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Report No. 110

35.20. Need to amend the section.-

We are of the view that the section should be made as comprehensive as possible. In any case, it appears to be desirable to revise the section so as to indicate specifically which corporate bodies can, or cannot, be granted probate. As regards companies, the existing restriction may continue. As regards other corporate bodies, it is enough if the corporate body applying for probate is competent to accept probate in law-a question primarily to be decided with reference to the law governing its constitution.

35.20A. Section 223, and the point relating to the Church.-

In a suggestion forwarded to us by the Catholic Bishops' Conference of India1, it has been stated that the Church will have to frame rules, if it is to be legally empowered to seek probate. The relevant paragraph in the letter is somewhat unintelligible, but this seems to be its purport. In this connection, we may point out that the law can merely provide for the capacity of corporations as recognised in the legal system. Internal formalities, such as rules, will, of course, have to be observed by the concerned agencies or authorities within the Church, assuming that a particular Church is recognised as a corporation in law.

1. Catholic Bishops Conference of India, letter dated 3rd October, 1984.

The Indian Succession Act, 1925 Back

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