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Report No. 110

17.16. Section inconsistent with social notions.-

prima facie, the section does not appear to be consistent with modern social notions, Whether a person should, or should not, prefer charity to near relatives, is a matter which may better be left to his discretion, rather than be restricted by rigid statutory provisions.

The minimum interval of 12 months required by the section, and the compulsory formality of deposit of the will in safe custody could also cause hardship, in cases where death comes suddenly or without a prolonged illness. No doubt, the number of persons making charitable bequest is of a considerable value may not be very large. Nevertheless, the above difficulties do require serious consideration.

The Indian Succession Act, 1925 Back

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