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Section 30: As to what property deceased considered to have died intestate

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 29 All 391 Sections of Indian Succession Act Section 31

Legal Commentary & Landmark Judgments: Section 30

Section 30 clarifies what property a deceased person is considered to have died intestate, encompassing both total intestacy and partial intestacy.

  • Total Intestacy: Occurs where the deceased left no valid testamentary disposition or where the entire will is declared void or revoked.
  • Partial Intestacy: Occurs where the deceased left a valid will disposing of only a part of his estate, or where specific bequests fail or lapse, leaving the undisposed residue to pass by intestacy.
  • Beneficial Interest Devolution: Any beneficial interest in property that is not effectively disposed of by will devolves upon the statutory heirs under the rules of Part V.
Key Landmark Precedents:
  • Navneet Lal v. Gokul (1976) 1 SCC 630: The Supreme Court held that the law leans against intestacy, but where a will contains no residuary clause and a legacy lapses, the undisposed property devolves under Section 30 as intestate estate.
  • Rameshwar Bakhsh Singh v. Balraj Kuar AIR 1935 PC 187: The Privy Council laid down that undisposed interests revert to the statutory heirs of the testator as on the date of death under partial intestacy rules.
Courtroom Practice & Strategic Litigation Guidance:

When drafting or challenging a will, examine whether a comprehensive residuary clause exists; in the absence of a residuary clause, any lapsed, revoked, or void bequest automatically falls into partial intestacy under Section 30, requiring intestate heir succession certificates.

Section 29 All 391 Sections of Indian Succession Act Section 31