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Report No. 110

32.5. Delivery of document.-

Certain controversies have arisen in England as to how far the delivery of a document is enough to constitute a gift of the thing to which the document relates, particularly shares. However, these are not material for the present purpose. The essence of the requirement is transfer of possession (delivery by the donor to the donee by way of a conditional gift).

32.6. Section 191-Applicability to Hindus.-

It may be noted that section 191 does not, at present, apply to Hindus etc1. The matter, would as regards Hindus, be governed by uncodified law. The position is, in this regard, at present, obscure. The case law2 on the subject is scanty and does not throw much light. We propose to consider the question of extending the section to Hindus and in that context, to deal with Hindu Law on the subject.

1. Bhaskar v. Saraswati Bai, 1892 ILR 17 Born 486.

2. See Third Schedule.

The Indian Succession Act, 1925 Back

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