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Report No. 81

Right to make bequest.- The Judges of the Madras Court of Sudder Adawlut observed that the Hindu law did not recognise in Hindus the right to make bequest by Will and that the law of inheritance obtaining amongst Hindus offered impediments to the recognition of titles under Wills. For this reason the judges thought that (whatever the practice of the courts may have been with regard to Wills by Hindus) it was advisable that the provision of the Bill preserving to the widow who re-marries the right and interest in any estate or other property to which she might have become entitled under the Will of her deceased husband should be omitted.

The Select Committee felt that it was quite necessary to retain the provision, for, although Hindu Wills were not valid in other parts of India, they were, beyond question, valid and of daily recurrence in Bengal. For Bengal therefore, the provision was indispensable and elsewhere it would have no operation as a widow could not become entitled to any property under the Will unless that Will was recognised by the law as valid.

Hindu Widows Re-marriage Act, 1856 Back

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