tamil nadu act 007 of 1928 : Mappilla Wills Act, 1928

Mappilla Wills Act, 1928

TAMIL NADU ACT 007 OF 1928
19 June, 1928

An Act to define the Law relating to Wills by Mappillas.

Whereas it is expedient to define the law relating to testamentary dispositions by Mappillas governed by the Marumakkattayam or the Aliyasantana Law of Inheritance;

And Whereas the previous sanction of the Governor-General has been obtained to the passing of this Act; It is hereby enacted as follows:

Section 1. Short title

This Act may be called the Mappilla Wills Act, 1928.

Section 2. Commencement

(i) It shall come into force on the 1st day of January, 1929.

(ii) Extent. It extends to the whole of the 4[State of Tamil Nadu].

(iii) Persons to whom and properties to which this Act is applicable. It applies to testamentary dispositions by Mappillas governed by the Marumaklattayam or the Aliyasantana Law of Inheritance in respect of property which, but for such testamentary disposition, would devolve in accordance with the provisions of the Mappilla Succession Act, 1918 (5[Tamil Nadu Act I of 1918]).

Section 3. Testamentary dispositions by Mappillas to be governed by this Act and not by 6[Tamil Nadu] Act V of 1898

Testamentary dispositions to which this Act applies shall be governed by the Muhammadan Law relating to wills and not by the Malabar Wills Act, 1898 (6[Tamil Nadu Act V of 1898]).

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 8th November, 1927 Part IV, p. 137. This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merced (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949).

3. Received the assent of the Governor on the 9th May, 1928, and that of the Governor-General on the 30th May, 1928; the assent of the Governor-General was first published in the Fort St. George Gazette of the 19th June, 1928

4. 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.

5. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as an ended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1609, which came into force on the 14th January, 1869.

6. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as an ended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1609, which came into force on the 14th January, 1869.

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