Author: LawFoyer

Author-Himani Choudhary, University Five Year Law College, University of Rajasthan

INTRODUCTION

An act of god is a general defense under the Law of Torts when the act is such a nature over which the defendant has no control and the damage is caused due to the working of natural forces. An act of god is defined as a circumstance where no human foresight can foresee the event and humans have no control over the circumstances. The act must be something that is extraordinary and something that cannot be foreseen and usually does not occur. The act must be of such a nature that even after applying all forces and due care it cannot be prevented. In such a case the defendant can take the defense of an act of god and can save himself from the liability and harm caused to the plaintiff. It is an absolute defense under the law of torts.

MEANING:

An act of god or Vis Major is a defense under the law of torts when the act is caused by the working of natural forces that is extraordinary, uncommon, direct, sudden, and cannot be foreseen by a reasonable man and if foreseen cannot be prevented even after taking all precautions and due care by the defendant. This includes earthquakes, floods, wildfires, etc.  In this case, the defendant can take the defense of an act of god and can prevent himself from the liability arising after proving that he had done everything that a reasonable and a prudent person could do in such a scenario. It is an absolute defense under the law of torts.

DEFINITION:

According to Salmond, an act of god include those acts which a man cannot avoid by taking reasonable care. Such accidents are the result of natural forces and are incoherent with the agency of man. According to Lord Mansfield, an act of god is define as it is something in opposition to the act of man. Vis is a Latin word meaning any kind of force, violence or disturbance to person or property. Vis major is an act of God. The doctrine states that a person is absolved of liability if it was directly caused by vis major.

HISTORICAL BACKGROUND

An act of god is one of the general defense of the law of torts. General defenses are framed from time to time as per the need arises in court of law to prevent the defendant from the tortious liability arises from his act. To get the benefit of these defense defendant had to prove all the essentials required to get the defense. These defences were framed from time to time to keep up with the very basis of imposition of tortious liability on an individual i.e, creating a sense of deterrence while keeping up with the basic values of justice. An act of god is one which has been there since the existence of our planet, earth, we have been facing and witnessing natural calamities since the existence of mankind and this include Earthquakes, floods, tornadoes, wildfire etc. In such occurrences lives are lost, properties are destroyed and significantly damaged when the forces of the nature strike harshly and suddenly.

ELEMENTS OF ACT OF GOD

• NATURAL CAUSES:

An act of God is an uncommon, extraordinary and unforeseen manifestation of the forces of nature, or a misfortune or accident arising from inevitable necessity. An act of god cannot prevent by reasonable human foresight and care. The effect of ordinary causes may be foreseen and avoided by the exercise of human care. For example, the fact that rain will leak through a defective roof is foreseeable by an ordinary man. In case of foreseeable causes, failure to take the necessary precautions constitutes negligence, and the party injured in the accident may be entitled to damages. An act of God, therefore, is so extraordinary and devoid of human agency that reasonable care would not avoid the consequences. Therefore in such cases the injured party has no right to damages.

• AN OCCURRENCE NOT REASONABLY FORESEEABLE

The basic and prime element of an act of god is the happening of an unforeseeable event. For this, if the harm or loss was caused by a foreseeable accident that could have been prevented, the party who suffered the injury has the right to compensation. However, the damage caused by an unforeseen and uncontrollable natural event is not compensable as it could not have been prevented or avoided by the foresight or prudence of man. Moreover, courts are of the opinion that the act of God defense exists only if the event is so exceptional and could not have been anticipated or expected by the long history of climate variations in the locality. It is constructed by only the memory of man i.e. recorded history. The courts may demand expert testimonies to prove that an event was unforeseeable. It is IMPOSSIBLE TO PREVENT BY ANY REASONABLE PRECAUTIONS AND ABSENCE OF HUMAN AGENCY CAUSING THE ALLEGED DAMAGE: It means practically impossible to resist. Negligence constitutes failure to take the necessary precautions. In an incident where a human factor was present, even though the harm could not be prevented, the fact that the human factor exercised reasonable care and precautions to prevent the harm has to be proved if the defence of act of God has to prevail. If negligence is alleged and proved, then the defence of act of God will fail. If an owner was negligent in properly maintaining a tree that fell on a passerby, he cannot be exempted from liability by act of God principle.

