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Report No. 247

Conclusion. Institutions of 'succession', no doubt is primarily connected with property, but it equally serves 'a variety' of values cherished by a free society. These include reinforcement of family ties and responsibilities economic and social pluralism.

As pointed out by the Commission in its earlier report (110th) that at more fundamental level the institution of succession is a proper response of the society to elemental motives ranging from concerns for one's immediate family to a desire to extend one's personality far beyond death and established patterns of inheritance may be the least objectionable means of deciding the ownership of property on a person's death. However, it be not overlooked that transfer of substantial wealth tend to conflict with basic social values, including equality of opportunity, dispersal of economic power and avoidance of rigid class distinctions.

Tested on the last parameter as just identified the existing provisions in Sections 42 to 46 of Indian Succession Act are archaic in nature and foster an approach that solidify distinctions based on gender and thus prejudicial and unfair to status of women and Christian mother of deceased intestate in present context. Changes suggested would make law more reflective of rising social awareness in Christian community and of needs of changing times.

Sections 41 to 48 of the Indian Succession Act, 1925 - Proposed Reforms Back

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