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Report No. 110

30.3. Departure from English law deliberate.-

This departure from English law was deliberate, as is evident from the Report of the Law Commission1. The Law Commissioners regarded the English rule as objectionable and inapplicable to India, and wished to avoid the difficult enquiry as to the intentions of the testator which has to be undertaken according to the English rule.

We are now in a position to discuss the section proper.

1. Report of the Law Commission, 23rd June, 1863, Gazette of India-1st July, 1864, p. 54.

30.4. Sections 177 and 178.-

This takes us to section 177. Sections 177 and 178 may be considered together. They read-

"177. Where a debtor bequeaths a legacy to his creditor, and it does not appear from the will that the legacy is meant as a satisfaction of the debt, the creditor shall be enticed to the legacy, as well as to amount of the debt."

178. Where a parent, who is under obligation by contract to provide a portion for a child, fails to do so, and afterwards bequeaths a legacy to the child, and does not intimate by his will that the legacy is meant as a satisfaction of the portion, the child shall be entitled to receive the legacy, as well as the portion.

Illustration

A, by articles entered into in contemplation of his marriage with B, covenanted that he would pay to each of the daughters of the intended marriage a portion of 20,000 rupees on her marriage. This covenant having been broken, A bequeaths 20,000 rupees to each of the married daughters of himself and B. The legatees are entitled to the benefit of this bequest in addition to their portions."



The Indian Succession Act, 1925 Back




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