Report No. 81

2.12. Effect of section on testamentary disposition.-

In regard to the application of section 2 to testamentary dispositions, we may note that section 30 of the Hindu Succession Act provides that any Hindu may dispose of, by will or other testamentary disposition, any property in accordance with the provisions of the Indian Succession Act, 1925 or any other law for the time being in force applicable to Hindus. Disabilities in regard to such dispositions would therefore be governed by the Indian Succession Act1, or other law where applicable and unless a Will specifically provides for forfeiture of a bequest on re-marriage, there would be no statutory forfeiture of the bequest. This part of section 2 of 1856 Act is, therefore, not in keeping with the Indian Succession Act and should be scrapped.