Archbishop of Madras, successor to his property.

Abdul Hadi, J.

1. 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 Indian Succession Act. The first Section in the said Part is Section 29. Section 29(1) says that the said Part shall not apply to Hindus, Muhammadans, Buddhists, Sikhs or Jams. Section 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 Section 29(2) says "save as provided...by any other law for the time being in force...." The expression 'by any other law for the time being in force' appearing therein has been interpreted in the decision reported in Solomon v. Muthiah (1974) 1 M.L.J. 53 only as "any other enactment" and not "any customary or other law" relating to intestate succession. In the said decision, M.M. Ismail, J. as he then was held as follows:

...I am of the opinion that the language of Section 29(2) is incapable of being interpreted as saving the existing custom or law relating to intestate succession and the exclusion of the applicability of Part V can be achieved only by a specific provision in that behalf contained in any other enactment....

(emphasis is mine)

So, unless there is some other statute, enacting a different law of inheritance, applicable to Christian priests like the deceased in this case, only Part V of the Indian Succession Act has to be applied to find out who is the heir to the above said deceased Fr. Jacob. No such different enactment was placed before me. Then, as per Part V of the Indian Succession Act, the petitioner is admittedly not an heir to the deceased priest Therefore, the Succession Certificate prayed for, cannot be granted to the petitioner.

4. However, the learned Counsel for the petitioner relied on the decision reported in Mother Superior, Adoration Convent, Kanjiramatton v. D.E.O. Kottayam and Ors. (1977) 2 L.L.J. 450 (Ker.). There, a Christian nun had nominated the Mother Superior of her school to be the beneficiary to receive her retirement benefits and the question was whether the said nomination was invalid on the ground that the said Mother Superior did not come under the term 'family' in Rule 79 of Part III of Kerala Service Rules. In that context, the Court held that there was no impediment to nominate the said Mother Superior under the relevant Rule, on the ground that, with the taking of the perpetual vow, the person concerned ceased to have any connection with the members of the natural family and so far as the natural family was concerned, she was taken as dead and, therefore, her parents and other members specified in Rule 79 were not taken as blood relations thereafter. It was further held that the legal effect of a person becoming a nun was that she could not thereafter be considered as having a father or mother or other relatives mentioned in Rule 79. The said decision relied on the decisions reported in Sital Das v. Sant Ram and Kondal Row v. Swamulavaru A.I.R. 1918 Mad. 402 both of which dealt with a case of a Hindu becoming a monk or entering into a religious order.

5. But, this decision cannot have application to the present Original Petition, which seeks Succession Certificate under Indian Succession Act, on the natural death of the above said deceas