CASE LAWS

1. In the case of NICHOLS V. MARSHLAND [1] the defendant has a number of artificial lakes on his land. Extraordinary rain such as had never been witnessed in living memory caused the banks of the lakes to burst and the escaping water carried away four bridges belonging to the plaintiff. It was held that the plaintiff's bridges were swept by an act of God and the defendant was not liable.
2. In the case of BLYTH V. BIRMINGHAM WATER WORKS CO [2] the defendants had constructed water pipes which were reasonably strong enough to withstand severe frost. There was an unprecented severe frost that year causing the pipes to burst resulting in severe damage to the plaintiff's property. It was held that though frost is a natural phenomenon, the occurrence of an unforeseen severe frost can be attributed to an act of God, thus the relieving the defendants of any liability.
3. In the case of RAMALINGA NADAR V. NARAYANA REDDIAR [3] the plaintiff had booked goods with the defendant for transportation. The goods are looted by a mob, the prevention of which was beyond control of defendant. It was held that event beyond control of the defendant cannot be said Act of God. It was held that the destructive acts of an unruly mob cannot be considered an Act of God.

CONCLUSION

Although the act of God defense - that a defendant is insulated from liability for personal injury or property damages caused by a natural cause is rarely used, it may become more common and general in the future if predictions of disastrous weather events caused by global warming prove true. One prediction related to global warming is that catastrophic weather events such as hurricanes, tornados, and torrential rains will occur more often. All of these have the potential to cause extensive personal injury and property damage and consequently mental trauma.

Author-Anurupa Pal, Techno India University, Kolkata

INTRODUCTION

We all know that “litigation” is a process that is both time-consuming and requires monetary effort for the parties involved as a result many people tend to avoid such a process and believe in the out-of-court settlement and thus most of the time justice is not served properly. Hence to bridge the gap between the Judiciary and the citizens of India as well as reduce the burden of cases led to the passing of the Arbitration and Conciliation Act, 1996, with the main aim to consolidate and amend the law relating to domestic arbitration and also to provide for a law relating to conciliation and related matters. It aims to ensure the smooth settlement of domestic and international commercial disputes. Arbitration in simple words means the settlement of an argument or disagreement between two parties, outside the course of the court by a neutral third party known as the arbitrator or more than one person known as “Arbitral Tribunal” or “Arbitration Tribuna”l. The decision made by the same is binding on both the parties. To go to the process of arbitration both parties need to sign a written agreement which can be in the form of an I) Arbitral clause II) A contract or III) in the form of a separate legal agreement known as an “Arbitration Agreement”. Keywords (Minimum 5): Arbitration and Conciliation Act,1996, Arbitration, Binding decision, Composition, Arbitral tribunal, Appointment, Jurisdiction

Meaning, Definition & Explanation

The term ‘Arbitration means the determination or settlement of a dispute by the decision of one or more persons called “Arbitrator” or “Arbitral Tribunal” In the case of ^[1]Amar Chand Vs. Ambika Jute Mills ( 1966) held that arbitration is “Judging of a dispute between parties or group of people by someone not involved in the dispute and whose decision both the parties agree to accept. Here, an Arbitrator is a person to whom the parties submit the matters in dispute and whose functions are more or less judicial thus giving equal justice to all. When the parties in dispute appoint more than one arbitrator, it is called an Arbitral Tribunal. In ^[2]Satyendra Kumar Vs. Hind Construction Ltd. (1852) it was held that where the parties to dispute refer the matter to a person and such person holds a judicial inquiry in deciding that dispute and comes to a judicial decision, such person is called an “arbitrator” An arbitration tribunal, also known as an arbitral tribunal, is a panel of unbiased adjudicators or arbitrators assembled to resolve disputes through the arbitration procedure. These courts, which include one or more arbitrators, play an important role in settling disputes between the parties concerned. Unlike judges in domestic courts, an arbitral tribunal's authority, powers, and obligations are determined by the appropriate legal framework rather than national laws and procedures. Typically, these tribunals have the jurisdiction to rule on substantive disputes, assign expenses, weigh precedents, and carry out their tasks within the agreed-upon scope of powers.

