Encyclopedia of Ancient and Modern India
THE UNIFORM CIVIL CODE OF UTTARAKHAND, 2024
त्तराखण्ड असाधारण गजट, 12 मार्च, 2024 ई0 (फाल्गुन 22, 1945 शक सम्वत्)
The Uniform Civil Code, Uttarakhand, 2024, is an act to govern and regulate the laws related to marriage and divorce, succession, live-in relationships, and related matters. The UCC bill was passed by the Legislative Assembly of the State of Uttarakhand, India, on February 7, 2024. On March 12, 2024, the bill was granted assent by the President of The Republic of India.
Members of Scheduled Tribes, as defined under Articles 342 and 366(25) of the Constitution, and persons whose customary rights are protected under Part XXI of the Constitution, are not bound by these Acts.
If an Uttarakhand resident lives outside the state, the personal/family matters covered by these Acts continue to apply to them. (Read also: The Uniform Civil Code: The State of Gujarat – 2026)
ARRANGEMENT OF SECTIONS
Sections
PRELIMINARY
- Short title, commencement and extent.
- Applicability of the Code to Scheduled Tribes.
- Definitions.
PART-1 MARRIAGE AND DIVORCE
CHAPTER-1
CONDITIONS FOR SOLEMNIZING/ CONTRACTING MARRIAGE
- Conditions for marriage.
- Ceremonies for marriage.
- Compulsory registration of marriage solemnized/contracted after the commencement of the Code.
CHAPTER-2
REGISTRATION OF MARRIAGE AND DIVORCE
- Registration of marriage solemnized/contracted before the commencement of the Code.
- Registration of decree of divorce or nullity passed after the commencement of the Code.
- Registration of decree of divorce or nullity passed before the commencement of the Code.
- Period and procedure for registration of marriage under section 6 and section 7.
- Period and procedure for registration of decree of divorce or nullity under section 8 and section 9.
- Appointment of Registrar General, Registrar and Sub-Registrar.
- Action on receipt of memorandum under section 10 or section 11.
- Appeal against rejection of registration.
- Register to be open for public inspection.
- Evidentiary value of certain documents.
- Penalty for neglect or false statement.
- Procedure in case of non-registration.
- Punishment for inaction by Sub-Registrar.
- Non-registration not to invalidate marriage.
CHAPTER-3
RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION
- Restitution of conjugal rights.
- Judicial separation.
CHAPTER-4
NULLITY OF MARRIAGE AND DIVORCE
- Void marriages.
- Voidable marriages.
- Divorce.
- Alternate relief in divorce proceedings.
- Divorce by mutual consent.
- Restriction on petition for divorce within one year of marriage.
- Prohibition on dissolution of marriage.
- Right of a person to remarry where a decree of divorce or nullity
of marriage has been passed. - Legitimacy of children of void and voidable marriages.
- Punishment for contravention of certain provisions.
CHAPTER-5
INCIDENTAL PROCEEDINGS
- Maintenance pendente lite and expenses of proceedings.
- Permanent alimony and maintenance.
- Custody of children.
- Disposal of estate.
CHAPTER – 6
JURISDICTION AND PROCEDURE
- Court to which petition shall be presented.
- Pleadings under this Part.
- Procedure for the proceedings in the Court under this Part.
- Power to transfer petitions in certain cases.
- Special provision relating to trial and disposal of petitions under this Part.
- Documentary evidence.
- Decree in proceedings.
- Relief for respondent in divorce and other proceedings.
- Power to punish and procedure therefor.
CHAPTER-7
SUPPLEMENTAL PROVISIONS
- Appeals from decrees and orders.
- Enforcement of decrees and orders.
- Power to make rules.
PART – 2 SUCCESSION
CHAPTER – 1
INTESTATE SUCCESSION
Order of Preference and Distribution of shares
- General rules of succession.
- Manner of succession.
- Distribution of estate amongst the Class-1 heirs.
- Distribution of estate amongst the Class-2 heirs.
