BACHOO HARKISONDAS Vs. MANKOREBAI

JUDGEMENT

(1.) In the year 1900 two brothers, Hurkisondas and Bhagwandas, formed a joint Hindu family governed by the Mitakshara law as in force in Bombay and as such they held large ancestral property.

(2.) On the 14 September 1900, Hurkisondas died without male. issue, but leaving his widow pregnant. On the 30 November of the same year Bhagwandas made his will, by which he purported to make certain dispositions of the family property and also directed his widow to adopt a son. The terms of this will be considered hereafter. On the 17 December following Bhagwandas died and on the next day Hurkisondas. widow gave birth to a son Bachoo, the present plaintiff and appellant. On the 17 February 1901, Bhagwandas widow adopted Nagur-das as son to her deceased husband, with the consent prescribed by his will.

(3.) The parts of that will material for the present purpose are the following:-