No: 8 Dated: Jun, 03 1986

THE MEGHALAYA SUCCESSION TO SELF ACQUIRED PROPERTY KHASI AND JAINTIA SPECIAL PROVISION ACT, 1986

ACT 8 OF 1986

An Act to provide special provision enabling the Khasis and the Jaintias to dispose of self-acquired property by will. Be it enacted by the Legislature of Meghalaya in the Thirty-sixth Year of the Republic of India as follows:-

1. Short title and Commencement:- (1) This Act may be called the Meghalaya Succession to Self Acquired Property (Khasi and Jaintia Special Provision) Act, 1986.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

2. Application:- The Act applies to the Khasis and Jaintias.

3. Definitions:- In the Act, unless the context otherwise requires-

(a) “Khasi and Jaintia” includes Khasi, Jaintia, Synteng Pnar, War, Bhoi and Lyngngam;

(b) “Minor” means a person who has not attained the age of eighteen years;

(c) “Probate” means the copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator;

(d) “Self-acquired property” means any property, whether movable or immovable, or any right, title or interest on any such property, which is vested in any Khasi and Jaintia which is not inherited as ancestral property.

4. Person capable of making will Central Act XXXIX of 1925:- On and after the commencement of this Act and notwithstanding anything contained in the Indian Succession Act, 1925 or customs, it shall be lawful for a Khasi and Jaintia of sound mind, not being a minor, to dispose of his self-acquired property by will.

explanation:- 1. A person who is deaf or dumb or blind is not thereby incapacitated for making a will if he is able to know what he does, by it.

explanation:- 2. A person who is ordinarily insane may make a will during an interval in which he is of sound mind.

explanation:- 3. No person can make a will while he is in such a state of mind, whether arising from intoxication or from illness or from any other cause, that he does not know what he is doing

Open PDF