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1 - 10 of 14 (0.26 seconds)Hindu Wills Act, 1870
Constitution of India
Section 2 in Hindu Wills Act, 1870 [Entire Act]
Section 3 in Hindu Wills Act, 1870 [Entire Act]
Radha Prasad Mallick vs Ranimoni Dasi on 1 August, 1910
The disposition was, therefore, not in favour of an unborn person [in which case it might be invalid according to the decision in Radha Prasad v. Ranimoni 11 Ind. Cas. 67 : 39 C 87 : 14 C.L.J. 20 : 15 C.W.N. 945 and the only objection raised was that the lady did not answer the description of "son's wife" at the date of the testator's death. In those, circumstances, the transfer would be void under the first part of Section 99 of the Succession Act, but it would be valid under the exception to that section, if the relationship of daughter-in-law could be held to fall within the meaning of the word "kindred". On behalf of the party who attacked the validity of the disposition, it was contended that the exception to Section 99 cannot be availed of in that case, as the result of that course would be to enable a Hindu testator to make a disposition which he could not have made, before 1870, and this it was contended, was opposed, to Section 3 of the Hindu Wills Act. The judgment of Mukerjee, J., in that case, therefore, deals mainly with Section 3 of the Act and not with Section 2.
Dinesh Chandra Roy Chowdhury vs Biraj Kamini Dasee on 16 May, 1911
6. The argument based upon Dinesh Chandra Roy Chowdhury v. Biraj Kaminia Das 11 Ind. Cas. 67 : 39 C 87 : 14 C.L.J. 20 : 15 C.W.N. 945 is not really supported by that decision. The disposition there in question had been made by a testator to the would-be wife of his son. The son married only after the testator's death, but the girl he so married had in fact been born before the testator's death.