AIR 1948 NAGPUR 398

Nagpur High Court

Hon'ble Judge(s): Pollock, Shevde , JJ

(A)Will - Testator appointing wahiwatdars to protect property during his son's minority and not directing them to perform specifically duties of executor - Estate does not vest in wahiwatdars. Where a testator has appointed certain persons as wahiwatdars to protect his estate during the minority of his son and has not directed them to perform specifically the duties of an executor or to administer the estate, the estate cannot be said to have vested in the wahiwatdars (executors) and the testator's son can bring a suit for partition in respect of that estate : 20 Mad. 467 and 33 Cal. 657, Ref.(Para 4) (B)Hindu Law - Adoption - Formal act of taking in adoption can be delegated by adoptive father. If the adoptive father has reached the decision to adopt and the contract of gift and acceptance is concluded between the principals competent to give and take, then the adoptive father, if unable through illness or otherwise to perform the formal act of taking in adoption, can delegate the performance of that act to a suitable person such as his wife.(Para 5) (C)Hindu Law - Adoption - Custom - Agarwals from Marwad - Widow can adopt without husband's permission - She can adop....