The Indian Decisions, New Series, Vol. 4
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Excerpt from The Indian Decisions, New Series, Vol. 4: Being a Re-Print of All the Decisions of the Privy Council on Appeals From India and of the Various High Court and Other Superior Court in India Reported Both in the Official and Non-Official Report From 1875 Mitakshara - Impartible raj - Succession in joint family to ancestral, impartible, estate - Right of nearest male collateral - Exclusion of widow, where the family is joint, and the estate not separate. Impartible, ancestral, estate is not, merely by reason of its being impartible, the separate estate of the single member of the undivided family, upon whom it devolves, so long as the family continues joint. Chintamun Singh v. Nowlukho Konwari (1) referred to and followed. A female cannot inherit impartible, ancestral, estate, belonging to a joint family, under the Mitakshara, when there are any male members of the family who are qualified to succeed as heirs; a rule of law not dependent on custom; and a custom modifying the law in this respect must be a custom to admit females, not a custom to exclude them. Maharani Hiranath Koer v. Ram Narayan Singh (2) approved. Where raj estate, ancestral and impartible, was not separate property and the family was undivided, and where no special custom existed, modifying the Mitakshara law of succession, held that the nearest male collateral relation of the last Raja, who died without male issue, was entitled to succeed in preference to the Raja´s widow. This relation, viz., a brother of the late Raja´s deceased father, at one time received an allowance for maintenance out of the family estate. What amounted to an attachment of this, according to a subsequent judicial decision, occurred in 1857. Held that he had not thereby been deprived of his right of succeeding as a member of the joint family. [2] The raj estate in question originated in the partition of a more ancient one with others out of which minor estates were formed. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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