K PCHANDRASEKHARAPPA Vs. GOVERNMENT OF MYSORE

JUDGEMENT

(1.) This is an appeal under the Indian Succession Act against an order dismissing the application of the Appellant for grant of Letters of Administration with respect to properties of his deceased sister in the Civil Station, Banglore. The applicant is a Hindu governed by the Hindu Law as in force in Mysore. His sister, it is said, at first married a Hindu but after his death embraced Mahomadanism and married a Muslim of Civil Station and lived with him. H. M. Yunus, her Muslim husband died in 1939 and she in January 1947 leaving no children and intestate properties she was possessed of at the time of her death are according to the petition, of considerable value. The application was opposed by the brothers of the Muslim husband of the deceased. The learned District Judge held that neither the Appellant by virtue of his relationship by birth nor others on account of relationship to the husband could claim the letters. The order is not challenged by any one except the brother of the deceased.

(2.) It is not disputed that at the time of her death, the deceased was a Mohamadan and that there is nothing to avoid the application of the rules of Mahomadan Law except if at all that she was a convert from Hinduism. As page 79 of Mayne's Hindu Law, 10th edition, it is stated:

(3.) Appeal dismissed.