- Distribution of estate amongst the other relatives.
General Provisions
- Computation of degrees.
- Right of child in womb.
- Presumption in cases of simultaneous deaths.
Disqualifications
- Disqualification upon remarriage.
- Murderer disqualified.
- Succession when heir disqualified.
- Disease, defect, etc. not to disqualify.
CHAPTER-2
TESTAMENTARY SUCCESSION
Wills and Codicils
- Person capable of making Wills.
- Will obtained by fraud, coercion or importunity.
- Will may be revoked or altered.
Execution of Wills
- Execution of Wills.
- Incorporation of papers by reference.
Attestation, Revocation, Alteration and Revival of Wills
- Witness not disqualified by interest or by being executor.
- Revocation of Will or codicil.
- Effect of obliteration, interlineation or alteration in unprivileged Will.
- Revival of unprivileged Will.
Construction of Wills
- Wording of Wills.
- Inquiries to determine questions as to object or subject of Will.
- Misnomer or misdescription of object.
- When words may be supplied.
- Rejection of erroneous particulars in description of subject.
- When part of description may not be rejected as erroneous.
- Extrinsic evidence admissible in cases of patent ambiguity.
- Extrinsic evidence inadmissible in case of patent ambiguity or deficiency.
- Meaning or clause to be collected from entire Will.
- When words may be understood in restricted sense, and when in sense wider than usual.
- Which of two possible constructions preferred.
- No part rejected, if it can be reasonably construed.
- Interpretation of words repeated in different parts of Will.
- Testator’s intention to be effectuated as far as possible.
- The last of two inconsistent clauses prevails.
- Will or bequest void for uncertainty.
- Words describing subject refer to estate answering description at testator’s death.
- Power of appointment executed by general bequest.
- Implied gift to objects of power in default of appointment.
- Bequest to “heirs”, etc., of particular person without qualifying terms.
- Bequest to “representatives”, etc., of particular person.
- Bequest without words of limitation.
- Bequest in alternative.
- Effect of words describing a class added to bequest to person.
- Bequest to class of persons under general description only.
- Construction of terms.
- Rules of construction where Will purports to make two bequests to same person.
- Constitution of residuary legatee.
- Estate to which residuary legatee entitled.
- Time of vesting legacy in general terms.
- In what case legacy lapses.
- Legacy does not lapse if one of two joint legatees dies before testator.
- Effect of words showing testator’s intention to give distinct shares.
- When lapsed share goes as undisposed of.
- When bequest to testator’s child or lineal descendant does not lapse on her/his death in testator’s lifetime.
- Bequest to A for benefit of B does not lapse by A’s death.
- Survivorship in case of bequest to described class.
Void Bequests
- Bequest to person by particular description, who is not in existence at testator’s death.
- Bequest to person not in existence at testator’s death subject to prior bequest.
- Rule against perpetuity.
- Bequest to a class some of whom may come under rules in sections 108 and 109.
- Bequest to take effect on failure of prior bequest.
- Effect of direction for accumulation.
Vesting of Legacies
- Date of vesting of legacy when payment or possession postponed.
- Date of vesting when legacy contingent upon specified uncertain event.
- Vesting of interest in bequest to such members of a class as shall have attained particular age.
Onerous Bequests
- Onerous bequests.
- One of two separate and independent bequests to same person may be accepted, and other refused.
Contingent Bequests
- Bequest contingent upon specified uncertain event, no time being mentioned for its occurrence.
- Bequest to such of certain persons as shall be surviving at some period not specified.
Conditional Bequests
- Bequest upon impossible condition.
- Bequest upon illegal or immoral condition.
- Fulfilment of condition precedent to vesting of legacy.
- Bequest to A and on failure of prior bequest to B.
- When second bequest not to take effect on failure of first.
- Bequest over, conditional upon happening or not happening of specified uncertain event.
- Condition must be strictly fulfilled.
- Original bequest not affected by invalidity of second.
