The legal document discusses the validity and reasonableness of customary laws governing testamentary dispositions among the Jats of Rohtak district. The key points are as follows:

1. Custom Recording and Validity:
2. The custom recorded in the Riwaj-i-Am of 1909, which prohibits testamentary disposition of ancestral property, is deemed reasonable because it prevents boundary disputes and protects the interests of agnates and residuary heirs (!) (!) .

3. The custom recorded in the Riwaj-i-Am of 1879, relating to alienations such as sale, mortgage, and gift, does not extend to or confer unrestricted power to make wills (!) (!) .

4. Reasonableness of the Custom:

5. The prohibition against making wills is considered reasonable, as it aligns with the community's interest in maintaining ancestral property within the family and avoiding disputes (!) (!) .

6. Arguments that practical difficulties faced by a male proprietor in the absence of a testamentary right render the custom unreasonable are not legally compelling. The custom's validity is based on its consistency with community practices and its purpose, not on potential inconveniences (!) (!) .

7. Effect of Custom on Testamentary Power:

8. The custom recorded in the 1909 Riwaj-i-Am, which prohibits testamentary disposition, is applicable and binding, thereby invalidating wills made contrary to it (!) (!) .

9. The earlier custom recorded in 1879, which permits alienations like sale and gift but not wills, does not provide a basis for unrestricted testamentary power. Therefore, a will made in contravention of the 1909 custom is invalid (!) (!) .

10. Evidence and Community Practice:

11. The community’s long-standing practice, as evidenced by recorded customs and historical records, supports the view that the Jats of Rohtak have no customary right to make valid wills over ancestral property (!) (!) (!) .

12. The absence of specific instances supporting the custom recorded in 1909 does not negate its validity, as entries in customary records are presumptive evidence of community practice (!) (!) .

13. Conclusion:

14. The custom recorded in the 1909 Riwaj-i-Am, which prohibits testamentary dispositions, is both reasonable and applicable, and therefore, wills made in contravention of it are invalid concerning ancestral property (!) (!) .
15. The earlier custom recorded in 1879, relating solely to alienations, does not extend to or justify the power to make wills (!) (!) .

In summary, the court upheld the validity of the prohibition against testamentary dispositions among the Jats of Rohtak, emphasizing that such customs are to be respected when they are reasonable and rooted in community practice.