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Report No. 81

2.10. Need for repeal of section 2 as regards rights of inheritance.-

It is not necessary to enter into a controversy whether section 2 of the Act of 1856 has been abrogated by the Hindu Succession Act1, or whether section 2 applies to a widow having an absolute estate. If section 2 has not been abrogated and applies to a widow having an absolute estate, then a fortiori it must be expressly repealed. It cannot be allowed to stand so as to give the anachronic result of the divestiture, on the re-marriage of a widow, of the estate devolving on her by succession under the Hindu Succession Act, 1956. The repeal of the section would set at rest whatever conflict of opinion has arisen2 on the construction of the section and its applicability to a widow having an absolute estate.

1. Para. 2.8, supra; see also Harabati v. Sasadhar, AIR 1977 Ori 142.

2. See para. 2.9, supra.

Hindu Widows Re-marriage Act, 1856 Back

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