- Bequest conditioned that it shall cease to have effect in case a specified uncertain event shall happen, or not happen.
- Such condition must not be invalid under section 114.
- Result of legatee rendering impossible or indefinitely postponing act for which no time specified, and on non-performance of which subject-matter to go over.
- Performance of condition, precedent or subsequent, within
specified time. Further time in case of fraud.
Bequests with Directions as to Application or Enjoyment
- Direction that fund be employed in particular manner following absolute bequest of same to or for benefit of any person.
- Direction that mode of enjoyment of absolute bequest is to be restricted, to secure specified benefit for legatee.
- Bequest of fund for certain purposes, some of which cannot be fulfilled.
Bequests to an Executor
- Legatee named as executor cannot take unless she/he shows intention to act as executor.
Specific Legacies
- Specific legacy defined.
- Bequest of certain sum where stocks, etc., in which invested are described.
- Bequest of stock where testator had, at date of Will, equal or greater amount of stock of same kind.
- Bequest of money where not payable until part of testator’s estate disposed of in certain way.
- When enumerated articles not deemed specifically bequeathed.
- Retention, in form, of specific bequest to several persons in succession.
- Sale and investment of proceeds of estate bequeathed to two or more persons in succession.
- Where deficiency of assets to pay legacies, specific legacy not to abate with general legacies.
Demonstrative Legacies
- Demonstrative legacy defined.
- Order of payment when legacy directed to be paid out of fund the subject of specific legacy.
Ademption of Legacies
- Ademption explained.
- Non-ademption of demonstrative legacy.
- Ademption of specific bequest of right to receive something from third party.
- Ademption pro tanto by testator’s receipt of part of entire thing specifically bequeathed.
- Ademption pro tanto by testator’s receipt of portion of entire fund of which portion has been specifically bequeathed.
- Order of payment where portion of fund specifically bequeathed to one legatee, and legacy charged on same fund to another, and, testator having received portion of that fund, remainder insufficient
to pay both legacies. - Ademption where stock, specifically bequeathed, does not exist at testator’s death.
- Ademption pro tanto where stock, specifically bequeathed, exists in part only at testator’s death.
- Non-ademption of specific bequest of goods described as connected with certain place, by reason of removal.
- When removal of thing bequeathed does not constitute ademption.
- When thing bequeathed is a valuable to be received by testator from third person; and testator herself/himself, or her/his representative, receives it.
- Change by operation of law of subject of specific bequest between date of Will and testator’s death.
- Change of subject without testator’s knowledge.
- Stock specifically bequeathed lent to third party on condition that it be replaced.
- Stock specifically bequeathed sold but replaced, and belonging to testator at her/his death.
Payment of Liabilities in Respect of the Subject of a Bequest
- Non-liability of executor to exonerate specific legatees.
- Completion of testator’s title to things bequeathed to be at cost of her/his estate.
- Exoneration of legatee’s immoveable estate for which land-revenue or rent payable periodically.
- Exoneration of specific legatee’s stock in joint-stock company.
Bequests of Things Described in General Terms
- Bequest of thing described in general terms.
- Bequest of interest or produce of fund.
Bequests of the Interest or Produce of a Fund
Bequests of Annuities
- Annuity created by Will payable for life only unless contrary intention appears by Will.
- Period of vesting where Will directs that annuity be provided out of proceeds of estate, or out of estate generally, or where money bequeathed to be invested in purchase of annuity.
- Abatement of annuity.
- Where gift of annuity and residuary gift, whole annuity to be first satisfied.
Legacies to Creditors and Portioners
- Creditor prima facie entitled to legacy as well as debt.
- Child prima facie entitled to legacy as well as portion.
- No ademption by subsequent provision for legatee.
Election
- Circumstances in which election takes place.
- Devolution of interest relinquished by owner.
- Testator’s belief as to her/his ownership immaterial.
- Bequest for person’s benefit how regarded for purpose of election.
- Person deriving benefit indirectly not put to election.
