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Report No. 66

8.24. Intention should be expressed in the policy.-

It would appear that the intention to benefit the wife and children must be expressed in the policy, and not in the proposal. In one Madras case1, in the insurance policy, against the column "to whom payable", appeared the words "to the person or persons legally entitled thereto". It was contended by the defendant that a trust arose under section 6 of the Married Women's Property Act. It was, however, held by the High Court that the requirements of section 6 had not been fulfilled. There was no mention in the policy of the wife and children, but there was a statement in the proposal form that the object of the policy was "for the maintenance of the family". It was held:

"Although, where the intention clearly appears that a trust is to be created, the law does not require that the wards used should be identical with those occurring in the statute, it is impossible to hold in the present case that the requirements of the section have been fulfilled section enacts that the trust should appear "expressed on the face" of the document, that is to say, that the words used should be plain and unambiguous. For whatever purpose the policy may be governed by the terms of the application that preceded it, for the purpose of the Married Women's Property Act the only document that can be looked at is the policy".

No trust was, therefore, held to have been created in favour of the wife.

1. Krishnamurthy v. Anjayya, AIR 1936 Mad 635.

Married Womens Property Act, 1874 Back

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