The SIKKIM SUCCESSION ACT,2008

GOVERNMENT GAZETTE ExtRAORDINARY PUBLISHED BY AUTHORITY Gangtok Monday 281~ July, 2008 No.308 No. 22JLD/P/2008 Date: 24.07.2008 The tollowing Act passed by the Sikkirn .'alive Assembly and having received the assent of the Governor on20lh day ofJune, 2008 ishereby publis forgeneral lnfcrrnatloru- THE SIKKIM SU~ESSION ACT, 2008 NJf22 (Act of 2008) Aii'!ACT toprovide tor law relatinq \0 successlori to movable and immovahle properties of Sikkimese people. Be itenacted by the legislature of Sikkim in the Fifty-ninth Year ofthe Republic of India asfollows:- PRELIMINARY Stiort title, 1. (1) This Act may be called The Sikkim Successlon Act, 2008. extent and (2) \.t extends tothe w, of Sikkim. commencement. (3) Itshalt come into' on such date as the State Government may by Gazette appoint and different dates may beappointed for dilferent provl App!ication 2.The Act shalt apply :il of the Act. a) anypersonwho : SikkimSubject Certificate/Certificateoftdentification(COI): b)descendents ofSi . Subject Certificate holder identified through COI. Note:- Awoman who f married anon- Sikkimese orhas acquired foreign citizenship shall notbeeligible toenloy the rights ofdescendants andheirs held as descer.dants under II" Act. ;!! , ~ ~ , Nole:- Descenderiis include sons ordaughters andtheir lineal descendents andinclude those as specified in Schedule I. Note:- Descendants include sons ordaughters andtheir lineal descendants andinclude those as specified in Schedule t. Definitions. 3. Inthis Act. unless the context otherwise requires.- (a) "Act" means The Sikkim Succession Act, 2008; (b) "administrator" means aperson appointed by competent authority to administer the estate ofadeceased person; , (c) "Government' means State Government of Sikkim; (d) "heir" mean':any person male orfemale who isentitled tosucceed tothe property of an intes "te under this Act: (e) "intestate'! :ans aperson isdeemed todie Intestate in respect of property of which he he has notmade testamentary; disposition capable of taking effect; (f) "minor",.: l'isaperson who (has not attained the age of majority) orhas not complet<t, re age ofeighteen years; (g) "probate"! .anscopy ofawitl certified under the seat ofcourt ofcompetent jurisdictioQ' ith agrant of administration tothe estate of the testator; (h) "Sikkimese':,I'means persons belonging to Bhutia, Lepcha andNepali Community of Sikkimese.:Origin identified through Sikkim Subject Certificate or Certificate of ldentllicatfon: , me~lJf (i) "will" the legal declaration ofthe Intention of atestator with respect tohis i property 'riCh hedesires tobe carried out after his death. . , Act not to 4. (1) The StateGovernment may by notification inthe Official Gaz.etteexempt apply tocertain the applicablllly of this Act to the members of community or tribe or sect orsuch personiclass or other cat~gory etc. as may be specilied ifitisconsidered expedient todoso, community. (2) The State Government may bynotification withdraw or revoke such exemption prospectively. ' PART I Intestate Succession lntestete 5. (1) is deemed to dle Intestate in respect of all property of which he has property. tamentary disposition. (2) ; the intestate has left no widow his property shall go to his lineal :tothose not being lineal descendants according to rules ofsuccession Inafter and ifhe has left none shall go to the next ofdescendants from sister ifunmarried orabandoned by husband. and shall have the same right Inrespect of hiswife's property, Ifshedies ,widow has Inrespect ofher husband's property ifhedies intestate. Devolution of 6. (1) amate Sikkimese who dies after the commencement of this Act having property. at the time ot his death an Interest Inthe property or has aself-acquired property, the prcperty shall devolve to the extent of his Interest by survivorship upon the surviving .rnembors olhls family which includes hiswife, sons and daughters if unmarried inequal proportion: " Prq~lded that if the deceased has left behind him a surviving female relative 'who claim~lnterest in such property Insuch cases the property shall devolve to the extent she,h entitled, ,, ' i' ,2 (2) If lWOOJmore heirs succeed together to the property of an