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Report No. 66

8.49. Point (h)-Person who can sue.-

Then, there is some, difficulty as to the person who can sue when the policy falling within section 6 matures, and there are no specific trustees:-

One view on the subject is that only the Official Trustee can sue.1 Unless the Official Trustee disclaims the trust, the widow cannot sue, according to this view.

(ii) The second view is that to enforce the provisions of this section, the trustee must be appointed either by the deed by the husband in his life-time or by the court under the Indian Trusts Act and the court is not bound to appoint the Official Trustee.2 This view seems to be based on the principle that the Official Trustees Act, 1913, which was passed later than the Married Women's Property Act, 1974, overrides section 6.

(iii) The third view is represented by a Madras judgment3 and a Calcutta case4, which hold that the trustee referred to in section 6 is not the corporation sole created by the Official Trustees Act, 1913.

1. Laxmi v. Sun Life Ass. Co. Ltd., AIR 1934 Mad 264 (265).

2. Hari Dassi v. Canadian Insurance Co., AIR 1937 Cal 379 (380) (infra).

3. AIR 1955 NUC (Mad) 3895.

4. Ashalata (in re:), AIR 1940 Cal 169 (170).

Married Womens Property Act, 1874 Back

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