LAL SINGH Vs. HIRA

JUDGEMENT

(1.) This is an application for Letters of Administration in respect of the estate of one Thakur Dewan Singh, who died in village Kishun Khera, Tahsil Haldwani, district Nainital on 24-12-1950. The application, when presented, purported to have been made on behalf of two persons, viz. Lal Singh and Roop Singh, although it bore the signature of Lal Singh alone. During the pendeacy of the petition Roop Singh presented an application praying that his name might be removed from the array of the petitioners. He made it clear that he did not want to proceed with this petition. In the circumstances, it is Lal Singh along who is now claiming the Letters of Administration.

(2.) The deceased was a Naik by caste. Lal Singh and Rup Singh are his brothers. He left a married daughter, Smt. Rami and her sons. But it is the common case of the parties that according to the customary law to which the deceased was subject, the married daughter and her descendants are no heirs.

(3.) The petition is opposed by the deceased's two sisters viz. Smt. Hira and Smt. Anandi. The parties are agreed that under the law applicable to the Naik community married sisters do not inherit the estate of their deceased brother. An unmarried sister is, however, an heir, and ranks equally with the brother in the matter of inheritance.