A BRAHMAYYA Vs. CRATTAYYA

JUDGEMENT

(1.) Suit to set aside an adoption and to set aside certain alienation by the first defendant, a Hindu widow and heir of the last male owner Brahmanna, who died, according to the evidence (D.W. 1), 50 years ago. The Subordinate Judge dismissed the suit. The plaintiffs appeal.

(2.) The plaintiffs and 4 defendant are the daughter's sons of the deceased. The first point raised by the appellant is that the adoption is invalid as the assent of the nearest male heirs, of Brahmanna via., the daughter's sons (plaintiffs and 4th defendant) was not sought by the first defendant. In Southern India, in default of husband's authority, a widow may adopt with the consent of her husband's kindred. The question is whether the daughters sons, when they happen to be the nearest heirs, should be consulted. Up to Vadreva Ranganayakammagaru v. Somasundara Rao (1921) 43 Mad. 876, the point has not arisen here and it could not arise elsewhere.

(3.) The reasons why such a point did not arise till now are obvious. It is very rarely that a grandmother adopts to the detriment of her daughter's sons. If she has only one daughter's son, she would adopt him in preference to others, or not adopt at all. If there are more than one, she would not adopt at all, as she would prefer the daughter's sons to succeed equally. As for the spiritual purposes of the husband, a daughter's son is capable of conferring such spiritual benefit so nearly well as the son, that consideration does not present any difficulty.