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Report No. 66

V. Indian Succession Act, 1925

15.8. Succession Act.-

We now deal with the question whether any changes are needed in the Indian Succession Act, 1925. Our recommendations in regard to the Act of 1874 raise certain questions relating to sections 20, 21 and 22 of the Succession Act. (All these sections are confined, practically, to non-Hindu and non-Muslims). The following points may be made in this connection.

(a) In theory, section 20 could be repealed, in view of the proposed comprehensive provisions relating to property of the married women; but the subject dealt with in section 20 is also dealt with in section 21 (see below).

(b) Repeal or transfer of section 21 creates some difficulties, because

(i) it is itself referred to in section 22-which deals with marriage settlements-of different topic; and

(ii) section 21 contains a rule of private international law, more appropriate in the Succession Act.

(c) Section 22 deals with marriage settlements-which is a topic outside the scope of the present Report.

In view of the above considerations, we do not propose to disturb these sections of the Succession Act, and we have come to the conclusion that they need not be repealed or amended. The over-lapping, if any, between section 20, Succession Act and new section 2 of the proposed Act (replacing the 1874 Act), is a very minor one. We would like to place on record our warm appreciation of the valuable assistance we have received from Shri Bakshi, Member-Secretary of the Commission in the preparation of this Report.

P.B. Gajendragadkar, Chairman.

P.K. Tripathi, Member.

S.S. Dhavan, Member.

S.P. Sen-Varma, Member.

B.C. Mitra, Member.

P.M. Bakshi, Member-Secretary.

New Delhi,

Dated: 12th May, 1976.



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