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Report No. 110

35.6. Recommendation to amend section 218.-

We are of the opinion that it is desirable to clarify, the position, in view of the conflict of decisions on the subject1. The Punjab view may, on a literal construction of the section, be correct. But if the law is to be clarified, the choice, we think, should be in favour of the Madras view, which is more practical and more convenient. We, therefore, recommend that the Madras view should be adopted, by amending section 218 in a suitable manner. This could be done by inserting an Explanation to section 218 in the following terms:

"Explanation-Where the property of a Hindu undivided coparcenary passes by survivorship to the sole surviving coparcener, the sole surviving coparcener shall, for the purposes of this section, be deemed to be a person entitled to the estate of the person on whose death the property so passes, and shall accordingly be entitled to apply for letters of administration under this section".

1. See para. 35.4, supra.

The Indian Succession Act, 1925 Back

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