THE SUCCESSION (NON- CHRISTIAN ASIATICS) ACT

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.551
CHAPTER 28
THE SUCCESSION (NON-CHRISTIAN ASIATICS) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2–5. Repealed.
6. Succession to property of deceased Non-Christian Asiatics.
7. Saving of titles acquired for value.
8. Ascertainment of law of religion.

. Repealed.
6. Succession to property of deceased Non-Christian Asiatics.
7. Saving of titles acquired for value.
8. Ascertainment of law of religion.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.552
CHAPTER 28
THE SUCCESSION
(NON-CHRISTIAN ASIATICS) ACT
An Act to regulate succession on death to property of Non-Christian
Asiatics.1
[30th March, 1923]
Ords. Nos. 12 of 1923
2 of 1943
44 of 1947
Act No. 5 of 1971
[R.L. Cap. 112]
1 Long title was amended by Act No. 5 of 1971 Sch. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Succession (Non-Christian
Asiatics) Act. 2-5. [Repealed by Act No.

ct No. 5 of 1971 Sch. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Succession (Non-Christian
Asiatics) Act. 2-5. [Repealed by Act No.

5 of 1971 Sch.]
6.–(1) Subject to the provisions of this Act or any other Act
or applied Act in force in Mainland Tanzania, the succession
to the movable property in Mainland Tanzania of a deceased
Non-Christian Asiatic who at the time of death is domiciled
in Mainland Tanzania and to the immovable property in
Mainland Tanzania of such a Non-Christian Asiatic whether
or not domiciled in Mainland Tanzania at the death, shall be
regulated by the law of the religion professed by that Non-
Christian Asiatic at death:
Provided that-
(a) so much of the law of any religion as deprives any
person of a right of succession to property by reason of
Short title
Act No. 5 of 1971 Sch. Repealed
Succession to
property of
deceased Non-
Christian Asiatics

a right of succession to property by reason of
Short title
Act No. 5 of 1971 Sch. Repealed
Succession to
property of
deceased Non-
Christian Asiatics

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.553
THE SUCCESSION (NON-CHRISTIAN ASIATICS) ACT [CAP. 28 R.E. 2023]
that person having renounced or having been excluded
from the communion of any religion or having been
deprived of caste shall not be in force in Mainland
Tanzania; and
(b) every creditor shall have the same rights and remedies
against the estate of a deceased Non-Christian Asiatic,
including the right to follow assets, as the creditor has
against the estate of a deceased Christian. (2) This section shall apply to the estate of a Non-Christian
Asiatic who died before the commencement of this Act in like
manner as it applies to the estate of a Non-Christian Asiatic
who dies after the commencement of this Act:
Provided that, no part of an estate which has been distributed
before the commencement of this Act shall be recoverable by
reason only of any alteration in the law effected by this Act. (3) This section shall not apply to Jews. 7. Alteration in law effected by this Act shall not affect any title
to property acquired for value before the commencement of
this Act.

pply to Jews. 7. Alteration in law effected by this Act shall not affect any title
to property acquired for value before the commencement of
this Act.

8.–(1) For the purposes of this Act, the law of the religion
of any person shall be that law subject to any special custom
recognised and adopted by persons of that religion domiciled
in Tanzania, or, in the case of a Hindu, by members of the caste
so domiciled. (2) A court may ascertain the law of any religion or any
custom by any means which it thinks fit, and may act on
information which appears to the court to be credible though
it is not legal evidence, and in case of doubt or uncertainty the
court may decide as the principles of justice, equity, and good
conscience may dictate. Saving of titles
acquired for value
Ascertainment of
law of religion

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.