THE JAINA SUCCESSION ACT, 1928
(Received the assent of the Governor on the 14th January 1929, and that of the Governor-General on the 14th February 1929, the assent of the Governor-General was first published in the Fort St. George Gazette of the 5th March 1929.)
Preamble.
Whereas it is expedient to amend and define the law relating to intestate succession among Jainas governed by the Aliyasantana Law of Inheritance and whereas the previous sanction of the Governor-General has been obtained under section 80-A of the Government of India Act; It is enacted as follows: —
1. Short title.
This Act may be called the Jaina Succession Act, 1928.
2. Extent.
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 Local Nadu].
3. Jainas to whom the Act is applicable.
It applies to Jainas 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 Aliyasantana Law of Inheritance and also, in respect of immovable property situated within 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], to Jainas domiciled outside the (These words were substituted for the words "said Presidency" by paragraph 4 of, and the Schedule to, the Tamil Nadu Adaptation of Laws Order, 1970) [said State] who are so governed.
4. Definition of intestate property.
A person is deemed to die intestate in respect of all property, of which he has not made a testamentary disposition which is capable of taking effect:
Explanation.— Property in this section does not include tarwad (kutumba) property, unless the person dying intestate was exclusively entitled to it.
(The Hindu Succession Act, 1956 (Central Act 30 of 1956) overrides any other law in force immediately before the commencement of this Act in so far as that law is inconsistent with any of the provisions of that Act—Vide section 4 (b) of Central Act 30 of 1956)
Such property shall, notwithstanding any law of custom to the contrary, devolve upon his heirs in the order and according to the rules of the Mitakshara Law of Inheritance, under the Hindu Law as administered 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]. Such property, on devolution, shall be subject to all the incidents of the Mitakshara Law of Inheritance as administered 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].
6. [ ].
(These words were substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969) |
