1907 (5) TMI 2

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....d 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 December 17 following Bhagwandas died, and on the next day Hurkisondas's widow gave birth to a son Bachoo, the present plaintiff and appellant. On February 17, 1901, Bhagwandas's widow adopted Nagurdas as son to her deceased husband, with the consents prescribed by his will. 3. The parts of that will material for the present purpose are the following:-- By clause 2 he appointed executors and trustees. 4. I have a daughter by name Navulbai. I direct that my executors and trustees shall get her suitably married (if she is not married in my lifetime), at an outlay of ....

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....a daughter, and purported to make provision for the girl, in a manner somewhat similar to that made for the testator's own daughter. Clause 8 contained provisions for the two widows, the testator's and his brother's. Clause 9 said: "I hereby direct my wife to adopt a son to me but such adoption must be made with the consent of Sir Bhalchandra Krishna and Bao Bahadur Ghansham Nilkant Nadkarni; such adoption is to be made even though a son is born to my brother's widow. In the event of a son being born to my brother's widow, however, my wife should, before making the adoption, enter into an agreement with the adopted son or his proper guardian that such adopted son shall be bound to accept as valid the pr....

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.... for the disposition of the family property which was in contravention of the law, and that the power was dependent upon that plan having effect. But this is to misread the will. 9. The dispositions made by the testator were within his competence at the date of the will and at the date of his death; they were only liable to be defeated in one event (which in fact happened), namely, his brother's widow giving birth to a son. And the will expressly said that, supposing that event to occur, the adoption should still be made. 10. The next point raised was as to the effect of the adoption upon the title to the joint property. It was contended that, at the time when the adoption took place, the family estate had become vested absolutely....