UCC BILL

THE UNIFORM CIVIL CODE, Gujarat, 2024.

BILL No. of 2024

Bill

to govern and regulate the laws relating to marriage and divorce, succession, live-in
relationships, and matters related thereto.

Be it enacted by the Gujarat State Legislative Assembly in the 75th years of the
Republic of India, as follows-

PRELIMINARY

1. Short title, commencement and extent-

(1) This Act may be called the Uniform Civil Code, Gujarat, 2024.

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

(3) It extends to the whole of the State of Gujarat and applies also to the residents of Gujarat
who resides outside the territories to which this Code extends.

2. Applicability of the Code to Scheduled Tribes - Nothing contained in this Code shall
apply to the members of any Scheduled Tribes within the meaning of clause (25) of Article
366 read with Article 342 of the Constitution of India and the persons and group of persons
whose customary rights are protected under Part XXI of the Constitution of India, until and
unless it is passed by a resolution by the assent of governor and majority of legislative
assembly of Gujarat.

3. Definitions-

(1) In this Code, unless the context otherwise requires –

(a) "child", in relation to parents, means their biological child, and includes an adopted child,
an illegitimate child, or a child born through surrogacy or assisted reproductive technology;
(b) "Court" means a court of original civil jurisdiction and includes a family court established
under the Family Courts Act, 1984 (Act No. 66 of 1984) or any court upon which the powers
and jurisdiction of a family court are conferred;

(c) "custom and usage" signify any rule which, having been continuously and uniformly
observed for a long time and has obtained the force of law among persons in any local area,
tribe or community:

Provided that the rule is certain and not unreasonable or against the public policy and
morality;

(d) "degrees of prohibited relationship" - a man and any of the persons mentioned in List-1 of
the Schedule - 1 and a woman and any of the persons mentioned in List-2 of the said
Schedule are within the degrees of prohibited relationship.

Explanation 1 - Relationship includes -

(I) relationship by half or uterine blood as well as by full blood, adoption, surrogacy or
assisted reproductive technology;

(ii) legitimate blood relationship as well as illegitimate;

and all terms of relationship in this Code shall be construed accordingly:

Explanation 2 - "full blood" - two persons are said to be related to each other by

full blood when they are descended from a common ancestor by the same wife;

Explanation 3 - "half-blood" - two persons are said to be related to each other by

half-blood when they are descended from a common ancestor but by different wives;

Explanation 4 - "uterine blood" - two persons are said to be related to each other

by uterine blood when they are descended from a common ancestress but by different
husbands;
Explanation 5 - in Explanation 3 and Explanation 4, "ancestor" includes the father and
"ancestress" includes the mother;

(e) "estate" means property of any kind, whether movable or immovable, self-acquired or
ancestral/coparcenary/joint, tangible or intangible and includes a share, interest or right in
such property;

(f) "High Court" means the High Court of Gujarat;

(g) "minor" means a person who has not attained the age of eighteen years:

(h) "notification" means a notification published in the Gujarat Gazette and the expression
"notified" shall be construed accordingly:

(i) "parent" means father or mother of a child;

(i) "person" means an individual, whether female or male, and the expressions "she/he",
"her/his", "her/him" and "herself/himself" shall be construed accordingly;

(k) "prescribed" means prescribed by rules made under this Code;

(1) "Registrar" means the Registrar appointed by the State Government;

(m) "Registrar General" means the Registrar General appointed by the State Government,

(n) "resident" means a citizen of India, whether residing within or outside the territories of the
State of Gujarat, who -

(i) is eligible to be a permanent resident under the notification issued by the State
Government in this regard, or

(1) is a permanent employee of the State Government or its undertakings/entities, or

(in) is a permanent employee of the Central Government or its

undertakings/ entities

employed within the territory of the

State, or

(iv) has been residing in the State for not less than one year, or

(v) is a beneficiary of any scheme of the State Government or the Central Government,
applicable in the State;
 CHAPTER 1

Conditions of a marriage.

4. Conditions for marriage - A marriage may be solemnized/contracted between a man and

a woman, if the following conditions are fulfilled, namely -

(1) neither party has a spouse living at the time of the marriage; (ii) at the time of the
marriage, neither party -

(a) is incapable of giving valid consent in consequence of unsoundness of mind; or

(b) though capable of giving valid consent, has been suffering from a mental disorder of such
a kind or to such an extent so as to be unfit for marriage, or

(c) has been subject to recurrent attacks of insanity;

(iii) the man has completed the age of twenty-one years and the woman

the age of eighteen years;

(iv) the parties are not within the degrees of prohibited relationship, unless the custom or
usage governing one of them permits marriage between the two;

Provided that such customs and usage are not against the public policy and morality;

(v) the marriage is not prohibited under any law in force.