COMPOSITION

According to Section 10 (1) of the Act of 1996, the parties to dispute are free to appoint a sole arbitrator or more than one arbitrator The number of arbitrators should always be odd and never an even number. If the parties fail to determine the number the arbitral tribunal shall consist of a sole arbitrator. If the number of arbitrators is three, the third appointed arbitrator shall act as a “Presiding Arbitrator”.

QUALIFICATIONS OF AN ARBITRATOR

1. He should be Indian
2. He must be impartial
3. He must not be interested in the subject matter or the parties
4. There should not be any dispute as to his professional Qualification
5. He should not buy any claim of the parties
6. He holds the quasi-judicial position, he should not be biased.

APPOINTMENT

1) Appointment by Parties - The general rule followed is the Appointment by parties where the right to appoint the members of the arbitral tribunal. The parties may agree to appoint a sole or more than one arbitrator. If both parties do not name their arbitrator, they may agree that arbitrators or arbitrators may be appointed by a third designated person. When one parties fail to appoint. 2) Appointment by Court - Where both parties have appointed two arbitrators each but are unable to appoint a third arbitrator, within the time frame of 30 days, the chief justice or any other person or institution or authority to whom the chief justice may delegate this function will appoint the Arbitrator or third arbitrator.

JURISDICTION

• The jurisdiction of an arbitral tribunal is derived from the agreement between the parties, as stated in their arbitration agreement. The arbitration agreement must be in writing and may be in the form of a separate agreement or a clause within a contract.
• An arbitral tribunal's jurisdiction is restricted to the area of the dispute specified in the contract of arbitration. Tribunals have the authority to rule on issues affecting their jurisdiction, such as whether the arbitration agreement exists or is legal.
• A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence.
• A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.
• The decision passed by the arbitral tribunal shall be binding on both parties which is popularly known as the arbitral award.

CONCLUSION

The composition, jurisdiction, and characterization of an arbitration panel are all significant components of the arbitration process. The establishment of the arbitral tribunal plays an essential role in the arbitration process since it involves the appointment of arbitrators by the relevant parties or appointed organisations. If the authorised entity fails to select an arbitrator, the High Court or Supreme Court may intervene. The membership of the tribunal, or the selection of a solitary arbitrator, is a key aspect of arbitration that influences the course and outcome of the proceedings. In some cases, such as those regarding investment treaty protection, arbitrators may be appointed by institutions such as the ICC International Court of Arbitration. Jurisdiction is another important aspect of the arbitral tribunal's job. The arbitral panel can decide on its jurisdiction, including the determination of objections to the existence or legality of the arbitration agreement. This authority guarantees that the tribunal can effectively assess its ability to manage disputes. In conclusion, knowing the structure, jurisdiction, and definition of an arbitral tribunal is essential for navigating the complexities of arbitration. The selection of arbitrators, resolution of jurisdictional issues, and recognition of arbitral tribunals' role in conflict settlement are essential elements that promote the effectiveness and integrity of arbitration proceedings. Understanding these fundamental factors allows stakeholders to engage in arbitration with clarity and confidence, encouraging a fair and quick settlement of disputes.

REFERENCES

1. Books / Commentaries / Journals Referred
   1. Book - Lectures on Arbitration, conciliation and A.D.R Systems, Author - Dr. Rega Surya Rao
2. Online Articles / Sources Referred
   1. LoginUniversitofLucknow, https://udrc.lkouniv.ac.in/Content/DepartmentContent/SM_367aca78-6e00-4cb5-82f6-18ed4d3299d4_30.pdf (last visited Mar. 4, 2024).
   2. Terminating arbitration: lessons from India, Global Arbitration Review, https://globalarbitrationreview.com/review/the-asia-pacific-arbitration-review/2024/article/terminating-arbitration-lessons-india (last visited Mar. 4, 2024).
   3. Arbitration and Conciliation Act, 1996 - An Overview, Search eLibrary:: SSRN, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3582896 (last visited Mar. 4, 2024).
   4. https://www.coursesidekick.com/law/3626445#:~:text=The%20person%20by%20whom%20the,to%20move%20to%20the%20court. (last visited Mar. 4, 2024).
3. Cases Referred
   1.  M/S. Amarchand Lalitkumar vs Shree Ambica Jute Mills Ltd on 3 May 1962, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1371659/#:~:text=The%20appellant's%20case%20was%20that,were%20either%20directly%20or%20indirectly (last visited Mar. 4, 2024).
   2. Satyendra Kumar vs Hind Constructions Ltd. on 14 August 1951, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1333612/ (last visited Mar. 4, 2024).

