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Dinesh Chandra Roy Chowdhury vs Biraj Kamini Dasee on 16 May, 1911 cites

Nafar Chandra Kundu And Ors. vs Ratnamala Debi on 5 September, 1910

Under these circumstances, according to the principles of Hindu law as explained in the case of Nafar Chandra Kundu v. Ratnamala Debt (1910) 13 C.L.J. 85 : 15 C.W.N. 66, the disposition may be sustained. The learned vakil for the appellant has, however, argued that as the disposition is contrary to the provisions of Section 99 of the Indian Succession Act, which was made applicable to Hindus by Section 3 of the Hindu Wills Act, it is invalid, notwithstanding any principles of Hindu law to the contrary. This position has been strenuously controverted by the learned vakil for the plaintiffs respondents, who has further argued that if Section 99 of the Indian Succession Act be held to be applicable, the disposition is covered by the exception to that section, and must consequently be sustained. The argument addressed to us, on both sides, therefore, raises two questions of considerable importance, namely, first, whether Section 99 of the Indian Succession Act applies to the will of a Hindu and invalidates provisions made in accord with the principles of Hindu Law and, secondly, whether the exception to Section 99 applies to a case of this description.
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Ravaneshwar Prasad Singh vs Chandi Prasad Singh on 29 March, 1911

It is useful to remember in this connection that Hindu wills, as a rule, should be interpreted by Hindu law alone, without any mixture of laws or ideas derived from any foreign source, Bhyah Singh v. Bhyah Ugur Singh (1870) 13 Moo. I.A. 373, 390 : 5 B.L.R. 293 technical rules of English law, altogether foreign to Hindu Jaw and ideas, ought not to be applied in the construction of Hindu gifts and wills. Now the term "kindred," as pointed out in the Oxford Dictionary (Vol. V, page 702), though ordinarily employed to indicate relationship by blood or descent, is occasionally, though perhaps not very correctly from the point of view of the technicalities of English Jurisprudence, used to indicate relationship by marriage, and reference is made to a passage from Green (Short History, B III, Section 7, 148), in which the learned writer states: " A secret match with the King's sister raised him to kindred with the throne." It is not necessary, however, to rely upon what may, perhaps, be deemed a somewhat loose use of the expression kindred. But the same remark can hardly be applied to the definition of the term "next-of-kin" in the Administrator-General's Act, 1874. where it is made to include a widower as well as a widow. We are, however, on more solid ground when we bear in mind the conception of the marriage relationship as understood by Hindu jurists, and hold that a wife may be deemed as standing in the relation of kindred to her husband. In Chapter XI, Section 1, paragraph 2 of the Dayabhaya, Jimutavahana observes as follows:
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