The Indian Succession Act, 1925
Chapter I.- Preliminary
29. Application of Part.-
(1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
(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 1[India] in all cases of intestacy.
1. Subs. by Act 3 of 1951, s. 3 and the Schedule for "the States".
30. As to what property deceased considered to have died intestate.-
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,
(i) A has left no will. He has died intestate in respect of the whole of his property.
(ii) A has left a will, whereby he has appointed B his executor; but the will contains no other provision. A has died intestate in respect of the distribution of his property.
(iii) A has bequeathed his whole property for an illegal purpose. A has died intestate in respect of the distribution of his property.
(iv) A has bequeathed 1,000 rupees to B and 1,000 rupees to the eldest son of C, and has made no other bequest; and has died leaving the sum of 2,000 rupees and no other property. C died before A without having ever had a son. A has died intestate in respect of the distribution of 1,000 rupees.