Jaina Succession Act, 1928

TAMIL NADU ACT 003 OF 1929

05 March, 1929

An Act to amend and define the law of intestate succession among Jainas governed by the Aliyasantana Law of Inheritance

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:

Section 1. Short title

This Act may be called the Jaina Succession Act, 1928.

Section 2. Local extent

It extends to the whole of the 4[State of Tamil Nadu].

Section 3. Jainas to whom the Act is applicable

It applies to Jainas domiciled in the 5[State of Tamil Nadu] who are governed by the Aliyasantana Law of Inheritance and also, in respect of immovable property situated within the 5[State of Tamil Nadu], to Jainas domiciled outside the 6[said State] who are so governed.

Section 4. Definition of Intestate

A person is deemed to the 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.

Section 5. Application of Mitakshara law of Inheritance Jainas

7 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 8[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 8[State of Tamil Nadu].

Section 6. [Omitted]

6. [Omitted] 9[x x x]

1. 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.

2. For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 20th September, 1927 Part IV, pages 88-89.

3. 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

4. This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).

5. This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).

6. 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.

7. 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.

8. 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.

9. This section was omitted fey section 2 of the Tamil Nadu Alisantana Act, 1949 (Tamil Nadu Act IX of 1949).