Christian Law of Succession in India - Indian Succession Act

Indian Succession Act

The Indian Succession Act of 1865 was comprehensively amended and consolidated by the Indian Succession Act of 1925. Neither the Indian Succession Act of 1865, nor the Act of 1925 was to apply to Christians in the whole of India. Section 332 of the Act of 1865 contained a provision which empowered the State Governments to exempt any race, sect or tribe or any part of such race, sect or tribe from the operation of the Act, by way of a notification. A similar provision was enacted under Section 3 of the Indian Succession Act, 1925. In exercise of this power, the Native Christians in the province of Coorg in the erstwhile state of Mysore were exempted from the application of the provisions of the Indian Succession Act. The Khasis and Jaintias in the Khasi Hills and Jaintia Hills in North East India were also exempted. The Mundas and Oraons in the province of Bihar and Orissa are also exempted from the application of the provisions of the Indian Succession Act. By virtue of the provisions of the Goa, Daman and Diu (Administration) Act, 1962, it is the Portuguese Civil Code and not the Indian Succession Act that applies in Goa. In Pondicherry, the French Civil Code still survives as per the provisions of the Treaty of Cession. And the Garos of Meghalaya are also not subject to the provisions of the Indian Succession Act and they follow their customary matrilineal system of inheritance. This protection is granted by the Constitution of India and also by Section 29(2) of the Indian Succession Act, 1925.