^[1] M/S. Amarchand Lalitkumar vs Shree Ambica Jute Mills Ltd on 3 May, 1962, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1371659/#:~:text=The%20appellant's%20case%20was%20that,were%20either%20directly%20or%20indirectly (last visited Mar. 4, 2024). ^[2] Satyendra Kumar vs Hind Constructions Ltd. on 14 August, 1951, Indian Kanoon - Search engine for Indian Law, https://indiankanoon.org/doc/1333612/ (last visited Mar. 4, 2024).  

Author-Jagrit Singla, Baba Farid Law College, Faridkot

Abstract:

This article delves into the succession/inheritance rights of the male and female legal heirs of the deceased person by exploring the different personal laws prevailing in Indian society. This article talks about the shares inherited by the son, daughter, spouse, mother, or other legal heirs under the different customs of different religions like Hindus, Muslims, Christians, and Parsis and the laws followed by them. This article also delves into the challenges being faced in society due to different customary norms prevailing in creating the impact of gender dynamics on inheritance rights and how these challenges can be overcome for future growth which helps in equalizing inheritance rights in society.  Keywords (Minimum 5): Inheritance, Joint Property, Succession Laws, Coparceners, Legal Heirs, Ancestral Property, Self-acquired Property, Customary Practices, Gender Equality, Legal Heirs

INTRODUCTION:

Inheritance is a convention of passing or transferring the properties, rights, titles, interests as well as the obligations and debts to the legal heirs of the deceased person. The inheritance rights thus, refer to the legal entitlement of the individuals /legal heirs to inherit the property, wealth, and assets from the deceased member of the family, which was in the ownership of such deceased person. The inheritance rights are governed by the succession laws which may vary across different jurisdictions and are influenced by the different cultures, religion, and other factors. In India, the succession or inheritance laws differ according to the different cultures and religions, for instance the Inheritance in Hindus is governed by “Hindu Succession Act, 1956,” in Muslims it is governed by the Muslim Laws, etc. The property, assets, wealth, etc. can be inherited by the legal heirs in the following two ways: -

• Wills/ Testament;
• Intestate Succession Laws (person dying Intestate, i.e., without making Will)

Meanings and Explanation:

• Legal Heirs: Legal Heirs means the individuals who are entitles to inherit the property, assets, and wealth of a deceased person according to the provisions of the customs and laws. Legal heirs mainly include spouses, children, parents and other relatives of the deceased as specified in the succession laws.
• Succession: Succession means the process by which the rights, duties, properties, titles, or obligations are transferred from one person to another. According to the inheritance laws, succession refers to the transmission of property, assets, and other interests upon the death of an individual.
• Co-parceners: The concept of the coparceners is found in the Hindu Laws and pertains to the joint ownership of property in Hindu Undivided Family (HUF). Coparceners means the individuals who jointly hold an undivided interest in an inherited ancestral property.

Historical Background:

The inheritance laws are personal laws which exists from the ancient times, so as the old-fashioned laws, the equal rights were not given to the women. In many cultures, the right over the entitlement of the joint property was inherited to the sons only, sons were considered as the prior legal heirs and daughters have no or limited right to inheritance; which perpetuates the economic disparities and gender inequality. The Hindu Succession Act, was enacted in the year 1956 and that time the women had no right to inherent the properties of her father dying intestate. After passing the “Hindu Succession (Amendment) Act, 2005,” the equal rights are provided to the daughters as well in the coparcenary property. After the said amendment, the daughters shall have the same rights by birth as that of a son in the Joint Hindu Family as a co-parcener and thus, have the right to claim by survivorship. Case: “Prakash vs. Phulavati,” (2016)[1], in this case the Supreme Court held that, the living daughters of living coparceners as on 9^th September, 2005 can claim the inheritance rights irrespective of when the daughter was born. Any prior disposition or alienation including partition will remain unaffected.

