PHILLIPS
Sukhdevdoss Ramprasad – Appellant
Versus
Mt. Choti Bai – Respondent
Phillips, Offg. C.J.
1. I have had the advantage of reading the judgment about to be pronounced by my learned brother and I entirely agree in his conclusions that the estate left by her husband to the: plaintiff was an absolute estate and not a. mere widows estate, and that there was. no prohibition by the husband against the adoption of a son. I also agree that an adoption is not necessarily invalid on the ground that the father to whom the adoption is made left no estate. In the present case therefore, the adoption was valid; and if my learned brother is right in holding that the adoption did not divest the widow of her absolute estate, I agree with him that the estate has now vested in the adopted son by reason of a deed executed by her-Ex. 3. I am, however, inclined to think that, although the widow held an absolute estate from her husband, the adoption of defendant 1 would have the effect of vesting that estate in him. In a recent case from this Court it has been held by their Lordships of the Judicial Committee in Krishnamurthi Ayyar v. Krishnamurthi Ayyar A.I.R. 1927 P.C. 139 that :
when a disposition is made inter vivos by one who has full power over property, under w
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