5. Ceremonies for marriage - Marriage may be solemnized/contracted between a man and a

woman in accordance with the religious beliefs, practices, customary rites and ceremonies
including but not limited to

"Saptapadi", "Ashirvad", "Nikah", "Holy Union", "Anand Karaj" under The Anand Marriage
Act 1909 as well as under, but not limited to, The Special Marriage Act, 1954 and Arya
Marriage Validation Act, 1937.
 Chapter 2.

Registration of marriage and divorce.

6. Compulsory registration of marriage solemnized/contracted after the commencement

of the Code - Notwithstanding anything contained in any other law for the time being in
force or in any custom or usage to the contrary, a marriage solemnized/contracted in the State
or outside the territory thereof, after the commencement of this Code, where at least one party
to the marriage is a resident of the State, shall be registered in accordance with the procedure.

Provided that the conditions under section 4 and requirements of section 5 are fulfilled.

7. Registration of decree of divorce or nullity passed after the commencement of the

Code-

(1) Any decree of divorce or nullity of marriage passed after the commencement of this Code
by any Court in the State shall be registered in accordance with the procedure as mentioned
under sub-section (1) of section 11,

(2) Any decree of divorce or nullity of marriage passed after the commencement of this Code
by any court outside the State, where at least one party to the decree is a resident of the State,
shall be registered in accordance with the procedure as mentioned under sub-section (2) of
section 11.

8. Period and procedure for registration of marriage under section 6

(1) In case of a marriage solemnized/contracted in the State or outside the territory thereof
after the commencement of this Code, for which registration is required under section 6, the
parties to the marriage shall prepare and sign a memorandum in the form prescribed by the
State Government and deliver it electronically or otherwise within a period of sixty days from
the date of marriage, in case of a marriage solemnized/contracted in the State, to the Sub-
Registrar within whose jurisdiction the marriage was solemnized/contracted or either of the
parties to the marriage resides and, in case of a marriage solemnized/contracted outside the
State, to the Sub-Registrar within whose jurisdiction either of the parties resides in the State.
(2) In case of a marriage solemnized/contracted in the State between 26.03.2010 and the date
of commencement of this Code, which is required to be registered , the parties to the marriage
seeking registration shall prepare and sign a memorandum in he form prescribed by the State
Government and deliver it electronically or otherwise within a period of six months from the
date of commencement of this Code to the Sub-Registrar within whose jurisdiction the
marriage was solemnized/contracted or either of the parties to the marriage resides.

(3) In case of a marriage solemnized/contracted in the State before 26.03.2010 or outside the
State before the commencement of this Code, which may be registered , the parties to the
marriage seeking registration may prepare and sign a memorandum in the form prescribed by
the State Government and deliver it electronically or otherwise within a period of six months
from the date of commencement of this Code, in case of a marriage solemnized/contracted in
the State, to the Sub-Registrar within whose jurisdiction the marriage was
solemnized/contracted or either of the parties to the marriage resides and, in case of a
marriage solemnized/contracted outside the State, to the Sub-Registrar within whose
jurisdiction either of the parties resides in the State.

Provided that the Sub-Registrar may entertain a memorandum presented beyond the period
prescribed under this sub-section on being satisfied that there are sufficient grounds for doing
so.

9. Registration of decree of divorce or nullity passed before the commencement of the

Code-

(i) Any decree of divorce or nullity of marriage passed by any court in the State, before the
commencement of this Code, may be registered in accordance with the procedure as
mentioned under sub-section(3) of section 11.

(2)Any decree of divorce or nullity of marriage passed by any court outside the State, before
the commencement of this Code, where at least one party to the decree is a resident of the
State, may be registered in accordance with the procedure as mentioned under sub-section (4)
of section 11.

10. Period and procedure for registration of marriage .

(1) In case of a marriage solemnized/contracted in the State or outside the territory thereof
after the commencement of this Code, for which registration is required under section 6, the
parties to the marriage shall prepare and sign a memorandum in the form prescribed by the
State Government and deliver it electronically or otherwise within a period of sixty days from
the date of marriage, in case of a marriage solemnized/contracted in the State, to the Sub-
Registrar within whose jurisdiction the marriage was solemnized/contracted or either of the
parties to the marriage resides and, in case of a marriage solemnized/contracted outside the
State, to the Sub-Registrar within whose jurisdiction either of the parties resides in the State.

11. Period and procedure for registration of decree of divorce.

(1) In case of any decree of divorce or nullity of marriage passed after the commencement of
this Code by any Court in the State, both or either of the parties to the decree shall prepare
and sign a memorandum in the form prescribed by the State Government and deliver it
electronically or otherwise, if there is no right of appeal, within a period of sixty days from
the date of decree, and if there is such a right of appeal, within a period of sixty days from the
date on which the period of such right to appeal expires without an appeal having been
presented, or the date on which the appeal has been dismissed where an appeal has been
presented, as the case may be, to the Sub-Registrar within whose jurisdiction the marriage
was solemnized/contracted, or registered under this part , or either of the parties to decree
resides.

