The capacity of a person to act in the matter of adoption is not to be determined with reference to the age of majority fixed by the India Majority Act.

( 1 ) RAJU, J. (1) This appeal is against the judgement and decree of the court of the Subordinate Judge, Amalapuram, in O. S. No. 44 of 1953, and relates to the succession to the immovable properties of late Kesapragada Bhaskararao, a Brahmin Karnam, who died on the 29/11/1903, without issue, but leaving a widow.

( 2 ) THE suit was instituted on the 15/04/1953, by Voleti Venkata Ramarao, the adopted son of the step-sister of Bhaskara Rao for the recovery of possession of the properties mentioned in the plaint A and B schedules and for future profits.

( 3 ) THE following genealogical table will be useful in explaining the relationship of the parties to this litigation:kesapragade VENKANNA------------------------------------------------------------------------------------------------------------- Perraju China Subbarayudu ------------------------------------- ----------------------------------------------- Venkayya Veeraju=mahalakshma Ramayya Perraju Gopalam Subbarao (died) (died) (died) (died) ---------------------------------- Vedamma (1st wife) Kantamma (2nd wife) (died in 1940) Kamamma (wife of Bhaskararao (1st male-holder) China Venkatarao (died on 29-11-1903) Seshamma (died on 2-10-1952) died in 1945) Venkataramarao (Plff ). Rajeswararao (alleged adoped son) (died in 1950) Bhaskararao (alleged adopted son) (1st defendant ). The case of the contesting defendants is that pursuant to an authority conferred by the late Bhaskararao in a document executed by him on the day of his death, Seshamma, his widow, adopted one Rajeswararao, her sisters son. In or about May, 1904. Rajeswararao died in 1950. It is said that adopted the present 1st defendant. Seshamma died on the 2/10/1952.

( 4 ) THE plaintiff contended that the late Bhaskara Rao had made no will; that Seshamma did not in fact, adopt Rajeswararao; and that even if the adoption was true, it was invalid inasmuch as Seshamma had not attained the age of discretion on the date of the alleged adoption.

( 5 ) AFTER a consideration of the voluminous oral and documentary evidence adduced by the parties, the trial court found against the plaintiff on all these points and dismissed the suit. In this appeal the plaintiff challenges the correctness of the findings reached by the lower court.

( 6 ) THE substantial questions arising for determination in this appeal are:- 1. Whether the will is true, valid and binding on the plaintiff? 2. Whether the adoption of the late Rajeswararao by Seshamma is true and whether the said adoption is valid?we will now consider these questions seriatim.

( 7 ) THE first of the questions is whether the will, said to have been executed on the 29/11/1903, by Bhaskararao is or is not a genning will. It provisions are substantially these: After his death, his widow, Seshamma, should adopt a boy of her choice whenever desired by her, for the perpetuation of his family line and for enjoying as his Karta after his lifetime all his movable and immovable properties. By the second clause of the will it was provided that in case any misunderstandings arose between his wife, the boy to be adopted by his and his mother, all the movable and immovable properties, lands and the house possessed by him, should be divided into four equal shares by metes and bounds and three such shares should be enjoyed by his wife and the adopted son and the fourth share by his mother freely throughout her lifetime as she pleased and after her lilfetime, the share enjoyed by her should pass either to his adopted son, or to his wife, if his wife had not adopted anybody by that time Clause 3 of the will provides that out of his property four acres of land should be separated and given to his sister Kamappa, after his lifetime. Clause 4 provided that his wife, Seshamma should continue to pay the maintenance amounts to his junior maternal aunt and fathers step mother as was being done by him till then. Clause 5 provided for the payment of taxes by the respective individuals on their respective

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