Section 58 of ISA : Section 58: General Application Of Part

Explanation using Example

Imagine that Raj, a Hindu man, passes away and leaves behind a will stating how his assets should be distributed among his family. Raj's will would not be governed by the provisions of Part VI of the Indian Succession Act, 1925, because Section 58(1) specifically states that this Part does not apply to testamentary succession to the property of a Hindu. Instead, Hindu testamentary succession would be governed by other laws applicable to Hindus, such as the Hindu Succession Act, 1956.

In contrast, if John, a Christian man, passes away and leaves behind a will, the administration of his will would be governed by the provisions of Part VI of the Indian Succession Act, 1925, as per Section 58(2), because this Part constitutes the law of India applicable to testamentary succession for communities not excluded by Section 58(1) or any other law.