Legal Reforms and Progress:

The legal reforms are made for the welfare and development of the society and these legal frameworks progress over time to cope with the new ages and thus, amendments are done. In the traditional period there exists gender inequality regarding the inheritance rights between the males and females. But as time changes legal reforms are made to address the gender disparities in inheritance rights. Many countries amended their inheritance and succession laws to promote the gender equality and give the same rights to both the males and females by eliminating the discrimination in inheritance laws. In India also, the legal reforms progress which provide equal rights to females of the society.

Types of Properties:

The property which can be inherited among the legal heirs can be classified into two categories:

1. Self -Acquired Property: The property which is acquired or purchased by a person with his own income or resources and it is not subject to the rules of coparcenary or family lineage.
2. Ancestral Property: The property which is inherited through successive generations within a family. The property inherited from last four generations, i.e., father, father’s father, or great grandfather will be ancestral property.[2] The ancestral property is governed by the succession laws.

Case: “Sarvamma vs. U.R. Virupakshaiah,”[3] in this case the Court held that the property will be considered as ancestral property only when it is inherited from last four generations in the male lineage without partition and division.

Inheritance Laws in different Religions and Cultures:

• Hindu Inheritance Laws: The succession/inheritance in Hindus are governed by “Hindu Succession Act, 1956” and the term Hindus include Sikhs, Buddhists, Jains, and Arya Samaj. The property of the person dying intestate in Hindus are distributed among the legal heirs as classified into followed classes: -
• Firstly, Class I heirs,
• Secondly, Class II heirs,
• Thirdly, Agnates, and then
• Fourthly, Cognates.

Under the Hindu Succession laws the property is first distributed among the legal heirs in Class-I category and if none is available in Class-I then, the property goes to the legal heirs of Class-II, and then to Agnates and then, lastly to the Cognates. After the amendment of 2005, the daughters are also included in the legal heirs of Class-I and the whole property of the deceased will be equally distributed among son, daughter, mother, widow, and any other living person included in Class-I category. Case: “Arunachala Gounder vs. Ponnusamy,”[4] in this case the Supreme Court held that in addition to the coparcenary property inherited by the daughter of the deceased through partition, the daughter also has the right to inherit the self-acquired property of a Hindu male who dies intestate, i.e., without making a Will.   

• Muslim Inheritance Laws: Unlike Hindu inheritance law, the Muslim inheritance law does not distinguish between the self-acquired property and ancestral property. The inheritance under Islamic laws or culture are governed by the “Shias and Sunnis” customs and rules. In the Shias, all the heirs of the deceased get equal share while in Sunnis, the shares are divided based on branches. The property of deceased is distributed among the heirs only after paying all the outstanding debts and charges related to funeral rites.

However, under the Muslim laws, there is some gender inequality while the inheriting the property among the legal heirs as the son is supposed to get double share of what the daughter will have. And in case of the widows, the widow is entitled to share of one-fourth of the property if she has no child; and one-eighth share if she has children.

• Parsi Inheritance Laws: The inheritance in the Parsis is governed by “The Indian Succession Act, 1925” under Sections 50 to 56. Under the Parsi laws, no distinction is made between the legal heirs who were born in the lifetime of a person deceased or who were only conceived in the womb, at the time of the death of the said person.[5] According to the provision of Section 51 of the Act, the property of the person dying intestate shall be divided equally among the widow/widower, sons, and daughters.
• Christian Inheritance Laws: The Christian inheritance laws are also governed by “The Indian Succession Act, 1925” under Section 31 to 49. It also does not create any inequality based on gender at the time of inheritance. The property of the deceased dying intestate will be divided among widow/widower and children or any other lineal descendants. The one-third share of the property shall belong to the widow/widower and the remaining two-third shall be equally inherited among the children or lineal descendants of the deceased.[6]

Rights of Women:

• The women were given unequal rights regarding the inheritance of property. The right of inheritance enjoy by women/daughters are different in different religions and customs, which are explained as follows:

1. Under Hindu Succession Act, the daughters were not giving equal rights as that of sons. But, after 2005 an amendment has been made and it provides that, daughter shall inherent equal share to that of a mother, grandmother, and brother in the property of her father dying intestate.
2. After amendment in the Hindu Succession Act, not only the unmarried daughters but, the married daughters also have the right of inheritance in the property of her father.

