History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.501

v4.c63.t2.501

One of the earliest wills to come before the British Indian Courts was that of the notorious Umichand¹⁶⁰⁴ (who died in 1758 A. D.). Bengal Regulation XI of 1793 recognized by section VI the power of a Hindu proprietor to make a will or declaration giving, prior or subsequent to 1st July 1794, his entire landed estate to his eldest son or next heir or other son or heir or to any person or persons. In a Bombay case the will of a Hindu made in 1789 is referred to¹⁶⁰⁵. A Pundit of the Recorder's court of Bombay gave it as his opinion in 1812 A.D., 'there is no mention of wills in our *Shaster*; therefore they ought not to be made' (vide Strange's Hindu Law, vol. II p. 449). In I. L. R. (1940) 1 Cal. 415 at p. 424 the Privy Council observe that the Hindu will in its present form is a development since the middle of the 18th century.