(2) In case of any decree of divorce or nullity of marriage passed by any court after the
commencement of this Code outside the State, where at least one party to the decree is a
resident of the State, both or either of the parties to the decree seeking registration shall
prepare and sign a memorandum in the form prescribed by the State Government and deliver
it electronically or otherwise, if there is no right of appeal, within a period of sixty days from
the date of decree, and if there is such a right of appeal, within a period of sixty days from the
date on which the period of such right to appeal expires without an appeal having been
presented, or the date on which the appeal has been dismissed where an appeal has been
presented, as the case may be, to the Sub-Registrar within whose jurisdiction either of the
parties to the decree resides in the State.

12. Appointment of Registrar General, Registrar and Sub-Registrar-

(1) The State Government shall, by notification, appoint such person as it considers
appropriate not below the rank of Secretary to the Government of Gujarat to be the Registrar
General for the State and shall also appoint Registrar for any area(s) as it considers
appropriate not below the rank of Sub-Divisional Magistrate and such number of Sub-
Registrars as the State Government may notify for such area(s) as may be specified in the
notification.

(2) Registrar General ad Registrar shall each maintain a register of appeals and such other
registers as may be prescribed.

(3) The Sub-Registrar shall maintain such registers of marriage and divorce and other
registers as may be prescribed.

13. Penalty for neglect or false statement -

(i) Any person who willfully omits or neglects to deliver the memorandum, in a case where it
is compulsory to do so under section 10 or section 11, shall be liable to pay penalty not
exceeding ten thousand rupees, as may be imposed by the Sub-Registrar.

(2) Any person who makes any statement in the memorandum which is false and which
she/he knows or has reason to believe to be false, or delivers a forged or a fabricated
document, shall be punishable with imprisonment for a term which may extend to three
months, or with fine not exceeding twenty-five thousand rupees, or with both.

14. Procedure in case of non-registration -

(1) Where parties to a marriage have failed to deliver the memorandum of marriage, or
neither party to a decree of divorce or nullity of marriage has delivered the memorandum of
divorce or nullity of marriage, as the case may be, in a case where registration of marriage,
divorce or nullity of marriage is compulsory under this Part, the Sub-Registrar, either Suo
moto or on receipt of a complaint or information in this regard, shall by notice to such
persons require them to present a memorandum within thirty days from the date of receipt of
such notice. On such memorandum being filed, the Sub-Registrar shall register the marriage
or the decree of divorce or nullity of marriage, as the case may be, on payment of the
prescribed fee and the penalty prescribed under sub-section (1) of section 17.

(2) On failure of the parties to approach the Sub-Registrar for registration of marriage,
divorce or nullity of marriage, as the case may be, on being required by a notice to do so
under sub-section (1), such persons shall be punishable with fine not exceeding twenty-five
thousand rupees.
15. Punishment for inaction by Sub-Registrar - The Sub-Registrar who willfully fails to
act in accordance with procedure , shall be punishable with fine not exceeding twenty-five
thousand rupees.

16. Restitution of conjugal rights - When either the husband or the wife has, without
reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply,
by petition to the Court, for restitution of conjugal rights and the Court, on being satisfied of
the üuth of the statements made in such petition and that there is no legal ground for rejection,
may decree restitution of conjugal rights accordingly.

Explanation - Where a question arises whether there has been reasonable excuse for
withdrawal from the society of the other, the burden of proving such reasonable
excuse shall be on the person who has withdrawn from the society.

17.Judicial separation -

Either party to a marriage, whether solemnized/contracted before or after the

commencement of this Code, may present a petition to the Court praying for a
decree for judicial separation on any of the grounds specified in sub-section (l)
of section 18, and in the case of a wife, also on any of the grounds specified
in sub-section (3) thereof, as grounds on which a petition for divorce might
have been presented.

(2) Where a decree for judicial separation has been passed, it shall no longer be
obligatory for the petitioner to cohabit with the respondent, but the Court may,
on a petition by either party and on being satisfied of the truth of the statement
made in such petition, rescind the decree if it considers it just and reasonable to
do so.

18. Divorce.

Divorce:
A marriage may be dissolved by a decree of divorce upon petition by either
party on grounds that the other party has:

1. Engaged in voluntary sexual intercourse with someone other than the

petitioner post-marriage.

2. Treated the petitioner with cruelty.

3. Deserted the petitioner for at least two continuous years.

4. Converted to another religion.

5. Been incurably of unsound mind or suffering from a severe mental disorder.

6. Suffered from an incurable communicable venereal disease.

7. Renounced the world by joining a religious order.

8. Not been heard of for seven years or more.

9. Contracted another marriage illegally.

10. Failed to comply with a maintenance order for at least one year.

Additionally, divorce can be sought if there has been no resumption of

cohabitation or restitution of conjugal rights for one year after a judicial
separation or decree for restitution. A wife may also petition for divorce if the
husband has committed rape or other unnatural sexual offenses or had multiple
wives before the Code's commencement.

