NATVARLAL GIRDHARLAL Vs. RANCHHOD BHAGWANDAS

JUDGEMENT

(1.) One Vithaldas and his son Bhagwandas were members of a Hindu joint family. Bhagwandas died in 1871 leaving a widow Ichhubai and a daughter Bhikhibai. Vithaldas died in 1875; the sole surviving coparcener.

(2.) On the 3rd May 1875 he made a will. He left all his property, inoveable and iminoveable, to his daughter-in-law Ichhubai for life. But he said if she likes she may take upon her lap an adopted son. In case a boy is adopted her adopted son will become the owner of the whole of my property. At the end of _ the clause are the words in case Bhikhibai happens to have a son she (Ichhubai) should not take a boy in adoption.

(3.) Clause 3 is as follows:- If Ichhubai happens to die without having taken a boy in adoption then all that property mentioned in the first clause shall after her death become of the ownership of Bhikhibai, the daughter of my deceased son Bhagwan by his first wife and the wife of Tribhowan Varjiwan and of the sons that may be born to her; no other kinsman whosoever shall have any claim, right or interest.