The Law Reports (Volume 41 ); Indian Appeals. Being Cases in the Privy Council on Appeal from the East Indies

9781235792229: The Law Reports (Volume 41 ); Indian Appeals. Being Cases in the Privy Council on Appeal from the East Indies
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1874 Excerpt: ... Kunwar (1) that the will there in question authorized the elder J. c. wife to adopt, it was not suggested that a joint authority would 1913 be invalid; on the contrary Lord Macnaghten uses these words: Venkata "if the testator intended to commit the selection and adoption Narasimha r Appa Row to his two widows jointly, it is singular that no provision was . Parti i.a. made in case of disagreement." The recent decision of the Calcutta Sarathy High Court in Sarada Prosad Pal v. Rama Pati Pal (2) is directly APPA Eowin point. The religious grounds for desiring that an adoption should be made, referred to in Huradhun Mookurjia v. Muthoronath Mookurjia (3), raise a strong presumption that the power to adopt was intended to be effective notwithstanding the death of one widow. Indian deeds and wills should be liberally construed so as to give effect to the real meaning of the parties--Hunoomanpersaud Panday v. Mussamat Babooee Munraj Koonweree (4)--and this rule has been expressly applied in the case of a will shewing an intention that an adoption should be made to the testator; Kannepalli Suryanarayan v. Pucha Venkata Ramana. (5) The English law as to powers is not to be applied generally to Hindu wills: Bai Motivahoo v. Bai Mamoobai (6); Bhagabati Barmanya v. Kali Charan Singh. (7) Since the decision of the last named case the passage in Mayne's Hindu Law, 7th ed. p. 144, 114, to the effect that a widow's authority to adopt is exhausted so soon as she has made a single adoption, is erroneous. Reference was also made to Sarkar's Hindu Law of Adoption (Tagore Lect., 1888), ed. 1891, pp. 245 and 246. Sir R. Finlay, K.C., in reply. It is no technical rule of equity which the appellants rely on, but the broad consideration that where a testator has entru...

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