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Report No. 110

50.3. Scope-First Schedule.-

We now come to the Schedules. The first schedule to the Act contains the table of consanguinity. It needs no change.

50.4. Second Schedule.-

The Second Schedule to the Act deals with the order of the next of kin. It also needs no change.

50.5. Third Schedule-Recommendation.-

The Third Schedule to the Act contains a list of the provisions of Part VI of the Act that are applicable to certain wills and codicils which are described in section 61. In view of the points discussed by us under various sections,1 certain changes will be needed in this schedule. Those changes should be carried out.

1. See for example, discussion as to sections 63-65, 91, etc.

50.6. Administration suit by heir-suggestion of Hindustani Mercantile Association considered.-

It has been suggested1 by a mercantile association that an administration suit should be permitted to be filed even by the heirs. So far as we can see, such a suit is permissible even under the present law in appropriate cases and a change in the law as such is not needed. In any case, the matter does not pertain to the Succession Act, but rather to the law of procedure.

1. Law Commission File No. F. 2(6)/84-L.C., S. No. 6A (Hindustani Mercantile Association, Delhi letter No. HMA/2241 dated 30th May, 1984).

The Indian Succession Act, 1925 Back

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