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Report No. 110

11.2. Section 57.- Section 57 reads as follows:-

"57. The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply-

(a) to all wills and codicils made by any Hindu, Buddhist, Sikh or Jaina, on or after the first day of September, 1870, within the territories which at the said date were subject to the Lieutenant-Governor of Bengal or within the local limits of the ordinary original civil jurisdiction of the High Courts of Judicature at Madras and Bombay; and

(b) to all such wills and codicils made outside those Territories and limits so far as relates to immovable property situated within those territories or limits; and

(c) to all wills and codicils made by any Hindu, Buddhist, Sikh and Jaina on or after the first day of January, 1927, to which those provisions are not applied by clauses (a) and (b):

Provided that marriage shall not revoke any such will or codicil."

It may be noted that in course of time, only clause (c) will retain its importance.

Certain sections of the Act not applicable at present to Hindus etc. may require a second look from the point of view of the need to apply them to Hindus etc. We shall deal with the matter under the relevant sections.

The Indian Succession Act, 1925 Back

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