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Report No. 110

35.31. Recommendation for amending section 241.-

In our opinion, it is desirable that the controversy should be resolved by amending section 241 so as to add1 an Explanation to the effect that (a) section 241 will apply also where the case falls under section 228 and (b) if the case falls under section 228, a copy of the will is to suffice and the original need not be produced.

1. To be carried out under section 241.

35.32. Section 229 to 231.-

Sections 229 to 231 deal with renunciation. Although section 230 is applicable only in the case of an executor, and there is no corresponding provision in the act with regard to an administrator, still there is no reason why the principle of these sections should not apply to an administrator. In English law and practice, there is, as regards the right of renunciation, no distinction made between the case of an executor and that of an administrator, and the same rule should apply in India.

As regards the withdrawal of renunciation, the rule is that a renunciation by an administrator cannot be withdrawn without the leave of the court, and he can be allowed to withdraw only in a fit and proper case and not merely on the ground that he has changed his mind1.

1. The Manchersa, AIR 1929 Born 33 (34) (Rangnekar, J.).

The Indian Succession Act, 1925 Back

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