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In Re: (Effie Jessie) Caroline Miranda - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtKolkata
Decided On
Reported inAIR1924Cal644
AppellantIn Re: (Effie Jessie) Caroline Miranda
Excerpt:
- .....is competent to make a will or whether she is a minor and therefore not within section 46 of the indian succession act which says, what persons may dispose of property by will.2. the point is governed by section 3 of the majority act which in these circumstances-postpones majority until the age of 21 years and does so notwithstanding anything contained in the indian succession act.3. the point is settled by authority, an from the section of the majority act itself it is clear that section 3 of the indian succession act which states that a minor is a person who has not completed the age of 18 years has no application to the circumstances of this case.4. the only other point which has been submitted for my consideration is based upon exp. 1, section 46 of the indian succession act which.....
Judgment:

Buckland, J.

1. The question which arises in this matter is whether a married woman who died before attaining the age of 21 years and of whose person and property a guardian has been appointed is competent to make a Will or whether she is a minor and therefore not within Section 46 of the Indian Succession Act which says, what persons may dispose of property by Will.

2. The point is governed by Section 3 of the Majority Act which in these circumstances-postpones majority until the age of 21 years and does so notwithstanding anything contained in the Indian Succession Act.

3. The point is settled by authority, an from the section of the Majority Act itself it is clear that Section 3 of the Indian Succession Act which states that a minor is a person who has not completed the age of 18 years has no application to the circumstances of this case.

4. The only other point which has been submitted for my consideration is based upon Exp. 1, Section 46 of the Indian Succession Act which provides that a married woman may dispose by Will of any property which she could alienate by her own act during her life.

5. This introduces an aspect of the matter which is not covered by authority, but I do not think that what is stated by way of explanation only can affect the provisions of positive law, nor, if it could, 'that this explanation is intended to affect 'the status of a person to whom the Acts with the resulting consequences to which I have already referred, apply.

6. In these circumstances I must hold that the deceased was a minor and could not dispose of her property by Will and it therefore follows that she died intestate.

7. Letters of Administration as on an intestacy may issue to the applicant, her husband, on his furnishing security in the usual way. Costs of this matter will be paid by the Administrator out of the estate as between attorney and client. I certify for Counsel.


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