- Person taking in individual capacity under Will may in other character elect to take in opposition.
- Exception to provisions of last six sections.
- When acceptance of benefit given by Will constitutes election to take under Will.
- Circumstances in which knowledge or waiver is presumed or inferred.
- When testator’s representatives may call upon legatee to elect.
- Postponement of election in case of disability.
Gifts in Contemplation of Death
- Estate transferable by gift made in contemplation of death.
CHAPTER-3
PROTECTION OF ESTATE OF DECEASED
- Person claiming right by succession to estate of deceased may apply for relief against wrongful possession.
- Inquiry made by Judge.
- Procedure.
- Appointment of curator pending determination of proceeding.
- Powers conferrable on curator.
- Prohibition of exercise of certain powers by curators.
- Curator to give security and may receive remuneration.
- Report from Collector where estate includes revenue paying land.
- Institution and defence of suits.
- Allowances to apparent owners pending custody by curator.
- Accounts to be filed by curator.
- Inspection of accounts and right of interested party to keep duplicate.
- Bar to appointment of second curator for same estate.
- Limitation of time for application for curator.
- Bar to enforcement of this Chapter against public settlement or legal directions by deceased.
- Saving of right to bring suit.
- Effect of decision of summary proceeding.
- Appointment of public curators.
CHAPTER-4
REPRESENTATIVE TITLE TO ESTATE OF DECEASED ON SUCCESSION
- Character and estate of executor or administrator as such.
- Proof of representative title a condition precedent to recovery through the courts of debts from debtors of deceased persons.
- Effect on certificate of subsequent probate or letters of administration.
- Grantee of probate or administration alone to sue, etc., until same revoked.
CHAPTER-5
PROBATE, LETTERS OF ADMINISTRATION AND ADMINISTRATION OF ASSETS OF DECEASED
- Application of this Chapter.
Grant of Probate and Letters of Administration
- To whom administration may be granted.
- Effect of letters of administration.
- Acts not validated by administration.
- Probate only to appointed executor.
- Persons to whom probate cannot be granted.
- Grant of probate to several executors simultaneously or at different times.
- Separate probate of codicil discovered after grant of probate.
- Accrual of representation to surviving executor.
- Effect of probate.
- Administration, with copy annexed, of authenticated copy of Will proved abroad.
- Grant of administration where executor has not renounced.
- Form and effect of renunciation of executorship.
- Procedure where executor renounces or fails to accept within time limited.
- Grant of administration to universal or residuary legatees.
- Right to administration of representative of deceased residuary legatee.
- Grant of administration where no executor, nor residuary legatee nor representative of such legatee.
- Citation before grant of administration to legatee other than universal or residuary.
- To whom administration may not be granted.
- Laying of rules before State Legislature.
Limited Grants
Grants Limited in Duration
- Probate of copy or draft of lost Will.
- Probate of contents of lost or destroyed Will.
- Probate of copy where original exists.
- Administration until Will produced.
Grants for the Use and Benefit of Others Having Right
- Administration, with Will annexed, to attorney of absent executor.
- Administration, with Will annexed to attorney of absent person who, if present, would be entitled to administer.
- Administration to attorney of absent person entitled to administer in case of intestacy.
- Administration during minority of sole executor or residuary legatee.
- Administration during minority of several executors or residuary legatee.
- Administration for use and benefit of lunatic or minor.
- Administration pendente lite.
Grants for Special Purposes
- Probate limited to purpose specified in Will.
- Administration, with Will annexed, limited to particular purpose.
- Administration limited to estate in which person has beneficial interest.
- Administration limited to suit.
- Administration limited to purpose of becoming party to suit to be brought against administrator.
- Administration limited to collection and preservation of deceased’s estate.
- Appointment, as administrator, of person other than one who, in ordinary circumstances, would be entitled to administration.
Grants with Exception
- Probate or administration, with Will annexed, subject to exception.
- Administration with exception.
Grants of the Rest
- Probate or administration of rest.
