Report No. 110

8.2. Section 29-Scope.-

Part V of the Act lays down the rules of succession to the property of a person dying intestate. Section 29, which occurs in Chapter I of this Part, provides that Part V shall constitute "the law of India in all cases of intestacy", except as provided in that section. Chapter 2 of this Part lays down the rules of succession in cases of intestates other than Parsis, and Chapter 3 lays down the rules of succession for Parsi intestates.

The scheme of this Part is simple enough, but the very first section (section 29) has created certain problems. The section reads as follows:-

"29. (1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Mohammedan, Buddhist, Sikh or Jain.

(2) Save as provided in sub-section (1) or any other law for the time being in force, the provisions of this Part shall constitute the law of India in all cases of intestacy."