Selection of Leading Cases for the use of B.L. Students - Mahomedan Law and Law Relating to Persons

(t) their Lordships observed with refeLnce to the deed of will set up in that aft : Indeed the theory of the deed seems to is that the creation of a family en lownienr is of itself a religious and meritorious act an I that the perpetual applcation of the surp111 income in the acquisition of new properties to be added to the family estate is a charitable par. [...] His decision was to the effect that both the documents the deed and the will were in fact executed by the Rajah Deedar; that the deed was valid but that the will was invalid because it had not obtained the consent of the heirs other than Enayut which according to Ns view of the will was necessary by the Mahomedan Law. [...] an actual payment of the consideration on the part of the donee and a bond flek intention on the part -of the donor to divest himself in presend of the property and to :confer it upon the donee. [...] The result is that with the exception of the slight variation of amount in the case of the claim of Mussamut Bibee Loodhun their Lordships will humbly advise Her Majesty to affirm the decree of the High Court and to dismiss this appeal with costs. [...] It cannot readily be supposed that the high priests would sanction so irreligious an act in the view of Mahomedans as the sacrifice of a son's legitimate status cot ferred by acknowledgment of a father to mere caprice or mao resentment working on the mind of the father ; and their decision does not seem to be open to the suspicion of a tendency in the members of the Ainchayet unduly to augme