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Jhaver Jijibhai Vs. Haribhai Hansji - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1916)ILR40Bom207
AppellantJhaver Jijibhai
RespondentHaribhai Hansji
Excerpt:
bhagdari act (bom. act v of 1862), section 3 - will--whether devise by will amounts to an alienation--alienation not expressly limited to transactions inter vivos--'alienation,' meaning of. - - the words of the bhagdari act do not expressly limit alienations to transactions inter vivos, and to so limit them would be to a large extent to defeat what is well known to be the object of the act.basil scott, c.j.1. the only point which, has been seriously argued in this case is whether the lower courts have erred in holding that the dispositions in the will amounted to an alienation contravening the provisions of the bhagdari act. the word 'alienation' ordinarily means an act in the law by which property passes from one to another. it can pass from one to another either by transfer inter vivos or by testamentary devise: the words of the bhagdari act do not expressly limit alienations to transactions inter vivos, and to so limit them would be to a large extent to defeat what is well known to be the object of the act. we, therefore, affirm the decree and dismiss the appeal with costs.
Judgment:

Basil Scott, C.J.

1. The only point which, has been seriously argued in this case is whether the lower Courts have erred in holding that the dispositions in the will amounted to an alienation contravening the provisions of the Bhagdari Act. The word 'alienation' ordinarily means an act in the law by which property passes from one to another. It can pass from one to another either by transfer inter vivos or by testamentary devise: the words of the Bhagdari Act do not expressly limit alienations to transactions inter vivos, and to so limit them would be to a large extent to defeat what is well known to be the object of the Act. We, therefore, affirm the decree and dismiss the appeal with costs.


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