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1989 Supreme(Mad) 544

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


ORDER

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 prov









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