Grant of Effects Unadministered
- Grant of effects unadministered.
- Rules as to grants of effects unadministered.
- Administration when limited grant expired and still some part of estate unadministered.
Alteration and Revocation of Grants
- What errors may be rectified by court.
- Procedure where codicil discovered after grant of administration with Will annexed.
- Revocation or annulment for just cause.
Practice in Granting and Revoking Probates and Letters of Administration
- Jurisdiction of District Judge in granting and revoking probates, etc.
- Power to appoint delegate of District Judge to deal with non-contentious cases.
- District Judge’s powers as to grant of probate and administration.
- District Judge may order person to produce testamentary papers.
- Proceedings of District Judge’s court in relation to probate and administration.
- When and how District Judge to interfere for protection of estate.
- When probate or administration may be granted by District Judge.
- Disposal of application made to Judge of district in which deceased had no fixed abode.
- Probate and letters of administration may be granted by Delegate.
- Conclusiveness of probate or letters of administration.
- Transmission to High Courts of certificate of grants under proviso to section 264.
- Conclusiveness of application for probate or administration if properly made and verified.
- Petition for probate.
- In what cases translation of Will to be annexed to petition.
- Petition for letters of administration.
- Addition to statement in petition, etc., for probate or letters of administration in certain cases.
- Petition for probate, etc., to be signed and verified.
- Verification of petition for probate, by one witness to Will.
- Punishment for false averment in petition or declaration.
- Powers of District Judge.
- Caveats against grant of probate or administration.
- After entry of caveat, no proceeding taken on petition until after notice to caveator.
- District Delegate when not to grant probate or administration.
- Power to transmit statement to District Judge in doubtful cases where no contention.
- Procedure where there is contention, or District Delegate thinks probate or letters of administration should be refused in her/his court.
- Grant of probate to be under seal of court.
- Grant of letters of administration to be under seal of court.
- Administration-bond.
- Assignment of administration-bond.
- Time for grant of probate and administration.
- Filing of original Wills of which probate or administration with Will annexed granted.
- Procedure in contentious cases.
- Surrender of revoked probate or letters of administration.
- Payment to executor or administrator before probate or administration revoked.
- Power to refuse letters of administration.
- Appeals from orders of District Judge.
- Removal of executor or administrator and provision for successor.
- Directions to executor or administrator.
Executors of their Own Wrong
- Executor of her/his own wrong.
- Liability of executor of her/his own wrong.
Powers of an Executor or Administrator
- In respect of causes of action surviving deceased and debts due at death.
- Demands and rights of action of or against deceased survive to and against executor or administrator.
- Power of executor or administrator to dispose of estate.
- General powers of administration.
- Purchase by executor or administrator of deceased’s estate.
- Powers of several executors or administrators exercisable by one.
- Survival of powers on death of one of several executors or administrators.
- Powers of administrator of effects unadministered.
- Powers of administrator during minority.
- Powers of married executrix or administratrix.
Duties of an Executor or Administrator
- As to deceased’s funeral.
- Inventory and account.
- Inventory to include estate in any part of India in certain cases.
- As to estate of, and debts owing to, deceased.
- Expenses to be paid before all debts.
- Expenses to be paid next after such expenses.
- Wages for certain services to be next paid, and then other debts.
- Save as aforesaid, all debts to be paid equally and rateably.
- Application of moveable estate to payment of debts where domicile not in India.
- Debts to be paid before legacies.
- Executor or administrator not bound to pay legacies without indemnity.
- Abatement of general legacies.
- Non-abatement of specific legacy when assets sufficient to pay debts.
- Right under demonstrative legacy when assets sufficient to pay debts and necessary expenses.
- Rateable abatement of specific legacies.
- Legacies treated as general for purpose of abatement.
Assent to a Legacy by Executor or Administrator
- Assent necessary to complete legatee’s title.
- Effect of executor’s assent to specific legacy.
- Conditional assent.
- Assent of executor to her/his own legacy.
