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The Indian Succession Act, 1925

Part VI

Testamentary Succession

Chapter I.- Introductory

3[57. Application of certain provisions of Part to a class of wills made by Hindus, etc.-

The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply-

(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant- Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and

(b) to all such wills and codicils made outside those territories and limits so far as relates to immoveable property situate within those territories or limits, 4[and

(c) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):]

Provided that marriage shall not revoke any such will or codicil.]

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1. Sub-section (2) omitted by Act 18 of 1929, s. 3 (w.e.f .1-10-1929) which was earlier inserted by Act 37 of 1926, s. 2 (w.e.f. 9- 9-1926).

3. Sub-section (1) renumbered as section 57 thereof by Act 18 of 1929, s. 3 (w.e.f. 1-10-1929) which was earlier renumbered as sub-section (1) thereof by Act 37 of 1926, s. 2 (w.e.f. 9-9-1926).

4. Added by s. 3, ibid. (w.e.f. 1-10-1929).

58. General application of Part.-

(1) The provisions of this Part shall not apply to testamentary succession to the property of any Muhammadan nor, save as provided by section 57, to testamentary succession to the property of any Hindu, Buddhist, Sikh or Jaina; nor shall they apply to any will made before the first day of January, 1866.

(2) Save as provided in sub-section (1) or by any other law for the time being in force the provisions of this Part shall constitute the law of 2[India] applicable to all cases of testatmentary succession.

2. Subs. by Act 3 of 1951, s. 3 and the Schedule for "the States".









  

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