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1989 Supreme(Mad) 545

ABDUL HADI
In Re : Rt. Rev. Casmir Gnanadickam, Archbishop of Madras, Mylapore – Appellant
Versus
. – Respondent


Appearing Advocates:M. B. Dominique, Advocate.

Judgment :-

This petition is for grant of Succession Certificate in respect of the schedule mentioned bank balances said to have been left by the deceased Fr. Jacob Vettichirayil, a Roman Catholic Christian Priest, who died on 10-6-1987. The petition is filed by Rt. Rev. Casmir Gnanadickam, Archbishop of Madras.

2. It is stated in the petition that since the deceased, prior to his death, had become a Christian priest, his schedule mentioned bank balances will pass, on his death, to his superior, viz., the petitioner herein.

3. But, I think this petition is misconceived. The inheritance law applicable to a person, who dies as a Christian, is contained in Part V of the Succession Act. The first section in the said Part is S.29. S.29(1) says that the said Part shall not apply to Hindus, Muhammadans, Buddhists, Sikhs or Jains. S.29(2) reads as follows:-

"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 India in all cases of intestacy." *

In view of this provision, with reference to Christians, the said Part V alone is applicable. No doubt S.29(2) says "save as provided ....... by any other law for









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