ISUA 212 — Right to intestate’s property

Indian Succession Act, 1925

Statutory text

(1) No right to any part of the property of a person who has died intestate can be established in any Court of Justice, unless letters of administration have first been granted by a Court of competent jurisdiction.

(2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, Jaina, [Indian Christian or Parsi]. 213. [Right as executor or legatee when established.] Omitted by the Repealing and Amending Act, 2025 (37 of 2025), s. 3 and Sch. II (w.e.f. 20-12-2025). [ (2) This section shall not apply in the case of wills made by Muhammadans [or Indian Christians], and shall only apply—

(i) in the case of wills made by any Hindu, Buddhist, Sikh or Jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962 (16 of 1962), where such wills are made within the local limits of the [ordinary-original civil jurisdiction] of the High Courts at Calcutta, Madras and Bombay, and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.] Karela.— STATE AMENDMENTS Amendment of section 213.—In sub-section (2) of section 213 of the Indian Succession Act, 1925 (Central Act 39 of 1925), after the word ‘Muhammadans’, the words ‘or Indian Christians’ shall be inserted. [Vide Kerala Act 1 of 1997, sec. 2].

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