THE SUCCESSION ACT, 1925

SECTIONS CONTENTS

PART – 1

PRELIMINARY

1. Short title, extent and application.

2. Definitions.

3. Power of Provincial Government to exempt any race, sect or

tribe in the Province from operation of Act.

PART II

Of Domicile

4. Application of Part.

5. Law regulating succession to deceased persons immoveable

and moveable property, respectively.

6. One domicile only affects succession to moveable.

7. Domicile of origin of person of legitimate birth.

8. Domicile of origin of illegitimate child.

9. Continuance of domicile of origin.

10. Acquisition of new domicile.

11. Special mode of acquiring domicile in Pakistan.

12. Domicile not acquired by residence as representative of

foreign Government, or as part of this family.

13. Continuance of new domicile.

14. Minors domicile.

15. Domicile acquired by woman on marriage.

16. Wife’s domicile during marriage.

17. Minors acquisition of new domicile.

18. Lunatics acquisition of new domicile.

19. Succession to moveable property in Pakistan, in absence of

proof domicile elsewhere.

PART III

Marriage

20. Interests and powers not acquired nor lost by marriage.

21. Effect of marriage between person domiciled and one not

domiciled in Pakistan.

22. Settlement of minors property in contemplation of marriage.

PART IV

Of Consanguinity

23. Application of Part.

24. Kindred or consanguinity.

25. Lineal consanguinity.

26. Collateral consanguinity.

27. Persons held for purpose of succession to be similarly related

to deceased.

28. Mode of computing of degrees of kindred.

PART V

Intestate Succession

CHAPTER I

Preliminary

29. Application of Part.

30. As to what property deceased considered to have died, intestate.

 

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The

Success ion Act, 1925

ACT NO. XXXIX OF 1925

30th September. 1925

An Act to consolidate the law applicable to intestate and testamentary succession Pakistan.

WHEREAS it is expedient to consolidate the law applicable. to intestate and testamentary

succession in Pakistan

It is hereby enacted as follows : —

PART – I

Preliminary

1. Short title, extent and application. This Act may be called the Success ion Act, 1925.

2. Definitions. In this Act, unless there is anything repugnant in the subject or context, —

(a) "administrator" means a person appointed by competent authority to administrator 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 testators appointment, confided ;

(d) "Pakistan Christian" means a citizen of Pakistan 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 "Majority Act, 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) " province " includes any division of Pakistan 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.

3. Power of Provincial Government to exempt any race, sect or tribe in the

Province from operation of Act. — (1) The Provincial 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 Province, or of any part of such race, sect or tribe, to whom the

Provincial Government considers it impossible or inexpedient to apply such provisions or any

of them mentioned in the order.

(2) The Provincial 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, 18652, under section 332 of that Act are in this Act

referred to as "exempted persons". :

PART II

Of Domicile

4. Application of Part. This Part shall not apply if the deceased was a Hindu, Muslim,

Buddhist, Sikh or Jaina.

5. Law regulating succession to deceased persons immoveable and moveable

property, respectively. — (1) Succession to the immoveable property in Pakistan of a

person deceased shall be regulated by the law of Pakistan, wherever such person may have

had his domicile at the time of his death.

(2) Succession to the moveable 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.

Illustrations

(i) A, having his domicile in -Pakistan dies in France, leaving moveable property in France,

moveable property in England, and property, both moveable and immoveable, in Pakistan.

The succession to the whole is regulated by the law of Pakistan.

(ii) A, an Englishman, having his domicile in France, dies in Pakistan, and leaves property,

both moveable and immoveable, in Pakistan. The succession to the moveable property is

regulated by the rules which govern, in France, the succession to the moveable property of

an Englishman dying domiciled in France, and the succession to the immoveable property is

regulated by the law of Pakistan.

Court Decisions

Christian succession—Succession to movable and immovable property of any intestate in

Pakistan is governed under the laws in Pakistan in terms of S. 5 of the Succession Act,

1925—Property in case of Christian succession devolves upon surviving spouses or upon

those who are kindred in ascending or descending order to the intestate. PLD 2003 Kar.

270

Adoption neither under "Islamic Law" nor "Christian Law" creates any kindred relationship

between adopted child and adoptive parent—No legal rights or obligations flow from either

side, thus, none could be claimed or enforced—Succession to estate of intestate Pakistani is

regulated by S. 5 of the Succession Act, 1925. PLD 2003 Kar. 270

Adopted child of Christian parent domiciled in Pakistan—Succession and inheritance rights—

Discussed. PLD 2003 Kar. 270

6. One domicile only affects succession to moveables. A person can have only one

domicile for the purpose of the succession to his moveable property.

7. domicile only affects succession to moveables. 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 fathers death.

Illustration

At the time of the birth of A, his father was domiciled in England. As domicile of origin is in

England, whatever may be the country in which he was born.

8. 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.

9. Continuance of domicile of origin. The domicile of origin prevails until a new domicile

has been acquired.

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.

Explanation. —A man is not to be deemed to have taken up his fixed habitation in Pakistan

merely by reason of his residing therein the civil, military, naval or air force service of

Pakistan or in the exercise of any profession or calling.

Illustrations

(i) A, whose domicile of origin is in England, proceeds to Pakistan, where he settles as a

barrister or a merchant, intending to reside there during the remainder of his life. His

domicile is now in Pakistan.

(ii) A, whose domicile is in England, goes to Austria, and enters the Austrian service,

intending to remain in that service. A has acquired a domicile in Austria.

(iii) A, whose domicile of origin is in France, comes to reside in Pakistan under an

engagement with the Federal Government for a certain number of years. It is his intention

to return to France a the end of that period. He does not acquire a domicile in Pakistan.

(iv) A, whose domicile is in England, goes to reside in iPakistan for the purpose of winding

up the affairs of a partnership which has been dissolved, and with the intention of returning

to England as soon as that purpose is accomplished. He does not by such residence acquire

a domicile in Pakistan, however long the residence may last.

(v) A, having gone to reside in Pakistan in the circumstances mentioned in the last

preceding illustration, afterwards alters his intention, and takes up his fixed habitation in

Pakistan. A has acquired a domicile in Pakistan.

(vi) A, whose domicile is in the French Settlement of Chandernagore, is compelled by

political events to take refuge in Peshawar, and resides in Peshawar for many years in the

hope of such political changes as may enable him to return with safety to Chandernagore.

He does not by such residence acquire a domicile in Pakistan.

(vii) A, having come to 1 Peshawar in the circumstances stated in the last preceding

illustration, continues to reside there after such political changes have occurred as would

enable him to return with safety to Chandernagore, and he intends that his residence in

Peshawar shall be permanent. A has acquired a domicile in Pakistan.

11. Special mode of acquiring domicile in Pakistan. Any person may acquire a domicile

in Pakistan, by making and depositing in some office in Pakistan, appointed in this behalf by

the Provincial Government, a declaration in writing under his hand of his desire to acquire

such domicile ;

Provided that he has been resident in Pakistan for one year immediately preceding the time

of his making such declaration.

12. Domicile not acquired by residence as representative of foreign Government,

or as part of this 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.

13. Continuance of new domicile. A new domicile continues until the former domicile has

been resumed or another has been acquired.

14. Minors 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 the State, or has set up, with

the consent of the parent, in any distinct business.

15. Domicile acquired by woman on marriage. By marriage a woman acquires the

domicile of her husband, if she had not the same domicile before.

16. Wife’s domicile during marriage. A wife’s domicile during her marriage follows the

domicile of her husband.

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.

17. Minors acquisition of new domicile. Save as hereinbefore otherwise provided in this

Part, a person cannot, during minority, acquire a new domicile.

18. Lunatics 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.

19. Succession to moveable property in Pakistan, in absence of proof domicile

elsewhere. If a person dies leaving moveable property in Pakistan, in the absence of proof

of any domicile elsewhere, succession to the property is regulated by the law of Pakistan.

PART III

Marriage

20. Interests and powers not acquired not 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, Muslim, Buddhist,

Sikh or Jaina religion.

21. Effect of marriage between person domiciled and one not domiciled in

Pakistan. If a person whose domicile is not in Pakistan marries in Pakistan, a person whose

domicile is in Pakistan, 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 shall would not acquire thereby if both were domiciled in Pakistan at the time of

the marriage.

22. Settlement of minors 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 minors father, or, if the father is dead or absent from

Pakistan, 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, Muslim, Buddhist, Sikh or Jaina.

PART IV

Of Consanguinity

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, Muslim, Buddhist, Sikh, Jaina or Parsi.

Christian succession—Succession to movable and immovable property of any intestate in

Pakistan is governed under the laws in Pakistan in terms of S. 5 of the Succession Act,

1925—Property in case of Christian succession devolves upon surviving spouses or upon

those who are kindred in ascending or descending order to the intestate. PLD 2003 Kar.

270

24. Kindred or consanguinity. Kindred or consanguinity is the connection or relation of

persons descended from the same stock or common ancestor.

Property in case of Christian succession devolves upon surviving spouses or upon those who

are kindred in ascending or descending order to the intestate. PLD 2003 Kar. 270

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

Ins 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 a sending or descending.

(3) A persons 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.

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.

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.

28. Mode of computing of degrees of kindred. Degrees of kindred are computed in the

manner set forth in the table of kindred set out in Schedule I.

Illustrations

(i) The person whose relatives are to be reckoned, and his cousingerman, or first cousin,

are, as shown in the table, related in the fourth degree ; there being one degree of ascent

to the father and another to the common ancestor, the grandfather ; and from him one of

descent to the uncle, and another to the cousingerman, making in all four degrees.

(ii) A grandson of the brother and a son of the uncle, i.e., a great nephew and a

cousingerman, are in equal degree being each four degrees removed.

(iii) A grandson of a cousingerman is in the same degree as the grandson of a great-uncle,

for they are both in the sixth degree of kindred.

PART V

Intestate Succession

CHAPTER I,

PRELIMINARY

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 Muslim, 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 Pakistan in all cases of intestacy.

Adopted child of Christian parent domiciled in Pakistan—Succession and inheritance rights—

Discussed. PLD 2003 Kar. 270

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.

Illustrations

(i) A has left no will. He has died intestate in respect of the whole of his property.

(ii) A has left a will, whereby he has appointed B his executor ; but the will contains no

other provisions. A has died intestate in respect of the distribution of his property.

(iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in

respect of the distribution of his property.

(iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has

made no other bequest ; and has died leaving the sum of 2,000 rupees and no other

property. C. died before A without having ever had a son. A has died intestate in respect of

the distribution of 1,000 rupees.