Constitution of India
India
Constitution of India
CONTITUENTASSEMBLY 00 of 1950
Published in Gazette 00
executor or administrator, or to the person entitled in case of intestacy. Explanation.—Where a man is invested with power to determine the disposition
jurisdiction. (2) This section shall not apply in the case of the intestacy of a Hindu, Muhammadan, Buddhist, Sikh, Jaina, Indian Christian or Parsi
Part.—
Nothing in this Part shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate
Application of part.—
(1) This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property ... this Part shall constitute the law of India in all cases of intestacy
person who would be entitled to administration in case of intestacy
that is used with the specific
purpose of raising a presumption against
intestacy. Therefore, on an analysis of the
provisions of Section ... page 343).
18. In this case the obvious purpose is to avoid
intestacy in respect of properties referred to
and comprised in the Will. Once
this view there was a postponement of vesting and
a possibility of intestacy, but that cannot be avoided.
The rules of construction of a will ... against a postponement
of vesting and avoidance of intestacy are not absolute and
the court cannot embark on the task of construing a will
with
disposition made by or through devolution of law from, or under the intestacy of the deceased) entitled to any interest in that property, then
section or in section 21 shall apply to any will made or intestacy occurring before the first day of January, 1866, or to intestate
