Report No. 66
1.8. Section 4, Indian Succession Act, 1865.-
These disabilities of the wife were abolished by the enactment of section 4 of the Indian Succession Act, 1865-later replace1 by section 20 of the Indian Succession Act, 1925. As regards Hindus, Muslims and other communities mentioned above, it was not considered appropriate to deal with the matter by legislation, because they were governed by their personal law. For this reason, section 2 of the Married Women's Property Act, 1874, excluded those communities from the operation of section 4 of the Indian Succession Act, 1865. This exclusion has been re-enacted in section 20(2)(b) of the Indian Succession Act, 1925. Consequently, section 393 (9th Schedule) of the Indian Succession Act, 1925, has repealed section 2 of the Married Women's Property Act, 1874.
1. Para. 5.2, infra.
Back