19. Divorce by Mutual Consent:

(1) Subject to the provisions of this Part, a petition for dissolution of marriage
by a decree of divorce may be presented to the Court by both parties to a
marriage jointly, whether the marriage was solemnized/contracted before or
after the commencement of this Code, on the grounds that:
 (a) They have been living separately for a period of one year or more.

(b) They are unable to live together.

(c) They have mutually agreed that the marriage should be dissolved.

(2) On the motion of both parties, made no earlier than six months after the
date of the presentation of the petition referred to in subsection (1) and not
later than eighteen months after the said date, if the petition is not withdrawn
in the meantime, the Court shall, on being satisfied, after hearing the parties
and after making such inquiry as it thinks fit, that a marriage has been
solemnized/contracted and that the averments in the petition are true, pass a
decree of divorce declaring the marriage to be dissolved with effect from the
date of the decree.

(3) Where the Court is of the opinion that, due to exceptional hardship suffered
by any of the parties to the marriage or exceptional depravity on the part of any
such party, there is no possibility of reconciliation between the parties, it may
waive the requirement of one year of separation for filing the petition under
subsection (1) as well as the time limit of six months for filing the motion
under subsection (2) and proceed with passing a decree of divorce declaring
the marriage to be dissolved with effect from the date of the decree.

20. Right of person to remarry after the decree of divorce is passed by the court.

(1) After passing the decree by the concerned court , if both the spouces wants to
remarry after completing compulsory mediation process, then the spouces has right to file a
application to court for remarry with each other.

(2) After they re-marry registration as per this code is required and it should be
done in the office of registrar.
 Chapter 3

Maintenance and Child Custody.

21. In any proceeding under this Part, if the Court finds that either the wife or the husband, or
in the case of a man with multiple wives prior to the commencement of this Code, any of the
wives, lacks sufficient independent income for their support and necessary expenses of the
proceeding, the Court may, upon application by the wife or the husband, order the respondent
to pay to the applicant, during the pendency of the proceeding, the expenses of the
proceeding and a monthly sum. This amount should be just and reasonable, considering both
the applicant's and respondent's incomes.

Provided that the application for the payment of the expenses of the proceeding and the
monthly sum during the proceeding shall, as far as possible, be disposed of within sixty days
from the date of service of notice on the respondent.

22. Maintenance Pendente Lite and Expenses of Proceedings

If, during any proceeding under this Part, the Court finds that either spouse or, in the case of a
man with multiple wives prior to the commencement of this Code, each wife lacks sufficient
independent income for their support and necessary expenses of the proceeding, the Court
may, upon application by either spouse, order the respondent to pay to the applicant:

1. The expenses of the proceeding; and

2. A monthly sum, considering the income of both the applicant and the respondent, which
the Court deems just and reasonable.

The application for payment of these expenses and the monthly sum should, as far as
possible, be resolved within sixty days from the date the notice is served on the respondent.
23. Interim Orders and Provisions for Minor Child.

1. In any proceeding under this Part, the Court may issue interim orders and include
provisions in the decree regarding the care, education, custody, and maintenance of minor
children, taking into account their wishes whenever possible. Even after the decree, upon
application, the Court may continue to issue orders and make provisions concerning the care,
education, custody, and maintenance of such children, as if the proceeding for obtaining the
decree were still pending. The Court also has the authority to revoke, suspend, or vary any
such orders and provisions previously made.

(2) - Applications regarding the care, education, custody, and maintenance of children
should, as far as possible, be resolved within sixty days from the date the notice is served on
the respondent.

(3). In making any order under this section, the Court shall consider the best interest and
welfare of the child as the paramount concern.

(4) The custody of a minor child who has not completed the age of five years shall ordinarily
be awarded to the mother.
 Chapter 5

Jurisdiction of courts.

Section 24 Court to Which Petition Shall Be Presented.

Every petition under this Part shall be presented to the Court within the local limits of whose
jurisdiction:

1. The marriage was solemnized or contracted; or

2. The respondent resides at the time of the presentation of the petition; or

3. The parties to the marriage last resided together; or

4. In the case where the wife is the petitioner, where she is residing on the date of
presentation of the petition; or

5. The petitioner resides at the time of the presentation of the petition, in cases where the
respondent is residing outside the territories to which this Code extends, or has not been
heard of as being alive for a period of seven years or more by those persons who would
naturally have heard of the respondent if they were alive.

24. Pleadings under this Part.

1. Every petition and written statement filed under this Part must clearly state the facts on
which the claim for relief and any objections are based. Except for petitions under section 23,
it must also affirm that there is no collusion between the petitioner and the other party to the
marriage.
2. The statements in every petition, written statement, and any other pleadings filed under this
Part must be verified by the petitioner or the respondent, or by another competent person, in
the manner prescribed for the verification of pleadings under the Code of Civil Procedure,
1908 (Act No. 5 of 1908).

