutes a degree, either ascending or descending.
(3) A person's father is related to him in the first degree, and so likewise is his son; his grandfather and grandson in the second degree; his great-grandfather and great-grandson in the third degree, and so on.
SECTION 26: COLLATERAL CONSANGUINITY
(1) Collateral consanguinity is that which subsists between two persons who are descended from the same stock or ancestor, but neither of whom is descended in a direct line from the other.
(2) For the purpose of ascertaining in what degree of kindred any collateral relative stands to a person deceased, it is necessary to reckon upwards from the person deceased to the common stock and then downwards to the collateral relative, a degree being allowed for each person, both ascending and descending.
SECTION 27: PERSONS HELD FOR PURPOSE OF SUCCESSION TO BE SIMILARLY RELATED TO DECEASED
For the purpose of succession, there is no distinction-
(a) between those who are related to a person deceased through his father, and those who are related to him through his mother; or
(b) between those who are related to a person deceased by the full blood, and those who are related to him by the half blood; or
(c) between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive.
SECTION 28: MODE OF COMPUTING OF DEGREES OF KINDRED
Degrees of kindred arc computed in the manner set forth in the table of kindred set out in Schedule 1.
PART 5 INTESTATE SUCCESSION
CHAPTER 1 PRELIMINARY
SECTION 29: APPLICATION OF PART
(1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
(2) Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of India in all cases of intestacy.
SECTION 30: AS TO WHAT PROPERTY DECEASED CONSIDERED TO HAVE DIED INTESTATE
A person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition which is capable of taking effect.
CHAPTER 2 RULES IN CASES OF INTESTATES OTHER
THAN PARSIS
SECTION 31: CHAPTER NOT TO APPLY TO PARSIS
Nothing in this Chapter shall apply to Parsis.
SECTION 32: DEVOLUTION OF SUCH PROPERTY
The property of an intestate devolves upon the wife or husband, or upon those who are of the kindred of the deceased, in the order and according to the rules hereinafter contained in this Chapter.5
[Explanation:-* * * * *]
SECTION 33: WHERE INTESTATE HAS LEFT WIDOW AND LINEAL DESCENDANTS, OR WIDOW AND KINDRED ONLY, OR WIDOW AND NO KINDRED
Where the intestate has left a widow-
(a) if he has also left any lineal descendants, one-third of his property shall belong to his widow, and the remaining two-thirds shall go to his lineal descendants, according to the rules hereinafter contained;
(b) save as provided by section 3 A, if he has left no lineal descendant, but has left persons who are of kindred to him, one-half of his property shall belong to his widow, and the other half shall go to those who are kindred to him, in the order and according to the rules hereinafter contained;
(c) if he has left none who are of kindred to him, the whole of his property shall belong to his widow.
SECTION 33A: SPECIAL PROVISION WHERE INTESTATE HAS LEFT WIDOW AND NO LINEAL DESCENDANTS
(1) Where the intestate has left a widow but no lineal descendants and the net value of his property does not exceed five thousand rupees, the whole of his property shall belong to the widow.
(2) Where the net value of the property exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such property for such sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent per annum until payment.
(3) The provision for the widow made by this section shall be in addition and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand rupees with interest as aforesaid, and such residue shall be distributed in accordance with the provisions of section 33 as if it were the whole of such intestate's property.
(4) The net value of the property shall be ascertained by deducting from the gross value thereof all debts, and all funeral and administration expenses of the intestate, and all other lawful liabilities and charges to which the property shall be subject.
(5) This section shall not apply-
(a) to the property of-
(i) any Indian Christian,
(ii) any child or grandchild of any male person who is or was at the time of his death an Indian Christian, or
(iii) any person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to whose property is, under section 24 of the Special Marriage Act, 1872 (3 of 1872), regulated by the provisions of this Act;
(b) unless the deceased dies intestate in respect of all his property.
