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Report No. 110

10.7. Recommendation to amend sections 5 and 55.-

In sections 54(d) and 55, it is provided that in cases falling under these sections, the property shall be so distributed that each male shall take double the share of each female standing in the same degree of propinquity. For the reasons given by us in regard1 to section 51, we recommend that sections 54(d) and 55 should also be amended so as to remove the disparity in shares based solely on sex.

It is interesting to note that under section 56, where there is no relative entitled to succeed under the other provisions of this Chapter, the property shall be divided equally among those of the intestate's 'relatives' who are in the nearest degree of kindred to him. "Relatives" will undeniably include relatives of either sex.

1. See recommendation as to section 51 (Para. 10.6, supra).

The Indian Succession Act, 1925 Back

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