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Report No. 82

1.5. Declaration under section 6, Married Women's Property Act, 1874.-

Secondly, in regard to a person who has or contemplates a family, section 6 of the Married Women's Property Act, 1874, creates another special mode of dealing with the benefits to accrue under a policy. Under that section, the assured can make what may be conveniently called a "declaration" of trust in favour of his wife or children or both. Where that section is utilised, the wife or children or both, as the case may be, become entitled to the benefits under the policy, without an assignment of the nature contemplated1 by section 38 of the Insurance Act. This mode of dealing with the policy also need not detain us. Section 6 of the Married Women's Property Act has, no doubt, created certain questions of interpretation which the Law Commission has already dealt with in an earlier Report entirely devoted to that Act.2 For the present purpose, those questions need not be gone into.

1. Para. 1.4, supra.

2. Law Commission of India, 66th Report (Married Women's Property Act, 1874).



Effect of Nomination under Section 39 of the Insurance Act, 1938 Back




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