SECTION 34: WHERE INTESTATE HAS LEFT NO WIDOW, AND WHERE HE HAS LEFT NO KINDRED
Where the intestate has left no widow, his property shall go to his lineal descendants or to those who are of kindred to him, not being lineal descendants, according to the rules hereinafter contained; and, if he has left none who are of kindred to him, it shall go to the Government.
SECTION 35: RIGHTS OF WIDOWER
A husband surviving his wife has the same rights in respect of her property, if she dies intestate as a widow has in respect of her husband's property, if he dies intestate.
SECTION 36: RULES OF DISTRIBUTION
The rules for the distribution of the intestate's property (after deducting the widow's share, if he has left a widow) amongst his lineal descendants shall be those contained in sections 37 to 40.
SECTION 37: WHERE INTESTATE HAS LEFT CHILD OR CHILDREN ONLY
Where the intestate has left surviving him a child or children, but no more remote lineal descendant through a deceased child, the property shall belong to his surviving child, if there is only one, or shall be equally divided among all his surviving children.
SECTION 38: WHERE INTESTATE HAS LEFT NO CHILD, BUT GRANDCHILD OR GRANDCHILDREN
Where the intestate has not left surviving him any child but has left a grandchild or grandchildren and no more remote descendant through a deceased grandchild, the property shall belong to his surviving grandchild if there is one, or shall be equally divided among all his surviving grandchildren.
SECTION 39: WHERE INTESTATE HAS LEFT ONLY GREAT-GRANDCHILDREN OR REMOTER LINEAL DESCENDANTS
In like manner the property shall go to the surviving lineal descendants who are nearest in degree to the intestate, where they are all in the degree of great-grandchildren to him, or are all in more remote degree.
SECTION 40: WHERE INTESTATE LEAVES LINEAL DESCENDANTS NOT ALL IN SAME DEGREE OF KINDRED TO HIM, AND THOSE THROUGH WHOM THE MORE REMOTE ARE DESCENDED ARE DEAD
(1) If the intestate has left lineal descendants who do not all stand in the same degree of kindred to him, and the persons through whom the more remote are descended from him are dead, the property shall be divided into such a number of equal shares as may correspond with the number of the lineal descendants of the intestate who either stood in the nearest degree of kindred to him at his decease, or, having been of the like degree of kindred to him, died before him, leaving lineal descendants who survived him.
(2) One of such shares shall be allotted to each of the lineal descendants who stood in the nearest degree of kindred to the intestate at his decease; and one of such shares shall be allotted in respect of each of such deceased lineal descendants; and the share allotted in respect of each of such deceased lineal descendants shall belong to his surviving child or children or more remote lineal descendants, as the case may be; such surviving child or children or more remote lineal descendants always taking the share which his or their parent or parents would have been entitled to respectively if such parent or parents had survived the intestate.
SECTION 41: RULES OF DISTRIBUTION WHERE INTESTATE HAS LEFT NO LINEAL DESCENDANTS
Where an intestate has left no lineal descendants, the rules for the distribution of his property (after deducting the widow's share, if he has left a widow) shall be those contained in sections 42 to 48.
SECTION 42: WHERE INTESTATE'S FATHER LIVING
If the intestate's father is living, he shall succeed to the property.
SECTION 43: WHERE INTESTATE'S FATHER DEAD, BUT HIS MOTHER, BROTHERS AND SISTERS LIVING
If the intestate's father is dead, but the intestate's mother is living and there are also brothers or sisters of the intestate living, and there is no child living of any deceased brother or sister, the mother and each living brother or sister shall succeed to the property in equal shares.
SECTION 44: WHERE INTESTATE'S FATHER DEAD AND HIS MOTHER, A BROTHER OR SISTER, AND CHILDREN OF ANY DECEASED BROTHER OR SISTER, LIVING
If the intestate's father is dead but the intestate's mother is living, and if any brother or sister and the child or children of any brother or sister who may have died in the intestate's lifetime are also living, then the mother and each living brother or sister, and the living child or children of each deceased brother or sister, shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death.
