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Report No. 110

VI. Recommendation

49.23. Recommendation to insert section 390A.-

On a consideration of the material summarised above we have come to the conclusion that a new section on the subject discussed above should be inserted in the Act in the following terms:-

"390A. (1) A person who causes the death of any person by committing culpable homicide, whether amounting to murder or not, or abets the commission of such homicide, shall he disqualified from inheriting, or from taking as a legatee,-

(a) the property of the person whose death is so caused; or

(b) any other property in furtherance of the succession to which he or she1 committed or abetted the commission of such homicide.

(2) Nothing in this section applies2 to persons to whom section 25 of the Hindu Succession Act, 1955 applies.

1. The words "or she" are strictly speaking unnecessary, having regard to section 13, General Clauses Act, 1897. However, in the Succession Act, expressions indicating males do not at most places, include females. Hence it is better to use specific words covering females.

2. The proposed section should apply in all cases where the section 25, Hindu Succession Act, does not apply.

The Indian Succession Act, 1925 Back

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