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TMI Blog1986 (2) TMI 333X X X X Extracts X X X X X X X X Extracts X X X X ..... id. 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. X X X X Extracts X X X X X X X X Extracts X X X X ..... e- fourth the value of the share of the son or Rs. 5,000 whichever is less and even to this amount she will not be entitled on intestacy, if Streedhanom was provided or promised to her by the intestate or in the life time of the intestate, either by his wife or husband or after the death of such wife or husband, by his or her heirs and on account of such discrimination these rules were unconstitutional and void as being violative of article 14 of the Constitution. On the view we are taking as regards the consequential effect of the extension of the Indian Succession Act, 1925 to the territories of the former State of Travancore by virtue of Part-B States (Laws) Act, 1951, it is not necessary to examine this challenge to the constitutional validity of the rules laid down in the Travancore Christian 376 Succession Act, 1092 and we do not therefore propose to refer to them in detail, as that would be a futile exercise and would unnecessarily burden the judgment. But it is relevant to point out that sec. 30 of the Travancore Christian Succession Act, 1092 specifically excluded the applicability of the rules laid down in secs. 24, 28 and 29 to certain classes of Roman Catholic Christia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the State of Jammu & Kashmir". The effect of sec. 3 read with the Schedule was to extend the provisions of the Indian Succession Act, 1925 to all Part-B States including the State of Travancore-Cochin with effect from 1st April, 1951 which was the appointed date under the Part-B States (Laws) Act, 1951. The question is as to what was the impact of the extension of the Indian Succession Act, 1925 to the territories of the State of Travancore - Cochin on the continuance of the Travancore Christian Succession Act, 1092 in the territories forming part of the erstwhile State of Travancore. Did the introduction of the Indian Succession Act, 1925 have the effect of repealing the Travancore Christian Succession Act, 1092 so that from and after 1st April, 1951, intestate succession to the property of a member of the Indian Christian community in the territories of the former State of Travancore was governed by the Indian Succession Act, 1925 or did the Travancore Christian Succession Act, 1092 continue to govern such intestate succession despite the introduction of the Indian Succession Act, 1925? This question has evoked divergence of judicial opinion, a single Judge of the Madras High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian Succession Act, 1925 saved the provisions of the Travancore Christian Succession Act, 1092 and therefore despite the extension of the Indian Succession Act, 1925 to Part State of Travancore Cochin, the Travancore Christian Succession Act, 1092 continued to apply to Indian Christians in the territories of the erstwhile State of Travancore. m is contention urged on behalf of the respondents is plainly unsustainable and cannot be accepted. The principal infirmity affecting this contention is that it overlooks the repealing provision enacted in sec. 6 of the Part State (Laws) Act, 1951. This section provides that if immediately before the appointed day, that is, 1st April, 1951, there was in force in any Part State any law corresponding to any of the Acts or Ordinances extended to that State, that Law shall, save as otherwise expressly provided in Part State (Laws) Act, 1951 stand repealed. Now the Indian Succession Act, 1925 was extended to Part State of Travancore-Cochin by virtue of sec. 3 of Part State (Laws) Act, 1951 and if therefore, there was in force in part State of Travancore-Cochin any law corresponding to the Indian Succession Act, 1925 immediately prior to 1st April ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... virtue of sec.6 of Part States (Laws) Act, 1951 and it could not be held to have been saved by sec.29 sub-sec. (2) of the Indian Succession Act, 1925. This conclusion reached by the learned Single Jugde was overruled by the Division Bench of the Madras High Court in D. Chelliah v. G. Lalita Bai, A.I.R. 1978 (Mad.) 66, but even this decision of the Division Bench while disagreeing with the conclusion reached by the learned Single Judge accepted the position that the Travancore Christian Succession Act, 1092 was a law corresponding to Part V of the Indian Succession Act, 1925. And if that be so, it is difficult to resist the conclusion that by sec. 6 of Part States (Laws) Act, 1951 the Travancore Christian Succession Act, 1092 stood repealed in its entirety. When sec.6 of Part States (Laws) Act, 1951 provided in clear and unequivocal terms that the Travancore Christian Succession Act, 1092 which was a law force in Part States of Travancore-Cochin corresponding to Chapter II of Part V of the Indian Succession Act, 1925 shall stand repealed, it would be nothing short of subversion of the legislative intent to hold that the Travancore Christian Succession Act, 1092 did not stand repeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the Travancore Christian Succession Act, 1092 so far as Indian Christian in Travancore are concerned. This contention was sought to be supported by reference to the decision of the Travancore- Cochin High Court in Kurian Auggsty v. Devassy Aley, A.I.R. 1957 Travancore Cochin 1. We do not think this contention is at all sustainable. The legislative device of incorporation by reference is a well-known device where the legislature instead of repeating the provisions of a particular statute in another statue incorporates such provision in the latter statute by reference to the earlier statute. It is a legislative device adopted for the sake of convenience in order to avoid verbatim reproduction of the provisions of an earlier statute in a latter statute. But when the legislature intends to adopt this legislative device the language used by it is entirely distinct and different from the one employed in section 29 subsec. (2) of the Indian Succession Act, 1925. The opening part of section 29 sub- sec.(2) is intended to be a qualificatory or excepting provision and not a provision for incorporation by reference. We have no hesitation in rejecting this contention urged on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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