• As per Muslim Laws, the women have lesser rights and shares in the property of her husband and father.

1. The Christian and Parsi Laws provide equal rights and shares to the women and daughters in the property as that of men.

Rights of Natural and Adopted Children:

1. The natural children have the right of inheritance in the ancestral property by birth, unless a will has been made which opposes it.
2. The child in the womb of the mother at the time of the death of the person also has the right of inheritance in the ancestral property.

• The child adopted has the same rights and share as that of the natural child in the property of the adoptive father dying without making a Will.
• The illegitimate child cannot acquire the property rights.

Challenges and Ongoing Struggle:

Despite the various legal reforms and promotions of gender equality, there still exists some discrepancy among the different cultural and societal norms, which poses as a challenge and hurdles in shaping the impact of gender dynamics on equal inheritance rights. The various backward beliefs are deep-rooted regarding the gender biasness, family structures, property ownerships, etc. within the communities. Various challenges are being faced while implementing and achieving the full gender equality in the inheritance rights. The legal reforms alone are not sufficient to tackle the challenges faced such as backward thinking of the societies and to create the impact of gender dynamics on the inheritance rights. Other challenges related to different class, religions, castes, race, and ethnicity are being faced which follow their own customary and cultural practices and hinders the progress of gender equality in inheritance laws. In some regions, the customary laws prevail over the statutory laws, which leads to different inheritance practices.

Future Directions:

Gender dynamics stimulus the rights of inheritance by giving equal rights to both male and female heirs and demolishing the impact of historical biasness which favours the males over the females. However, many legal frameworks are established which promotes the equality but still efforts are need to be made to tackle the challenges and complexities of the gender dynamics and inheritance/succession rights. So, to create the impact of gender dynamics on inheritance rights following things can be done in the future: -

• Uphold the principle of gender equality and protect the rights of all heirs whether male or female;
• Raising awareness on equal inheritance rights;
• Promoting education;
• Nurturing the value of female heirs and their rights in the society by challenging the communities’ harmful stereotypes.

CONCLUSION & COMMENTS

The impact of gender dynamics on inheritance rights is being made but still there are various challenges that need to be tackled for future growth. The succession laws in India are governed by different personal laws according to the cultures and religious practices. However, amendments are being made to encourage the rights of inheritance of the female heirs like the Hindu Succession (Amendment) Act, 2005 which create the equal rights of the daughters as that of the sons in the property of her father. Still, the legislative reforms need to be improved and cultural norms and biasness should be addressed for achieving the full gender equality in the inheritance laws by enhancing the legal awareness and promoting the education towards fostering equitable inheritance rights in India.

REFERENCES

• Online Articles / Sources Referred

1. The Article: Inheritance Laws in India- All You Need to Know, written by Pawni Mishra and the link of the article is https://www.magicbricks.com
2. The Article: All about Property Inheritance Law in India, written by Adv. Priyanka Sampathy and the link of the article is https://www.ezylegal.in
3. The Article:- “Inheritance Rights of Women: How to Protect them and how succession laws vary,” written by Riju Mehta and the link of the article is https://m.economictimes.com/wealth/plan/inheirtance-rights-of-women-how-to-protect-them-and-how-succession-laws-vary/articleshow/70407336.cms
4. https://indiankanoon.org
5. https://scconline.com

• Cases Referred

1. Prakash vs. Phulavati AIR 2016 SC 769
2. Gurdip Kaur Ghamand Singh, 1964 SCC Online Punj 180
3. Sarvamma vs. U.R. Virupakshaiah 2010 SCC Online Kar 136
4. Arunachala Gounder vs. Ponnusamy (2022) 11 SCC 520

• Statutes Referred

1. Hindu Succession Act, 1956
2. Indian Succession Act, 1925
3. LexisNexis, Universal’s, Bare Act Hindu Laws, 2020

[1] AIR 2016 SC 769 [2] Gurdip Kaur vs. Ghamand Singh, 1964 SCC Online Punj 180 [3] 2010 SCC Online Kar 136 [4] (2022) 11 SCC 520 [5] Section 50(a), Indian Succession Act, 1925 [6] Section 33(a), The Indian Succession Act, 1925