Intestate succession for Indian Christians in Travancore shifted to the Indian Succession Act after repeal of the local succession law.

The extension of the Indian Succession Act, 1925 to the Travancore-Cochin area under the Part-B States (Laws) Act, 1951 displaced the Travancore Christian Succession Act, 1092 because the local Act operated in the same field as Chapter II of Part V of the 1925 Act and was a corresponding law expressly repealed by section 6 of the 1951 Act. Section 29(2) of the 1925 Act was treated as a saving or qualifying provision, not as incorporation by reference, so it could not preserve the repealed local law. Intestate succession for Indian Christians in the former Travancore area therefore became governed by the Indian Succession Act, 1925.

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Issues: Whether, after the extension of the Indian Succession Act, 1925 to the Travancore-Cochin area by the Part-B States (Laws) Act, 1951, the Travancore Christian Succession Act, 1092 continued to govern intestate succession to the property of Indian Christians in the former State of Travancore.

Analysis: The extension of the Indian Succession Act, 1925 to Part-B States operated through section 3 of the Part-B States (Laws) Act, 1951, while section 6 of that Act expressly repealed any law in force in a Part State corresponding to the Acts extended to it. The Travancore Christian Succession Act, 1092 covered the same field as Chapter II of Part V of the Indian Succession Act, 1925, namely intestate succession among Indian Christians, and was therefore a corresponding law. Section 29(2) of the Indian Succession Act, 1925 was treated as a saving or qualifying provision and not as a device of incorporation by reference. Since the Travancore Christian Succession Act, 1092 was expressly repealed by section 6 of the Part-B States (Laws) Act, 1951, it could not survive by force of section 29(2).

Conclusion: The Travancore Christian Succession Act, 1092 ceased to apply in the former Travancore area, and intestate succession to the property of Indian Christians there became governed by Chapter II of Part V of the Indian Succession Act, 1925.

Ratio Decidendi: Where a later statute expressly extends another enactment to a territory and simultaneously repeals any corresponding local law in force there, the local law stands displaced and cannot be saved by a general saving clause in the extended enactment unless the repealing statute itself expressly preserves it.

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