SECTION 45: WHERE INTESTATE'S FATHER DEAD AND HIS MOTHER AND CHILDREN OF ANY DECEASED BROTHER OR SISTER LIVING
If the intestate's father is dead, but the intestate's mother is living, and the brothers and sisters are all dead, but all or any of them have left children who survived the intestate, the mother and the child or children of each deceased brother or sister shall be entitled to the property in equal shares, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death.
SECTION 46: WHERE INTESTATE'S FATHER DEAD, BUT HIS MOTHER LIVING AND NO BROTHER, SISTER, NEPHEW OR NIECE
If the intestate's father is dead, but the intestate's mother is living, and there is neither brother, nor sister, nor child of any brother or sister of the intestate, the property shall belong to the mother.
SECTION 47: WHERE INTESTATE HAS LEFT NEITHER LINEAL DESCENDANT, NOR FATHER, NOR MOTHER
Where the intestate has left neither lineal descendant, nor father, nor mother, the property shall be divided equally between his brothers and sisters and the child or children of such of them as may have died before him, such children (if more than one) taking in equal shares only the shares which their respective parents would have taken if living at the intestate's death.
SECTION 48: WHERE INTESTATE HAS LEFT NEITHER LINEAL DESCENDANT, NOR PARENT, NOR BROTHER, NOR SISTER
Where the intestate has left neither lineal descendant, nor parent, nor brother, nor sister, his property shall be divided equally among those of his relatives who are in the nearest degree of kindred to him.
SECTION 49: CHILDREN'S ADVANCEMENTS NOT BROUGHT INTO HOTCHPOT
Where a distributive share in the property of a person who has died intestate is claimed by a child, or any descendant of a child, of such person, no money or other property which the intestate may, during his life, have paid, given or settled to, or for the advancement of, the child by whom or by whose descendant the claim is made shall be taken into account in estimating such distributive share.
CHAPTER 3 SPECIAL RULES FOR PARSI INTESTATES
SECTION 50: GENERAL PRINCIPLES RELATING TO INTESTATE SUCCESSION
For the purpose of intestate succession among Parsis-
(a) there is no distinction between those who were actually born in the lifetime of a person deceased and those who at the date of his death were only conceived in the womb, but who have been subsequently born alive;
(b) a lineal descendant of an intestate who has died in the lifetime of the intestate without leaving a widow or widower or any lineal descendant or a widow2[or widower] of any lineal descendant shall not be taken into account in determining the manner in which the property of which the intestate has died intestate shall be divided; and
(c) where a widow2[or widower] of any relative of an intestate has married again in the lifetime of the intestate,3[such widow or widower] shall not be entitled to receive any share of the property of which the intestate has died intestate, and3[such widow or widower] shall be deemed not to be existing at the intestate's death.
SECTION 51: DIVISION OF INTESTATE'S PROPERTY AMONG WIDOW, WIDOWER, CHILDREN AND PARENTS
(1) Subject to the provisions of sub-section (2), the property of which a Parsi dies intestate shall be divided,-
(a) where such Parsi dies leaving a widow or widower and children, among the widow or widower, and children so that the widow or widower and each child receive equal shares;
(b) where such Parsi dies leaving children, but no widow or widower, among the children in equal shares.
(2) Where a Parsi dies leaving one or both parents in addition to children or widow or widower and children, the property of which such Parsi dies intestate shall be so divided that the parent or each of the parents shall receive a share equal to half the share of each child.]
SECTION 52: REPEALED
SECTION 53: DIVISION OF SHARE OF PREDECEASED CHILD OF INTESTATE LEAVING LINEAL DESCENDANTS
In all cases where a Parsi dies leaving any lineal descendant, if any child of such intestate has died in the lifetime of the intestate, the division of the share of the property of which the intestate has died intestate which such child would have taken if living at the intestate's death shall be in accordance with the following rules, namely:-
(a) If such deceased child was a son, his widow and children shall take shares in accordance with the provisions of this Chapter as if he had died immediately after the intestate's death: Provided that where such deceased son has left a widow or a widow of a lineal descendant but no lineal descendant, the residue of his share after such distribution has been made shall be divided in accordance with the provisions of this Chapter as property of which the intestate has died intestate, and in making the division of such residue the said deceased son of the intestate shall not be taken into account.
