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Report No. 57

6.21. Objective of avoidance of litigation.-

There is also no doubt that as regards avoiding litigation, a more direct approach is needed. In this connection, we may refer to a Bombay judgment,1 where it was stated as follows:-

"It may be observed that in the modern society the present system which ties up the property and permits frauds to be committed has no place. If the Legislature has made great inroads in the matter of personal life of the people, we do not see why it cannot now change the joint family property law. Moreover, the law permitting and recognizing benami transactions results in a lot of wasteful litigation and enables all sorts of frauds to be committed. Day in and day out, after years of transactions, suits are raised challenging the alienations of a father as being not for legal necessity. Similarly, if a transaction is completed and money received, someone raises his head and says he is the owner and often, notice of such title is even falsely alleged. Is it now time that this branch of the law was reformed. This will reduce much wasteful litigation, and the Courts will be able to do better and more fruitful work."



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