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Report No. 110

22.7. Recommendation to amend sections 138-140.-

We have one recommendation to make with reference to these sections, which is common to all the sections. The word used in these sections is 'fund', which would seem to suggest only movables. In our opinion, there is no reason1-2 why the sections should not apply to immovable as well as to movable property. It is desirable to incorporate this change in the sections by substituting, in place of the word 'fund' the word 'property' (with necessary consequential changes). We recommend that sections 138 to 140 should be amended accordingly.

1. Anantha v. Nagamuthu, 1881 ILR 4 Mad 200 (Hindu Law).

2. See also Mokoondo Lal v. Ganesh, 1876 ILR 1 Cal 104 (Hindu Law).

The Indian Succession Act, 1925 Back

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