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Report No. 17

Chapter VI

Of the Rights and Liabilities of the Beneficiary

63. Section 55.- No change.

64. Section 56.-

The only point for consideration in connection with this section is whether the last paragraph in section 56 and the proviso in section 58, and the last paragraph of section 68 should be omitted. These are similar to the proviso to section 10 of the Transfer of Property Act, which embodies the English rule of restraint on the power of anticipation.1 In England, under the Married Women's (Restraint upon Anticipation) Act, 1949,2 the power of restraint on anticipation has been removed and the married woman holds the property now free from such restraint.

It is necessary, therefore, that the law in India should be brought in line with the law in England. We therefore recommend that the Trusts Act should be amended straightaway, removing the provisions relating to married women referred to above. We further recommend that section 10 of the Transfer of Property Act may be amended, bringing it on a line with the provisions of the (English) Married Women's (Restraint upon Anticipation) Act, 1949. We would like to emphasise the need for introducing the necessary amendment in the Transfer of Property Act at an early date, for the sake of uniformity.

1. See also section 20 of the Indian Succession Act, 1925.

2. 12, 13 and 14 Geo. 6, c. 78. See also Graveson: A Century of Family Law, p. 125.

Trusts Act, 1882 Back

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