Indian Succession Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1925
Section 29 of Indian Succession Act: Application of Part
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)This Part shall not apply to any intestacy occurring before the first day of January, 1866, or to the property of any Hindu, Muhammadan, Buddhist, Sikh or Jaina.
(2)Save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this Part shall constitute the law of 1[India] in all cases of intestacy.
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.
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.
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.