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Report No. 66

Married Women's Property Act, 1874

Contents
Chapter I Introductory
1.1 Scope of the Report
2. Reason for revision
3. Application of the Act of 1874
4. Need for amendment of section 6
5. Economic aspects of family law
6. Inferiority of women
7. Need for widening section 7
8. Section 4, Indian Succession Act, 1865
9. Object
10. Equitable intervention with rules of common law and subsequent developments in England
11. Present position in England
12. Position in India
Chapter 2 History of English Law on The Subject
2.1 Introductory
2. Property
3. Property of married woman-English statutes
4. Acts of 1892 and 1935-provisions as to property
5. Act of 1935-Provisions as to property
6. Restraint on anticipation
7. Contracts
8. Statutory provision as to contracts
9. Act of 1935-provision as to contracts
10. Position at common law
Chapter 3 Women's Position in India-Brief Historical Review
3.1 Introductory
2. Ideals of society
3. Two general observations
4. Heritable property
5. Position in Rome-Marriage with manus
6. Historical survey
7,8. First period (4000 B.C. to 1500 B.C.)
9,10. Second period (1500 B.C. to 500 B.C.)
11 to 13. Social status
14. Third period (500 B.C. to 500 A.D.)
15. Subordination of women not approved in some sayings
16. Position to Rome and other countries
17. Gupta age
18. Improvement in proprietary rights
19. Fourth period
20. Proprietary rights
23. Social position in general during fourth period
24. Hindu women in administration
25. Right of disposal
26. Scope of Stridhana
27. Fifth period (1801 to 1955 A.D.)
28. Property inherited by women
29. Limitations on woman's power of disposition
30. Concept in Mitakshara
31. Sixth period
32. Sir H. Maine's remarks on 'stridhana'
33,34. Examples of Greece
35 to 37. Muslim women
38. Legal position as to Muslim wome
39. Articles 15-16 of the Constitution
40. Case law
41,42. Gandhiji's views
43. Position of woman a reflection of the general social condition
44. Verse in the Rig Veda
45. Views as to dependence
Chapter 4 Scheme of the Act
4.1 Scheme of the 1874 Act
2. Sections 5 to 8
3. Sections 9-10
Chapter 5 Cognate Provisions in Other Acts
5.1 Introductory
2. Section 20, Indian Succession Act, 1925
3. Limited application of section 20
4. Section 21, Indian Succession Act, 1925
5. Sections 38-39, Insurance Act, 1938
6. Object of section 39(7)
7. Section 10, Transfer of Property Act-Restraint on anticipation
8. Position in equity
9. Concept of restraint complementary
10. Position regarding unmarried woman
11. Relax ation of the restraint-Act of 1881
12. Abolition of the restraint-Acts of 1935 and 1949
13. Provisions in the Trusts Act
Chapter 6 Extent and Application of Act of 1874
6.1 Sections 1 and 2-Extent and application
2. Recommendations to amend section 2 - Second paragraph
3. Case of inter-marriage where one party is governed by the Act
4. Section 2, third paragraph
Chapter 7 Married Women's Wages and Earnings
7.1 Section 4
2. Separate property-History of
3. Act of 1935
4. Recommendation to amend section 4 by removing the word "separate"
Chapter 8 Insurance by Wives and Husbands
8.1 Introductory
2,3. Section 5
4. Section 6
5. Section 6-Origin
6. Voluntary settlements
7. Section 11, Married Women's Property Act
8. Section 5, Married women's Property Act, 1847 and section 11, Married Women's Property Act, 1882
9. Section' 6 and actionable claims
10. Modes of assignment
11. Transfer of actionable claims
12. Assignment of policy essentially assignment of an actionable claim being of contract
13. Section 130-Transfer of property Act
14. Effect of section 38, Insurance Act, 1938
15. Question of trust considered
16. Difficulty in determining existence of trust
17. Significance of section 6-Statutory trust
18. Section 6 to be regarded as providing simpler mode of assignment
19. Effect of term in policy without statutory provision
20. Points of detail
21. Point (a)-endowment policies
22. Recommendation as to endowment policies
23. Point (b)-Meaning of the words "on the face of it"
24. Intention should be expressed in the policy
25. Madras cases
26,27. Other cases
