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Report No. 110

V. Other Aspects of Conflict of Laws

4.21. Other aspects.-

There may be other aspects of conflict of laws concerning the validity of wills, such as capacity to make or revoke testamentary dispositions, the permissible types of dispositions, the right to contest them and the legal consequences of defective execution in general. Legal thinking on these matters is still in the process of crystalisation. We do not, at present, therefore, recommend any provision on these subjects.

4.22. List of sections dealing with international aspect of succession.-

It may, finally, be mentioned as a matter of interest, that several sections of the Succession Act deal with the "international" aspects of succession. The following is an illustrative List:

Section 51

(Law regulating succession to deceased person's immovable and movable property respectively)

Section 218

(To whom administration may be granted, on intestacy)

Section 219(g)

(Rules for the grant of administration in respect of property in India, though the law of domicile is different)

Section 232

(Grant of administration to universal or residuary legatees)

Sections 270-271

(Basis of jurisdiction of the district Judge under the Act)

Section 324

(Application of movable property to the payment of debts, where domicile not in India)

Section 367

(Transfer of assets from India)

Recommendations for amendment, wherever needed in these sections, would be made the appropriate place.

1. Cf. paras. 4.10, to 4.19, supra, for recommendation for amending section 5.

The Indian Succession Act, 1925 Back

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