- Effect of executor’s assent.
- Executor when to deliver legacies.
Payment and Apportionment of Annuities
- Commencement of annuity when no time fixed by Will.
- When annuity, to be paid quarterly or monthly, first falls due.
- Dates of successive payments when first payment directed to be made within a given time or on day certain: death of annuitant before date of payment.
Investment of Funds to Provide for Legacies
- Investment of sum bequeathed, where legacy, not specific, given for life.
- Investment of general legacy, to be paid at future time: disposal of intermediate interest.
- Procedure when no fund charged with, or appropriated to, annuity.
- Transfer to residuary legatee of contingent bequest.
- Investment of residue bequeathed for life, without direction to invest in particular securities.
- Investment of residue bequeathed for life, with direction to invest in specified securities.
- Time and manner of conversion and investment.
- Procedure where minor entitled to immediate payment or possession of bequest, and no direction to pay to person on her/his behalf.
Produce and Interest of Legacies
- Legatee’s title to produce of specific legacy.
- Residuary legatee’s title to produce of residuary fund.
- Interest when no time fixed for payment of general legacy.
- Interest when time fixed.
- Rate of interest.
- No interest on arrears of annuity within first year after testator’s death.
- Interest on sum to be invested to produce annuity.
Refunding of Legacies
- Refund of legacy paid under court’s orders.
- No refund if paid voluntarily.
- Refund when legacy has become due on performance of condition within further time allowed under section 131.
- When each legatee compellable to refund in proportion.
- Distribution of assets.
- Creditor may call upon legatee to refund.
- When legatee, not satisfied or compelled to refund under section 350, cannot oblige one paid in full to refund.
- When unsatisfied legatee must first proceed against executor, if solvent.
- Limit to refunding of one legatee to another.
- Refunding to be without interest.
- Residue after usual payments to be paid to residuary legatee.
- Transfer of assets from India to executor or administrator in country of domicile for distribution.
Liability of an Executor or Administrator for Devastation
- Liability of executor or administrator for devastation.
- Liability of executor or administrator for neglect to get any part of estate.
CHAPTER-6
SUCCESSION CERTIFICATES
- Court having jurisdiction to grant certificate.
- Application for certificate.
- Procedure on application.
- Contents of certificate.
- Requisition of security from grantee of certificate.
- Extension of certificate.
- Forms of certificate and extended certificate.
- Amendment of certificate in respect of powers as to securities.
- Mode of collecting court-fees on certificates.
- Local extent of certificate.
- Effect of certificate.
- Revocation of certificate.
- Appeal.
- Effect on certificate of previous certificate, probate or
letters of administration. - Validation of certain payments made in good faith to holder of invalid certificate.
- Effect of decisions under this Chapter, and liability of holder of certificate thereunder.
- Investiture of inferior courts with jurisdiction of District Court for purposes of this Chapter.
- Surrender of superseded and invalid certificates.
CHAPTER -7
MISCELLANEOUS
- Saving.
PART-3 LIVE-IN RELATIONSHIP
- Submission of statement by partners to a live-in relationship.
- Children of a live-in relationship.
- When live-in relationships not to be registered.
- Procedure for registration of live-in relationship.
- Registration under this Part only for record.
- Empowerment of Registrar under this Part, and maintenance of registers.
- Submission of statement of termination of live-in relationship.
- Duties of Registrar.
- Notice for registration of live-in relationship.
- Offences and punishment.
- Maintenance.
- Power to make rules.
PART-4 MISCELLANEOUS
- Repeal and Savings
- Power to make rules.
- Power to remove difficulties
SCHEDULES
SCHEDULE-1 – Lists of Prohibited Relationships
SCHEDULE-2 – List of Heirs for Succession
SCHEDULE-3 – Form of Certificate
SCHEDULE-4 – Form of Caveat
SCHEDULE-5 – Form of Probate
SCHEDULE-6 – Form of Caveat
SCHEDULE-7 – Forms of Certificate and Extended Certificate
