Charles Arnold White, C.J.

1. In this case I propose to deal first with the question of law, that is, can a Hindu minor make a will?

2. It was practically conceded by Mr. Ramachandra Aiyar that under the Hindu common law a minor cannot make any disposition of property during his life time. There can I think be no question that this is so. It has been so laid down in various authorities. I need only refer to the passage in Colebrookes Digest of Hindu Law to which Mr. Srinivasa Aiyangar called our attention this morning. Title II, Chapter 4, Section 23, and Narada Title I, Chapter 2, Section 39. If the law is that a Hindu minor cannot make a valid gift during his life time it is difficult to see on what principle it can be said that he can make a valid disposition of property which is only to take effect after his death. The argument of Mr. Ramachandra Aiyar at any rate the argument which he advanced yesterday as I understood him, was this. The Hindu Wills Act and the Succession Act both enact that a Hindu minor cannot make a will. The question of the capacity of the man who made the will before us is not governed by either the Hindu Wills Act or the Succession Act; there is th