1941 (4) TMI 19 - Other - Indian Laws

Summary

Issues Involved:
1. Validity of the Hindu Women's Rights to Property Act, 1937, and its Amendment Act, 1938, in regulating succession to agricultural land.
2. Validity of the Acts in regulating devolution by survivorship of property other than agricultural land.
3. Inclusion of the subject of devolution by survivorship of property other than agricultural land in the legislative entries of the Government of India Act, 1935.

Detailed Analysis:

Issue 1: Validity of the Acts in Regulating Succession to Agricultural Land
The Court examined whether the Hindu Women's Rights to Property Act, 1937 (Act 18 of 1937), and its Amendment Act, 1938 (Act 11 of 1938), were validly passed and whether they could regulate succession to agricultural land. The Acts were passed during a transitional period when legislative powers were shifting. The Court concluded that the Acts do not operate to regulate succession to agricultural land in the Governors' Provinces, as the Central Legislature was precluded from dealing with agricultural land after Part III of the Constitution Act came into operation.

Issue 2: Validity of the Acts in Regulating Devolution by Survivorship of Property Other Than Agricultural Land
The Court addressed whether the Acts were ultra vires the Indian Legislature concerning their operation on agricultural land. It concluded that the term "property" in the Acts should be construed as referring only to property other than agricultural land, over which the Legislature had competence. The Acts were thus held valid in regulating devolution by survivorship of property other than agricultural land.

Issue 3: Inclusion of the Subject in Legislative Entries
The Court examined whether the subject of devolution by survivorship of property other than agricultural land was included in any legislative entries of the Government of India Act, 1935. The Court opined that the subject is included in entry No. 7 of List III, the Concurrent List, which covers "wills, intestacy and succession, save as regards agricultural land." The Court noted that the term "succession" includes the devolution of property by survivorship under the Mitakshara law, as it involves the passing of an interest from one person to another.

Conclusion:
1. The Hindu Women's Rights to Property Act, 1937, and the Hindu Women's Rights to Property (Amendment) Act, 1938, do not regulate succession to agricultural land in the Governors' Provinces.
2. The Acts do regulate devolution by survivorship of property other than agricultural land.
3. The subject of devolution by survivorship of property other than agricultural land is included in entry No. 7 of List III, the Concurrent List.

The Court will report these findings to His Excellency the Governor-General accordingly.