Section 29: Application of Part

Indian Succession Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925

Legal Commentary & Landmark Judgments: Section 29

Section 29 defines the statutory scope and application of Part V (Intestate Succession), explicitly excluding Hindus, Muslims, Buddhists, Sikhs, and Jains whose inheritances are governed by their respective personal laws.

  • Statutory Exclusion of Major Communities: Part V does not apply to any intestacy of a Hindu, Muslim, Buddhist, Sikh, or Jaina, which are governed by personal succession enactments and customary laws.
  • Universal Residual Application: Governs intestate succession for Indian Christians, Jews, persons marrying under the Special Marriage Act (subject to Section 21A SMA), and all non-exempted citizens.
  • Non-Obstante Savings: Saves all local customary succession laws and matrilineal systems prevailing in designated states unless expressly modified.
Key Landmark Precedents:
  • Clarence Pais v. Union of India (2001) 4 SCC 325: The Supreme Court examined Section 29, holding that the statutory differentiation between religious communities in intestate succession reflects historical personal law demarcation and does not violate Article 14.
  • John Vallamattom v. Union of India (2003) 6 SCC 611: Affirmed that Part V operates as the default secular and Christian code of intestate succession in India.
Courtroom Practice & Strategic Litigation Guidance:

In any suit for partition or succession certificate under Part V, counsel must verify whether the parties married under the Special Marriage Act, 1954; under Section 21 of the SMA, succession is governed by the Indian Succession Act unless both spouses are Hindus/Buddhists/Sikhs/Jains under Section 21A.