THE MAPPILLA SUCCESSION ACT, 1918
Act No. 1 of 1918
(Received the assent of the Governor on the 3rd May 1918 and that of the Governor-General on the 25th V May 1918; the assent of the Governor-General was first published in the Fort St. George Gazette of the 11th June 1218.)
An Act to amend and define the law of intestate succession among Mappillas governed by the Marumakkattayam or the Aliyasantana Law of Inheritance.
Preamble.
Whereas it is expedient to amend and define the rules of law applicable to intestate succession among Mappillas governed by the Marumakkattayam or the Aliyasantana Law of Inheritance; It is enacted as follows:—
1. Short title.
(1) This Act may be called the Mappilla Succession Act, 1918.
Local extent.
(2) It extends to the whole of the (This expression -was substituted for the expression "Presidency of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969) [State of Tamil Nadu].
Persons to whom this Act is applicable.
(3) It applies to Mappillas domiciled in the (This expression -was substituted for the expression "Presidency of Madras" by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January 1969) [State of Tamil Nadu] who are governed by the Marumakkattayam or the Aliyasantana Law of Inheritance, and also, in respect of immovable property situated within the (This expression was substituted for the expression "Madras Presidency" by ibid) [State of Tamil Nadu], to Mappillas domiciled outside the (These words were substituted for the words "said Presidency" by paragraph 4 of, and the Schedule to, ibid) [said State] who are so governed.
2. Property in respect to which a deceased Mappilla is considered to have died intestate.
A person is considered to die intestate in respect of all property of which he has not made a testamentary disposition capable ox taking effect.
Explanation.— "Property" in this section does not include tarwad property unless the person dying intestate was exclusively entitled to it.
3. Devolution of such property.
Such property shall, notwithstanding any custom to the contrary, devolve upon his heirs in the order and according to the rules of Muhammadan Law. |
