SARAT CHANDRA MITRA Vs. CHARUSILA DASI

JUDGEMENT

(1.) The decision in this case involves the solution of the problem whether a Hindu widow can dispose by will of income of property that she has inherited from her husband. Two issues fall to be determined: (i) Did the testatrix possess testamentary capacity to dispose of the property in suit under her will? (ii) Did she dispose of such property under the will that she executed?

(2.) The first issue raises a question of law of some nicety, and of general interest to the Hindu community; the second issue depends on the construction of the will.

(3.) I have had the advantage of an exhaustive argument upon the relevant authorities, but in India there is a divergence of opinion upon this subject, and it cannot be pretended, I think, that in the Privy Council the views which have been expressed by the Judicial Committee from time to time are all consistent or can wholly be reconciled.