PAULINE LUCA Vs. JEROME PASCAL

JUDGEMENT

(1.) THE short question in this appeal is whether the Hindu Succession Act, 1956, which was extended to the State of Pondicherry has to prevail in the matter of succession to the estate of a Christian which is claimed by the heirs who are still Christians.

(2.) THE plaintiff is the son of Pascal Theodore and the defendant is one of his daughters. The plaintiff filed the present suit for a declaration that he is entitled to succeed as the sole heir of Pascal Theodore to the exclusion of his sister and prayed for the necessary reliefs. The defendant, however, on the prima facie assumption that after the induction of the Hindu Succession Act 1956 into the state of Pondicherry, she would also be entitled as one of the class I heirs, resisted the claim. The following issues were framed:

(3.) IT is no doubt true that the Parliament when it passed the Hindu Succession act of 1956 provided for an overriding clause which out of necessity gave the go by to the Customary Law in force immediately before the commencement of this Act and as was adopted by the community of Hindus. s. 4 of the Hindu succession Act states as follows--