(1) If the domicile of the deceased was not in 1[India], the application of his moveable property to the payment of his debts is to be regulated by the law of 1[India].
(2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment into account for the benefit of the other creditors.
(3) This section shall not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person.
Illustrations
A dies, having his domicile in a country where instruments under seal have priority over instruments not under seal leaving moveable property to the value of 5,000 rupees, and immoveable property to the value of 10,000 rupees, debts on instruments under seal to the amount of 10,000 rupees, and debts on instruments not under seal to the same mount. The creditors holding instruments under seal received half of their debts out of the proceeds of the moveable estate. The proceeds of the immoveable estate are to be applied in payment of the debts on instruments not under seal until one-half of such debts have been discharged. This will leave 5,000 rupees which are to be distributed rateably amongst all the creditors without distinction, in proportion to the amount which may remain due to them.
(2) No creditor who has received payment of a part of his debt by virtue of sub-section (1) shall be entitled to share in the proceeds of the immoveable estate of the deceased unless he brings such payment into account for the benefit of the other creditors.
(3) This section shall not apply where the deceased was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person.
Illustrations
A dies, having his domicile in a country where instruments under seal have priority over instruments not under seal leaving moveable property to the value of 5,000 rupees, and immoveable property to the value of 10,000 rupees, debts on instruments under seal to the amount of 10,000 rupees, and debts on instruments not under seal to the same mount. The creditors holding instruments under seal received half of their debts out of the proceeds of the moveable estate. The proceeds of the immoveable estate are to be applied in payment of the debts on instruments not under seal until one-half of such debts have been discharged. This will leave 5,000 rupees which are to be distributed rateably amongst all the creditors without distinction, in proportion to the amount which may remain due to them.
Source footnotes
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for "the States".आगे पढ़ें / Continue reading
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More sections of this act
Section 1 · Short title.Section 2 · Definitions.Section 3 · Power of State Government to exempt any race, sect or tribe in the State from operation of Act.Section 4 · Application of Part.Section 5 · Law regulating succession to deceased person’s immoveable and moveable property, respectively.Section 6 · One domicile only affects succession to moveables.Section 7 · Domicile of origin of person of legitimate birth.Section 8 · Domicile of origin of illegitimate child.India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2026-01-12. Check the linked official text and subsequent notifications when applying a provision.