']80 F. REATINGE economic holding could b.e transferred to any person, law of sueeession that wall prevent its sub-divison in a?l eases, whatever the law of suecession to which the traus- feree is subject, is required. The difficulty eaunot apparently be snrmounted exeept by enacting special rules of succession for economic holdings. Some provisional rules for this purpose have been set out in the schedule, bnt they are intended merely as an example of what is indicated, for it is felt that the matter is one which can more satisfactorily be dealt with later, when tho? classes of the community who will be affected have bad au opport?mity of' expressing their opinions ou the bill. THE SCHEDULE 1. The sueeession is traeed from the person last entitled to the holding. 2. The suecession is in the first plaee to the issue !ineally .of the person last entitled to the holding, the male ?ssue bemg preferred to the female. 8. Where there are two or more heirs in e,lnal degree, the eldest only succeeds. 4. The lineal descendants o[ any person deceased represent their aneestor, that is to say, they oeeupy the same position as he would ha?e oeeupied i[ he had been alive. 5. On [ailure of lineal deseendants, the nearest lineal aneestor sueeeeds. 6. A paternal anees?or and his deseendants are preferred to. a maternal aueestor; a male paternal or maternal aneestor w?th his deseendants is preferred to a female paternal or maternal aneestor respectively. 7. Illegitimate relationship is not reeoguised. 8. A person related by the half blood is eapable of being the heir and stands in the order o? sueeession next after any relation in the same degree o! the whole and his issue where the eom?non aneestor is a male, and next after the eommon aueestor where the eom. mou aneestor is a leaale. 9. Adoption is reeognized whenever it. wonld be recognized under the law of sueeession to whieh the parties are snb- jeer in eases not governed by this aet.
Page:Indian Journal of Economics Volume 2.djvu/242
This page needs to be proofread.
![](http://upload.wikimedia.org/wikipedia/commons/thumb/4/42/Indian_Journal_of_Economics_Volume_2.djvu/page242-1024px-Indian_Journal_of_Economics_Volume_2.djvu.jpg)