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Report No. 110

6.2. Relationship with legislation relating to married women's property.-

In course of time, these rules of the common law were considered anachronistic and they have been gradually abrogated by reforms effected by statute in almost all countries in the common law fold. In India, such a reform was effected by the Married Women's Property Act1. The sections under consideration also represent a statutory reform of the law on the same subject. The underlying object being the same, namely, to provide that marriage, as such, shall have no effect on proprietary rights, this part of the Succession Act should therefore be read in conjunction with legislation relating to the property rights of married women.2

1. Law Commission of India, 66th Report (Married Women's Property Act, 1874).

2. Married Women's Property Act, 1874.

The Indian Succession Act, 1925 Back

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