Section 25: Power to Transfer Petitions in Certain Cases

(1). Where:

(a) A petition under this Part is presented by a party to a marriage seeking a decree for
restitution of conjugal rights, nullity of marriage, judicial separation, or divorce, and

(b) Another petition under this Part is subsequently presented by the other party to the
marriage seeking any of the reliefs mentioned in clause (a), whether in the same Court or a
different Court,

The petitions shall be managed as outlined in sub-section (2). When sub-section (1) applies:

(a) If both petitions are presented to the same Court, they shall be tried and heard together
by that Court;

(b) If the petitions are presented to different Courts, the later petition shall be transferred to
the Court where the earlier petition was presented, and both petitions shall be heard and
disposed of together by that Court.

3. Notwithstanding sub-section (2)(b), the High Court may, on application by any party or on
its own motion, assign and transfer all petitions to one of the Courts hearing the petitions or
to any other Court as deemed just and proper.
25: Appeals from orders/judgement. The order passed by concerned court is appealable in
the high court of Gujarat and if high court of Gujrat passes the certificate of appeal, then the
party may approach to supreme court of India.

Chapter 6

Intestate Succession

Section26: General Rules of Succession

The estate of a person dying intestate shall devolve according to the provisions of this
Chapter in the following order of preference:

1. Firstly, upon the heirs specified in Class I of Schedule 2 of this Code;

2. Secondly, if there is no heir in Class I, then upon the heirs specified in Class II of Schedule
2 of this Code;

3. Thirdly, if there is no heir in either Class I or Class II, then upon other relatives;

4. Lastly, if there is no heir in any of the above categories, the estate shall escheat to the
Government, which shall assume the estate subject to all obligations and liabilities as an heir
would have been.

Section 27.

Distribution of Estate Amongst Class I Heirs

Class I heirs shall inherit simultaneously, and the estate of an intestate shall be divided
amongst them according to the following rules:

1. Rule 1: Every surviving spouse of the intestate shall receive one share each.

2. Rule 2: Every surviving child of the intestate shall receive one share each.

3. Rule 3: The heirs in the branch of each predeceased child of the intestate shall
collectively receive one share.
4. Rule 4: The share allotted to the branch of a predeceased child shall be divided
equally among every surviving spouse, surviving child, and the branch of a
predeceased child of the predeceased child.

5. Rule 5: The share allotted to the branch of a predeceased child of a predeceased child
shall be divided equally among every surviving spouse and child.

6. Rule 6: Surviving parents of the intestate shall together receive one share equally. If
only one parent survives, that parent shall receive the entire share. If both parents
have taken one share and one subsequently dies, the deceased parent's interest in that
share shall devolve upon the surviving parent.

Section 28. Distribution of Estate Amongst Class II Heirs

The estate of an intestate shall be divided among Class II heirs according to the following
rules:

1. Rule 1: Heirs in the first entry of Class II shall be preferred over those in the second
entry; those in the second entry shall be preferred over those in the third entry, and so
on in succession.

2. Rule 2: The estate shall be divided equally among the heirs specified in any one entry
in Class II of Schedule 2.

Section 29. Distribution of Estate Amongst Other Relatives

The relatives of the nearest degree shall inherit the estate of an intestate to the exclusion
of all other relatives according to the following rule:

1. Rule: Each relative of the nearest degree shall receive one share each.

Section 30. Right of a Child in the Womb

For the purposes of intestate succession, there is no distinction between an heir who was
born during the lifetime of the intestate and an heir who was conceived but born alive
after the intestate's death. A child conceived at the time of the intestate's death and
subsequently born alive shall be considered a successor of the intestate as if they were
born at the time of the intestate's death.

Testamentary Succession

Section 31. Person Capable of Making Wills

Any person of sound mind who is not a minor may make a Will to dispose of their estate.

1. Explanation 1: Deaf, dumb, or blind individuals are not disqualified from making a
Will if they understand the nature of the act.

2. Explanation 2: A person who is ordinarily insane may make a Will during periods
when they are of sound mind.

3. Explanation 3: A person cannot make a Will while in a state of mind that impairs
their ability to understand the nature of the act, whether due to intoxication, illness, or
any other cause.

Section 21: Person Capable of Making Wills

Any person of sound mind who is not a minor may make a Will to dispose of their estate.

1. Explanation 1: Deaf, dumb, or blind individuals are not disqualified from making a
Will if they understand the nature of the act.

2. Explanation 2: A person who is ordinarily insane may make a Will during periods
when they are of sound mind.

3. Explanation 3: A person cannot make a Will while in a state of mind that impairs
their ability to understand the nature of the act, whether due to intoxication, illness, or
any other cause.

