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Report No. 110

8.13. Section 30.-

This takes us to section 30, which provides that a person is deemed to die intestate in respect of all property of which he has not made a testamentary disposition capable of taking effect. The illustrations to the section spell out the significance of various ingredients of the section. The section needs no change.

8.13A. Section 30A-Suggestion considered.-

The Government of Nagaland1, in its comment on the Working Paper of the Law Commission, has stated that the provisions of the proposed legislation will attract the provisions of Article 371A of the Constitution and will not apply automatically to the State of Nagaland. The comment suggests that section 30 should be amended to provide accordingly. We may, in this context, point out that any legislation that may be passed to implement our proposals in this Report will be an amending Act. If the principal Act does not apply to a particular State, the textual amendments will naturally remain inapplicable to that State. Hence there is, in our opinion, no need to amend section 30 for the purpose.

1. Law Commission File No. F. 2(6) 84-LC, S. No. 13 (Government of Nagaland).

The Indian Succession Act, 1925 Back

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