A Digest of the Hindu Law of Inheritance, Partition, and Adoption

Education Society Press, 1884 - 1449 pàgines

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Pàgina 670 - With us in England, till modern times, a man could only dispose of one-third of his moveables from his wife and children ; and, in general, no will was permitted of lands till the reign of Henry the Eighth ; and then only of a certain portion ; for it was not till after the Restoration that the power of devising real property became so universal as at present.
Pàgina 963 - Equally loose is the reason alleged against adoption by a widow, since the assent of the husband may be given, to take effect (like a will) after...
Pàgina 969 - Further, their lordships pointed out that, inasmuch as the authorities in favour of the widow's power to adopt, with the assent of her husband's kinsmen, proceed in a great measure upon the assumption that his assent to this meritorious act is to be implied wherever he has not forbidden it; so...
Pàgina 812 - ... subject to the control of his sons and the rest in regard to the immovable estate, whether acquired by himself or inherited from his father or other predecessor...
Pàgina 622 - That where joint ancestral property has passed out of a joint family, either under a conveyance executed by a father in consideration of an antecedent debt, or in order to raise money to pay off an antecedent debt, or under a sale in execution of a decree for the father's debt, his sons, by reason of their duty to pay their father's debts, cannot recover that property, unless they shew that the debts were contracted for immoral purposes, and that the purchasers had notice that they were so contracted...
Pàgina 854 - The wife and the daughters .also, both parents, brothers likewise, and their sons, gentiles, cognates, a pupil, and a fellow student ; on failure of the first among these the next in order is indeed heir to the estate of one who departed for heaven leaving no male issue. This rule extends to all [persons and] classes..
Pàgina 1176 - In this case no issue raises the question that the consents were purchased, and not bond fide obtained. The rights of an adopted son are not prejudiced by any unauthorized alienation by the widow which precedes the adoption which she makes ; and though gifts improperly made to procure assent might be powerful evidence to show no adoption needed, they do not in themselves go to the root of the legality of an adoption.
Pàgina 1005 - Their Lordships do not think there is any ground for saying that the consent of every kinsman, however remote, is essential. The assent of kinsmen seems to be required by reason of the presumed incapacity of women for independence rather than the necessity of procuring the consent of all those whose possible and reversionary interest in the estate would be defeated by the adoption. In such a case, therefore, their Lordships think that the consent of the father-in-law, to whom the law points as the...
Pàgina 809 - Therefore, since it is denied, that a gift or sale should be made, the precept is infringed by making one. But the gift or transfer is not null: for a fact cannot be altered by a hundred texts.
Pàgina 1171 - Such child may be provided for as a person whom the law recognizes as in existence at the death of the Testator, or to whom, by way of exception, not by way of rule, it gives the capacity of inheriting or otherwise taking from the Testator, as if he had existed at the time of the Testator's death, having been actually begotten by him.

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