Section 22: Execution of Unprivileged Wills: For testators who are not soldiers on an
expedition or engaged in actual warfare, airmen so employed, or mariners at sea, the Will
must be executed as follows:

(a) The testator must sign or mark the Will, or another person may sign the Will on their
behalf and in their presence, as directed by the testator.
(b) The testator's signature or mark, or the signature of the person signing on their behalf,
must be placed to indicate that it is intended to give effect to the writing as a Will.

(c) The Will must be attested by at least two witnesses, each of whom must either: - See
the testator sign or mark the Will, or - See another person sign the Will in the presence
and at the direction of the testator, or - Receive from the testator a personal
acknowledgment of the testator's signature or mark, or the signature of the other person.
Each witness must sign the Will in the presence of the testator. It is not necessary for
more than one witness to be present at the same time, and no specific form of attestation
is required.

Section 23: Privileged Wills

Soldiers engaged in an expedition or actual warfare, airmen so employed, or mariners at

sea, who are at least eighteen years old, may dispose of their estate by making a Will in
the manner specified in sub-section (3). These Wills are referred to as privileged Wills.

Section 24: Revocation of Unprivileged Will or Codicil

An unprivileged Will or codicil, or any part thereof, may be revoked only by:

1. Another Will or codicil,

2. A written declaration of intent to revoke, executed in the manner required for an

unprivileged Will, or

3. The burning, tearing, or destruction of the Will or codicil by the testator with the
intention to revoke it.

Section 25: Revocation of Privileged Will or Codicil

A privileged Will or codicil may be revoked by the testator through:

1. An unprivileged Will or codicil,

2. Any act expressing an intention to revoke, accompanied by formalities sufficient to

validate a privileged Will,
3. The burning, tearing, or other destruction of the Will or codicil by the testator, or by
another person in the testator’s presence and at their direction, with the intention to
revoke it.

Section 26: Extrinsic Evidence Admissible in Cases of Patent Ambiguity

When the language of a Will is clear but extrinsic evidence reveals that it could apply to
more than one interpretation, such evidence may be used to determine which
interpretation the testator intended.

Section 27: Estate Transferable by Gift Made in Contemplation of Death

1. A person may transfer movable estate by a gift made in contemplation of death,

provided the estate could otherwise be disposed of by Will.

2. A gift is considered made in contemplation of death when a person who is ill and
expects to die from that illness delivers possession of the movable estate to another
person as a gift, contingent upon the donor's death from the illness.

3. Such a gift may be revoked by the donor and will not take effect if the donor recovers
from the illness or survives the recipient.

Section 28 : Person claiming right by succession to estate of deceased may apply for
relief against wrongful possession -
If any person dies leaving estate, moveable or immoveable, any person
claiming a right by succession thereto, or to any portion thereof, may make
application to the District Judge of the district where any part ofthe estate is found
or situate for relief, either after actual possession has been taken by another
person, or when forcibke means ofseizing possession are apprehended.

(2) Any guardian, agent, relative or near friends may, in the event ofany minor, or
any disqualified or absent person being entitled by succession to such estate as
aforesaid, make the like application for relief.
 Section 29 : Inquiry made by Judge- The District Judge to whom such application is
made shall, in the first place, examine the applicant on oath, and may make such further
inquiry, if any, as she/he thinks necessary as to whether there is suffcient ground for believing
that the party in possession or taking forcible means for seizing possession has no lawful title,
and that the applicant, or the pcrson on whose behalf she/he applies is really entitled and is
likely to be materially prejudiced if left to the ordinary remedy of a suit, and that the
application is made bona fide.

Section 30 . Representative title to Estate of Deceased on Succession

Character and estate of executor or administrator as such - The executor or

administrator, as the case may be, of a deceased person is her/his legal representative for all
purposes, and all the estate of the deceased person vests in her/him as such.

Section 31 : Proof of Representative Title Required for Recovery of Debts from Debtors
of Deceased Persons

No court shall:

(a) Pass a decree against a debtor of a deceased person for payment of the debt to someone
claiming to be entitled to the deceased’s estate, or

(b) Execute a decree or order for debt payment against such a debtor, based on an application
by a person claiming entitlement, unless the claimant provides:

- (i) A probate or letters of administration proving their grant of administration over the
deceased’s estate, or

- (ii) A succession certificate issued under Chapter 6 of this Part specifying the debt.
For the purposes of this section, "debt" excludes rent, revenue, or profits related to land used
for agricultural purposes.

Section 32:

Effect of Subsequent Probate or Letters of Administration on Certificate

A grant of probate or letters of administration for an estate will supersede any previously
granted certificate under Chapter 6 of this Part concerning debts or securities in the estate.

If, at the time of granting probate or letters of administration, there is an ongoing suit or
proceeding involving a certificate holder regarding such debts or securities, the person
granted probate or letters may apply to the court to replace the certificate holder in the suit or
proceeding.