28. Whether amendment feasible
29. Point-(c)(i)-Question as to formula to be used
30. Whether amendment feasible in regard to the formula to be used
31. Point (c)(ii)-Policy for benefit of children
32. Section 11 of the English Ad of 1882
33. Recommendation to amend section 6 in relation to children
34. Point (d)-Nomination made under section 39, Insurance Act, 1938
35. Illustrative cases from Andhra
36. Calcutta case
37. Effect of nomination
38. Madras case
39. Another Calcutta case
40. Assignment stating on different footing
41. Meaning of "object" of trust
42. Recommendation to amend the insurance Act
43. Point (e)-Revocation of nomination and surrender of policy
44,45. Point (f)-Whether contingent provision permissible
46. Recommendation
47. Point (g)-Cancellation of statutory trust
48. Recommendation-No change
49. Point (h)-Person who can sue
50. Recommendation to make the policy-holder a trustee
51. Point (i)-suit by widow without re-course to the official trustee
52. Recommendation as to official trustee
53. Point (j)-Section 39(7), Insurance Act
54. Recommendation to add another proviso to section 39(7), Insurance Act
55. Recommendation to amend section 6 to authorise creation of trust subsequently
56. Point (1)-Section 6-Creation of trust-Recommendation for verbal change in place of deeming provision
57. Point (m)-Right of creditors-Amendment recommended
58. Point (n)-Section 6(1)-Words referring to "object"-Amendments recommended
59. Section 6(2)-Various periods
60. Summary of recommendations in this chapter.-We may summarise the recommendations made in this Chapter as follows
61. Re-drafted of section 6(1)
Chapter 9 Legal Proceedings
9.1 Section 7
2. Verbal changes recommended
3. Section 7, latter half
4. Recommendation to make section 7 comprehensive as to liability
5. Recommendation to extend section 7 to Hindu and Muslim women
Chapter 10 Wife's Liability for Post-Nuptial Debts
10.1 Section 8
2. Recommendation
3. Section 8, proviso-Case law
4. Amendment of 1929
Chapter 11 Ante-Nuptial Debts
11.1 Section 9
Chapter 12 Husband's Liability for wife's Breach of trust or Devastation
12.1 Section 10
2. Recommendation
Chapter 13 Other Matters
13.1. Suits between spouses liability of wife to third parties and liability of husband for his wife's torts
Chapter 14 Recommended Amendments in The Act of 1874 by way of Simplification in a few Sections
14.1 Recommendations as to sections 4, and 7 to 10
Capacity of married women (Cf. section 1, English Act of 1935)
Chapter 15 Amendments in other Acts
15.1 Introductory
2. Section 10, Transfer of Property Act, 1882
3. Recommendation to amend section 10, Transfer of Property Act
4. Provisions in the Trust Act-Recommendation to amend
5. Section 39(7), Insurance Act, 1938
6. Nomination and trust
7. Section 39A, Insurance Act, 1938
8. Succession Act
Appendix 1 The Married Women (Property and Miscellaneous Provisions) Bill, 1976
1. Short title and extent
2. Capacity of married women
3. Property of married women
4. Abolition of husband's liability for wife's torts and ante-nuptial contracts, debts and obligations
5. Savings
6. Application of sections 2 to 5
7. Policies of insurance
8. Power to exempt
Appendix 2 Existing Sections 20 to 22, Indian Succession Act, 1925
Interests and powers not acquired not lost by marriage
Effect of marriage between person domiciled and one not domiciled in India
Settlement of minors' property in contemplation of marriage
Appendix 3 Section 11, Married Women's Property Act, 1882 (English)
Section 11, Married Women's Property Act, 1882 (English)
Appendix 4 Law Reform (Married Women and Tort-Feasors)act, 1935 (English)
Capacity of Married Women
Property of married women
Savings
Appendix 5 Married Women (Restraint upon Anticipation Act, 1949 (English)
Married Women (Restraint upon Anticipation Act, 1949 (English)
Schedules
1 and 2 Schedules Consequential Amendments
Appendix 6 Law Reform (Husband and Wife) Act, 1962 (English)
Actions in tort between husband and wife
Proceedings between husband and wife in respect of delict
Short title, repeal, interpretation, saving and extent


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