The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it. It also refers to property which an intestate leaves behind him to pass to his heirs. The Chapter containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”. The Chapter also deals with heirs who are entitled to succeed and the mode of devolution of property.
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The legislature has abrogated the rule of Hindu law in all matters in respect of which there is an express provision in the Act.
ADVERTISEMENTS:
The Act applies to all property of the deceased Hindu except those mentioned in Section 5 of the Act.
Section 5 runs as follows.
(i) “This Act shall not apply to any property, succession to which is regulated by the Indian Succession Act, 1925 by reasons of the provisions contained in Section 21 of the Special Marriage Act, 1954;
(ii) Any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act;
ADVERTISEMENTS:
(iii) The Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (IX of 1124) dt. 29th June 1949, promulgated by the Maharaja of Cochin.