Under the pre-1956 Madras rule giving the senior Hindu widow preference to adopt for the deceased…
Under the historical Madras rule, the senior widow's preferential right was decisive in the absence of a contrary direction from the deceased husband. The sapindas' assent…
Choose your answer
Under the pre-1956 Madras rule giving the senior Hindu widow preference to adopt for the deceased husband, the husband gave no contrary direction. The junior widow adopted a son with the assent of sapindas but without consulting the senior widow. How was the adoption treated?
Answer and explanation
Correct answer A
Under the historical Madras rule, the senior widow's preferential right was decisive in the absence of a contrary direction from the deceased husband. The sapindas' assent did not cure the failure to consult her.
Option feedback
Option A
The historical decisions treated the adoption as invalid where the junior widow acted despite the senior widow's subsisting preference.
Option B
The sapindas' assent did not displace the senior widow's preferential right.
Option C
The rule concerned an adoption for the deceased husband, so his death did not eliminate the preference.
Option D
The cited rule treats the defect as invalidating the adoption itself, independent of any later adoption.
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