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What is Overriding effect of Act? What is the meaning Act not to apply to certain properties? Section 4 and 5 of Hindu Succession Act 1956

Overriding effect of Act and Act not to apply to certain properties are defined under section 4 and 5 of Hindu Succession Act 1956. Provisions under these Sections are:

Section 4 of Hindu Succession Act "Overriding effect of Act"

Section 4. (1) Save as otherwise expressly provided in this Act, -
 

 

 

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force Immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

 

Section 5 of Hindu Succession Act "Act not to apply to certain properties"

Section 5. This Act shall not apply to -

(i) any property succession which is regulated by the Indian Succession Act, 1925 (39 of 1925), by reason of the provisions contained in section 21 of the Special Marriage Act, 1954 (43 of 1954);

(ii) any estate which descends to a single heir by the terms of any covenant or agreement entered into by the Ruler of any Indian State with the Government of India or by the terms of any enactment passed before the commencement of this Act;

(iii) the Valiamma Thampuran Kovilagam Estate and the Palace Fund administered by the Palace Administration Board by reason of the powers conferred by Proclamation (IX of 1124), dated 29th June, 1949, promulgated by the Maharaja of Cochin.

 

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