Provided that, if a certificate is superseded under this section, payments made to the
certificate holder before the supersession, and made in good faith, shall be considered valid
against claims under the probate or letters of administration.

Section 33: Probate, Letters of Administration .

Grant of Administration

1. If a deceased person has died intestate, administration of their estate may be granted
to any person entitled to the estate or any part thereof according to Chapter I of this
Part.

2. If multiple eligible persons apply for administration, the court has the discretion to
grant it to one or more of them.

3. If no eligible person applies, administration may be granted to a creditor of the

deceased.
Section 34: Grant of Probate to Appointed Executor.

Probate shall be granted only to an executor appointed by the Will.

The appointment of the executor may be explicit or implied by the terms of the Will.

Section 35: Persons to whom probate cannot be granted - Probate cannot be granted to any
person who is a minor or is of unsound mind nor to any association of individuals unless it is
a company which satisfies the conditions prescribed by rules to be made, by notification in
the Gujarat Gazette by the State Govemment in this behalf.

Section 36 : Petition for Probate

An application for probate or letters of administration with the Will annexed must be made
by petition, clearly written in English, Hindi, or the language used in the court proceedings,
and must include:

(a) The time of the testator's death,

(b) A statement that the annexed writing is the testator's last Will and testament,

(c) Confirmation that the Will was duly executed,

(d) An estimate of the assets likely to come into the petitioner's hands, and

(e) If applying for probate, a statement that the petitioner is the executor named in the Will.

The petition must also specify:

(a) If the application is to the District Judge, that the deceased had a fixed place of abode or
some estate within the Judge's jurisdiction; and
(b) If the application is to a District Delegate, that the deceased had a fixed place of abode
within the Delegate's jurisdiction.

If the application is to the District Judge and any assets likely to come to the petitioner are
located in another State, the petition must also specify the amount of such assets in each State
and the names of the District Judges within whose jurisdictions the assets are located.

Section 37: Petition for Letters of Administration

An application for letters of administration must be made by petition, clearly written as

specified, and must include:

(a) The time and place of the deceased's death,

(b) The family or other relatives of the deceased and their respective addresses,

(c) The petitioner’s right or claim,

(d) The estimated amount of assets likely to come into the petitioner’s hands,

(e) If applying to the District Judge, confirmation that the deceased had a fixed place of
abode or some estate within the Judge’s jurisdiction, and

(f) If applying to a District Delegate, confirmation that the deceased had a fixed place of
abode within the Delegate’s jurisdiction.

If the application is to the District Judge and any assets likely to come to the petitioner are
located in another State, the petition must also specify the amount of such assets in each State
and the names of the District Judges within whose jurisdictions these assets are located.

Section 38: Court having jurisdiction to grant certificate - The District Judge within whose
jurisdiction the deceased ordinarily resided at the time of her/his death, or, ifat that time she/he
had no fixed place of residence, the District Judge, within whose jurisdiction any part of the
estate of the deceased may be found, may grant a certificate under this Chapter.
 CHAPTER 7
ADOPTION.
Section 39 : The Child must be declared to be legally free for adoption by at least three
members of the Child Welfare Committee

• Indian Prospective parents must register themselves with a Specialised Adoption

Agency, mainly one near their place of residence. The Agency will guide them
through the registration process

• After registering as per Schedule IV and with the necessary documents and the
prescribed fee, the Specialised Adoption Agency (SAA) will give them a registration
slip.

• If they want to adopt a child from another Special Adoption Agency within the same
state they can approach the State Adoption Resource Authority (SARA) or the
Adoption Coordination Agency with the registration slip.

• If they want to adopt a child from another state they must visit that particular state’s
State Adoption Resource Authority or Adoption Coordination Agency with the
registration slip.

• The Prospective Adoptive Parents will be put on a waiting list

• Pre-Adoption Counselling and Preparation will be given to the Prospective Adoptive

Parents by the Specialised Adoption Agency to prepare them for their adoption

• Home Study is done by the respective Specialised Adoption Agency to check for
suitability and eligibility of the prospective parents in the place of their residence by
which a Home Study Report is prepared which will declare the Prospective Parents
as eligible.
• Prospective Parents after being cleared as eligible for adoption, they will get profiles
of legally free for adoption children.
• Prospective Parents can reserve a child within 48 hours.
 • Matching of the prospective parents and the child is done by adoption agency within
20 days after which Prospective parents accept the child and take him/her into pre-
adoption foster care
• A petition is filed by the Specialised Adoption Agency along with the Prospective
parents as co-petitioners in a designated court within 10 days of acceptance
• The Court will hear and dispose the case within 60 days after having an in-camera
hearing.
• Application of the birth certificate and its subsequent issuance will be done within 8
days
• Post Adoption follow up will be done until 2 years from the date of adoption of the
child.

Section 40: Application to appropriate court.

(1)After Adoption the parents of a child has to provide application to the court where the
jurisdiction belongs to and notarised it for the same.

