BAI GULAB Vs. THAKORELAL PRANJIVANDAS

JUDGEMENT

(1.) The question in this appeal is whether a Hindu minor is competent to make a will. The right of a Hindu to make a will is based upon the principle that he is competent to make a disposition of his property to take effect after his death to the same extent to which he can make a disposition of it in his own life-time as a gift. It is clear law that a Hindu minor cannot make a gift of his property in his life- time. If that is so, it follows that he cannot make a will in respect of that property.

(2.) But it is argued in the present case that though the testatrix, having been under eighteen years of age, was a minor according to the Indian Majority Act, she was more than fourteen years old and that, therefore, under the Hindu Law she was not a minor. On that ground we are asked to hold that, according to that law, she was competent to make a will.

(3.) But the Indian Majority Act has modified the Hindu Law on the question of minority except in respect of dower, divorce, marriage and adoption.