Central · Act 39 of 1925

Section 5 — Law regulating succession to deceased person’s immoveable and moveable property, respectively.

The Indian Succession Act, 1925

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STATUTORY TEXT
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(1) Succession to the immoveable property in 1[India], of a person deceased shall be regulated by the law of 1[India], 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 1[India], dies in France, leaving moveable property in France, moveable property in England, and property, both moveable and immoveable, in 1[India]. The succession to the whole is regulated by the law of 1[India].

(ii) A, an Englishman, having his domicile in France, dies in 1[India], and leaves property, both moveable and immoveable, in 1[India]. 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 1[India].

Source footnotes

1. Subs. by Act 3 of 1951, s. 3 and the Schedule for "the States".

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Next · Section 6One domicile only affects succession to moveables. →All sections / सभी धाराएँThe Indian Succession Act, 1925 →
More sections of this actSection 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 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.Section 9 · Continuance of domicile of origin.
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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.

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Section 5 — Law regulating succession to deceased person’s immoveable and moveable property, respectively. | The Indian Succession Act, 1925 | NYAYA SIGNAL

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