Section 41 : Parent can adopt a child.

• A married couple, a single male/female (unmarried, widowed or legally divorced) can

adopt a child up to 18 years of age

• A single male can only adopt a male child. A single female can adopt a child of any
gender.

• Parents with maximum composite age of 90 yrs (single parent’s age of 45 yrs) can
adopt a child up to 4 yrs of age
 • Parents with maximum composite age of 100 yrs (single parent’s age of 50 yrs) can
adopt a child between 4-8 yrs of age

• Parents with maximum composite age of 110 yrs (single parent’s age of 55 yrs) can
adopt a child between 8-18 yrs of age

• Minimum age difference between the child and the parent should be 25 yr.

CHAPTER 8
Live-in-Relationship
Section 42: Statement of Live-In Relationship

1. Partners in a live-in relationship within Gujarat, regardless of their residency status,

may submit a statement of the relationship to the Registrar within the jurisdiction where
they reside.

2. Residents of Gujarat who are in a live-in relationship outside the State must submit a
statement of the relationship to the Registrar in the jurisdiction where they ordinarily
reside.

Section 43: Children of a live-in relationship - Any child of a live-in relationship shall be a
legitimate child of the couple.

Section 43: Duties of Registrar :

(1) Registrar has to maintain a list of document which contain the record of status of
couple who stays in live-in-relationship.
(2) Failure to (1) amount to offence , where registrar has to pay fine of 50,000 +
suspension from his duties.
 Miscellaneous
Section 44. Repeal and Savings

1. Except as provided in Section 2, all laws, practices, customs, or usages in force in the
State immediately before the commencement of this Code that are inconsistent with
this Code shall cease to have effect.

2. This Code does not affect any rights, responsibilities, or obligations that accrued or
proceedings that were initiated under laws in force before this Code's commencement.
Such proceedings shall continue under the existing laws, practices, customs, or usages
as of the commencement date of this Code.

3. For clarity, The Gujarat Compulsory Registration of Marriage Act, 2010 (Gujarat Act
No. 19 of 2010) is repealed.

Section 45: Power to Make Rules

The State Government may, by notification in the Gujarat Gazette, establish rules to
implement the provisions of this Code.

These rules may include provisions for:

(a) Facilitating processes through electronic and digital systems, and enabling
submissions and applications via designated web portals,

(b) Promoting and ensuring the registration of marriages, including compulsory

registration for eligibility in government welfare schemes, and

(c) Any other matters necessary or prescribed by the rules.

 Schedule – 1
List 1

1. Mother.

2. Father's widow (step-mother).

3. Mother's mother.

4. Mother's father's widow (step grand-mother).

5. Mother's mother's mother.

6. Mother's mother's father's widow (step great grand-mother).

7. Mother's father's mother.

8. Mother's father's father's widow (step great grand-mother).

9. Father's mother.

10. Father's father's widow (step-grandmother).

11. Father's mother's mother.

12. Father's mother's father's widow (step great grand-mother).

13. Father's father's mother.

14. Father's father's father's widow (step great grand-mother).

15. Daughter.

16. Son's widow.

17. Daughter's daughter.

18. Daughter's son's widow.

19. Son's daughter.

20. Son's son's widow.

21. Daughter's daughter's daughter.

22. Daughter's daughter's son's widow.

List 2

1. **Great-Grandparents (Paternal Line)**

- Father's father's father.

- Father's father's mother's husband (step great-grandfather).

2. **Grandparents (Paternal Line)**

- Father's father.

- Father's mother's husband (step-grandfather).

3. **Parents**

- Father.

- Mother’s husband (step-father).

- Mother’s father.

- Mother’s mother’s husband (step-grandfather).

4. **Children**

- Son.

- Daughter’s husband.

- Son’s son.

- Son’s daughter’s husband.

- Daughter’s son.

- Daughter’s daughter’s husband.

 - Son’s son’s son.

- Son’s son’s daughter’s husband.

- Son’s daughter’s son.

- Son’s daughter’s daughter’s husband.

- Daughter’s son’s son.

- Daughter’s son’s daughter’s husband.

- Daughter’s daughter’s son.

- Daughter’s daughter’s daughter’s husband.

5. **Siblings**

- Brother.

- Brother’s son.

- Sister’s son.

- Mother’s brother.

- Father’s brother.

- Father’s brother’s son.

- Father’s sister’s son.

- Mother’s sister’s son.

- Mother’s brother’s son.

6. **Extended Family (Paternal Line)**

- Father’s mother’s father.

- Father’s mother’s mother’s husband (step-great-grandfather).

7. **Extended Family (Maternal Line)**

- Mother’s father’s father.

- Mother’s father’s mother’s husband (step-great-grandfather).

- Mother’s mother’s father.

- Mother’s mother’s mother’s husband (step-great-grandfather).

This order represents the family members starting from the most distant ancestors to the
immediate family and descendants.