(b) If such deceased child was a daughter, her share shall be divided equally among her children. (c) If any child of such deceased child has also died during the lifetime of the intestate, the share which he or she would have taken if living at the intestate's death, shall be divided in like manner in accordance with clause (a) or clause (b) as the case may be.
(d) Where a remoter lineal descendant of the intestate has died during the lifetime of the intestate, the provisions of clause (c) shall apply mutatis mutandis to the division of any share to which he or she would have been entitled if living at the intestate's death by reason of the predecease of all the intestate's lineal descendants directly between him or her and the intestate.
SECTION 54: DIVISION OF PROPERTY WHERE INTESTATE LEAVES NO LINEAL DESCENDANT BUT LEAVES A WIDOW OR WIDOWER OR A WIDOW OR WIDOWER OF ANY LINEAL DESCENDANT
Where a Parsi dies without leaving any lineal descendant but leaving a widow or widower or a widow or widower of a lineal descendant, the property of which the intestate dies intestate shall be divided in accordance with the following rules, namely:-
(a) if the intestate leaves a widow or widower but no widow or widower of a lineal descendant, the widow or widower shall take half the said property;
(b) if the intestate leaves a widow or widower and also a widow or widower of any lineal descendant, his widow or her widower shall receive one-third of the said property and the widow or widower of any lineal descendant shall receive another one-third or if there is more than one such widow or widower of lineal descendants, the last mentioned one-third shall be divided equally among them;
(c) if the intestate leaves no widow or widower, but one widow or widower of a lineal descendant, such widow or widower of the lineal descendant shall receive one-third of the said property or, if the intestate leaves no widow or widower but more than one widow or widower of lineal descendants, two-thirds of the said property shall be divided among such widows or widowers of the lineal descendants in equal shares;
(d) the residue after the division specified in clause (a), or clause (b) or clause (c) has been made shall be distributed among the relatives of the intestate in the order specified in Part I of Schedule II; and the next-of-kin standing first in Part I of that Schedule shall be preferred to those standing second, the second to the third and so on in succession, provided that the property shall be so distributed that each male and female standing in the same degree of propinquity shall receive equal shares;
(e) if there are no relatives entitled to the residue under clause (d), the whole of the residue shall be distributed in proportion to the shares specified among the persons entitled to receive shares under this section.]
SECTION 55: DIVISION OF PROPERTY WHERE INTESTATE LEAVES NEITHER LINEAL DESCENDANTS NOR A WIDOW OR WIDOWER NOR A WIDOW OF ANY LINEAL DESCENDANT
When a Parsi dies leaving neither lineal descendants nor a widow or widower nor a widow 7[or widower] of any lineal descendant, his or her next-of-kin, in the order set forth in Part II of Schedule II, shall be entitled to succeed to the whole of the property of which he or she dies intestate. The next- of kin standing first in Part II of that Schedule shall be preferred to those standing second, the second to the third, and so on in succession, provided that the property shall be so distributed that 8[each male and female standing in the same degree of propinquity shall receive equal shares].
SECTION 56: DIVISION OF PROPERTY WHERE THERE IS NO RELATIVE ENTITLED TO SUCCEED UNDER THE OTHER PROVISIONS OF THIS CHAPTER
Where there is no relative entitled to succeed under the other provisions of this Chapter to the property of which a Parsi has died intestate, the said property shall be divided equally among those of the intestate's relatives who are in the nearest degree of kindred to him.
PART 06: TESTAMENTARY SUCCESSION
CHAPTER 01: INTRODUCTORY
SECTION 57: APPLICATION OF CERTAIN PROVISIONS OF PART TO A CLASS OF WILLS MADE BY HINDUS, ETC
The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply-
(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant- Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and
(b) to all such wills and codicils made outside those territories and limits so far as relates to immovable property situate within those territories or limits; and
(c) to
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