intestate they shalt take property per capita and 8Sinheriting respective shares in equal proportion. (3) The property of an intestate devolves upon the wife or the husband or upon those who are of the kindred of the deceased as per the Schedule. (4) Where an Intestate has left awidow without any lineal descendants. the property shall devolve tothe of the descendents of the brolher of the deceased husband in the manner as in the Schedule. (5) Where a femal or descendant marries a person who does not possess Sikkim Subject Ce elCOt or has acquired forE'!ign citizenship, such female 110irldescendant 1119personal law of her husband and as such shall not e property: (6) ts of a minor die intestate such property shall be looked after by adminis.trator ~, none of the relatives of the deceased within the eligible category of heir comes forward to look after the property. (7) Where a per;son has no son, the property will devolve on the daughter, subject to sUb-~ectio~1(5) of Section 6. (8) An abandoned or divorced woman having the llability to take care of the children and has no 'source of income, shall have the right to. a share in equal proportion along with other heirs to the property of the husband: Provided that where woman has deserted her husband with or without children and has remarried shall forfeit her right to her share inthe husband's property. However, the children shall be eligible to their share of property as per the law. • (9) The properly of an intestate shatl devolve in equal shares among a\l the heirs. Right of child 7. Nolwithstanding anything contained in SUb-section (1) 01Seclion 6, achild who was in womb in the womb at Ihe time at Ihe death of an intestate and who is subsequently born alive shall have the same rigl1t to succeed to Ihe intestate as Ifhe or she had been born before the deal\t'0f the intestate. Preference 8. Heir related to an inti,. tale by ful\ blood shall be preferred to heirs retated by half of heir. blood, if the nature: [elatlonshlp is {he same in olher respect. Disqualification 9. (1) A person, cornmits murder or abets the commission of murder shatl be of heirs. disqualified Irom iri" , lting the property 01the person murdered. (2) If any per~':' is disqualified lrom inheriting any property under this Act, il 5; h shall devolve as if person had died before the intestate . .! Escheet, 10. If an intestate has Igf' no heir 10succeed to his or her property in accordance with the provisions of thiS!Act, such property shall devolve on the Government and the Government shall t~ke the property subject 10all the obligations and liabilities to which an heir wouidhave been subject to. The State Government may, by Notification. make rules for carrying oullhs purposes of Ihis Act. PART II Testamentary succession Testamentary 11. Every person of soU'Mrj mind not being a minor may dispose 01his property by Will. succes sioti. . .','I . Will obtained by A Will or any partol a Will, the making of which has been caused by fraud or fraud etc. 12. coercion or importuhity is void. . 3.~ " Will may be revoked 13. Awill m3Y be revoked or altered by the maker ofitat any time when he is competent oraltered. to dispose olliis property by Will. Execution 14. AWill sh Gexecuted according 10the following rules:- ! !i of Will. (a) \" .,estator shall sign or shall affix his mark to the Will or itshalt be signed bY~' :;me other person in his presence by his direction.. .. (b) Tt1e:signature or the mark of the testator or Ihe signalure of Ihe person signing for him shall be so placed that itshalf appear Ihat ilwas intended to give affect to the Will. (c) Th~ Will shalf be attested by two or more witnesses. ,~ SCHEDULE Heirs In Class I 1. Son, daughter, widow, mother, son of predeceased son, daughter of a predeceased son, widow of apredeceased son. ,Heirs In Class II i. •'sdaughter's son 2. .'sdaughter's daughter 3. 'ghter'sson's son 4. sr'sson's daughter 5. ther's son 6. 7. 8, ~3:,~ier'8tir1.U9htt!1 Class II heirs shall come into piny only in Ihe event of Class Iheir not being available. By Order. R..K PURKAYASTHA (SSJS) LR-cum-Secretary Law Department I File No. 16(82) LD/P/2008 -s.:·~·i (G. '30-8/ Gazette /150 Nos./Dt:- 28.7.2008. ! ,.'; ~~l H: