AIR 1947 OUDH 180

Oudh High Court

Hon'ble Judge(s): Thomas , C.J. AND Ghulam Hasan, Walford , JJ

(A) Oudh Estates Act (1 of 1869) , S.22(8)— (before amendment by Act 3 [III] of 1910) - Scope - Written authority to adopt - Registration Registration Act (16 of 1908) , S.17(3)— -Section 22 (8) applied to all taluqdars including Hindu taluqdars : An authority in writing under S. 22 (8) given by a Hindu taluqdar to his wife to adopt after his death did not require registration. The Oudh Estates Act being a special Act providing for a special class of persons and succession to a special class of property is not affected by a subsequent general Act such as the Registration Act of 1871 or 1877 which makes no reference to the class of persons governed by the special Act and therefore was not intended to apply to the class of persons specially governed by the-Oudh Estates Act: Case law discussed.(Para 22 32 38 63 102 108) (B) Oudh Estates Act (1 of 1869) , S.22(8)— (before amendment by Act 3 [III] of 1910) - Ad option under - Rights of adoptee. A son adopted by a widow of a Hindu taluqdar under S. 22 (8) takes the place of a natural born son and, therefore, the estate of his deceased adoptive father whether taluqda....