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Report No. 110

Chapter 3

Preliminary (Sections 1 to 3)

I. Title and Definitions

3.1. Scope.- This Chapter will deal with certain preliminary matters.

3.2. Section 1-short title.-

Section 1 deals with the short title of the Act and, in accordance with the practice then in force, the word "Indian" occurs as a part of the short title. The practice in modern times is, however, different. We recommend that the word "Indian" should be omitted from the short title, in conformity with recent practice. It may be noted that when revising earlier Acts also recent legislative practice has been to delete the word "Indian" from the short title.

3.2A. Suggestion received regarding Goa.-

In the comments received on the Working Paper, one of the comments forwarded with the letter of the Catholic Bishops Conference of India1 raises certain issues and points concerning the application of Succession Act to Goa. It has, for example, been stated that in Goa, Christians, Hindus and Muslims are subject to the same law and if the Succession Act is made applicable to Goa, it will create unnecessary divisions on communal lines. In this context, we may mention that a proposal regarding the application of Succession Act to Goa is not being made in this Report, nor was any such proposal contained in the Working Paper issued by the Commission on the subject.

1. Catholic Bishops Conference of India, letter dated 3rd October, 1984.

3.3. Definitions in section 2.-

Section 2 contains definitions of certain important expressions used in the operative provisions of the Act. It would be of interest to classify them according to the subjects to which they relate. Two of the definitions-clauses (a) and (c)-deal with certain functionaries acting under a will. One of the definitions-clause (bb)-deals with a judicial functionary.

Three of the definitions deal with certain fundamental concepts relating to wills-clauses (b), (f) and (h). Two deal with certain classes of persons-clauses (d) and (e). Two are territorial-clauses (cc) and (g). Before discussing the existing definitions, it is necessary to consider certain points indicating the need for the insertion of new definitions.



The Indian Succession Act, 1925 Back




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