Section 5 in The Indian Succession Act, 1925
5. Law regulating succession to deceased person’s immovable and movable property, respectively.—
(1) Succession ... succession to the movable property of an Englishman dying domiciles in France, and the succession to the immovable property is regulated by law of India
introduced a definition of 'Marumakkathayam law' in Section 3(h) and modified the law of succession in certain respects in Sections ... which defined the marumakkathayam law as the system of law applicable to persons who, if the Hindu
Succession Act had not been passed would have
caveator that the law by which the Khojas are governed is not, properly speaking, Hindu law, but probably that law modified by their own peculiar ... inheritance by the Hindu law, as Mahommedans proper are by the Mahommedan law, or Hindus by Hindu law."..."Now it is manifest that
general
laws of succession namely Indian Succession Act, Hindu
Succession Act, 1956 , Muslim Personal Law (Shariat) Application
Act, 1937 and other laws ... special law is a law relating to a particular subject while
a local law is a law confined to a particular area or territory
law
relating to companies and certain other associations. It is not in any
sense intended or directed to settled laws of succession or transfer ... examine
the possibility of an existence of a conflict between
the law of succession and the right of the nominee
under Section
Indian Succession Act as well as the Travancore Christian Succession Regulation. The Indian Succession Act, 1925 is "an Act to consolidate the law applicable ... intestate succession as part of the Indian Succession Act as regards intestate succession, the Travancore Christian Succession Act should be regarded as the law relating
with the change in the law of succession, if the succession follows the natural line of succession, the same would not amount to a departure ... contrary to Hindu Law of Succession since following the ordinary course of succession in law and it continued to remain valid until succession was opened
law
relating to companies and certain other associations. It is not in any
sense intended or directed to settled laws of succession or transfer ... examine
the possibility of an existence of a conflict between
the law of succession and the right of the nominee
under Section
law. Beaman J. would apply the Hindu law of joint family property to the extent of holding that the Hindu law of intestate succession would ... succession and inheritance applies, there is hardly any justification for excluding testamentary succession. Succession is either testamentary or intestate. Section 2 of the Indian Succession
Christian can either renounce Hindu Law or impliedly continue to be governed by Hindu Law".
(ii) Law of Succession subsequent to Indian Succession ... law relating to intestate succession among Hindus, leaving testamentary succession outside the purview of Succession Act . Section 2 of Succession Act with
