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1986 (2) TMI 333 - SC - Indian LawsWhether after the coming into force of the Part States (Laws) Act 1951, the Travancore Christian Succession Act 1092 continues to govern intestate succession to the property of a member of the Indian Christian Community in the territories originally forming part of the erstwhile state of Travancore or is such intestate succession governed by the Indian Succession Act 1925? Held that:- On the coming into force of Part-B States (Laws) Act, 1951 the Travancore Cochin Succession Act, 1092 stood repealed and Chapter II of Part V of the Indian Succession Act, 1925 became applicable and intestate succession to the property of members of the Indian Christian community in the territories of the erstwhile State of Travancore was thereafter governed by Chapter II of Part V of the Indian Succession Act, 1925. On this view, it becomes unnecessary to consider whether sections 24, 28 and 29 of the Travancore Christian Succession Act, 1092 are unconstitutional and void. We, therefore, allow the writ petitions and declare that intestate succession to the property of Indian Christians in the territories of the former State of Travancore is governed by the provisions contained in Chapter II of Part V of the Indian Succession Act, 1925. Petitions allowed.
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