JAINA
SUCCESSION ACT, 1928 THE JAINA SUCCESSION ACT, 1928 [Act No. 03 of 1929][1] [5th 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:-- This Act may be called the
Jaina Succession Act, 1928. It extends to the whole of
the Presidency of Madras. It applies to Jainas
domiciled in the Presidency of Madras who are governed by the Aliyasantana Law
of Inheritance and also, in respect of immovable property situated within the
Presidency of Madras, to Jainas domiciled outside the said Presidency who are
so governed. 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. [2]Such
property shall, not withstanding any law or 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 Presidency of Madras.
Such property, on devolution, shall be subject to all the incidents of the
Mitakshara Law of Inheritance as administered in the Presidency of Madras. [3] [Omitted
] [1]
For
Statement of Objects and Reasons, see Fort St, George Gazette, dated 20th September
1927--Part IV pages 88-89. This Act was extended to
the merged State of Pudukkottai by section 3 of, and the First Schedule to, the
Madras Merged States (Laws) Act, 1949 (Madras Act XXXV of 1949). [2] The Hindu
Succession Act, 1956 (Central Act 30 of 1956) over-rides 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. [3] This
section was Omitted by section 2 of the Madras Aliyasantana Act, 1949 (Madras
Act IX of 1949).
Preamble - THE JAINA SUCCESSION ACT, 1928PREAMBLE