KRISHNABAI MARTAND Vs. SHRIPATI PANDU

JUDGEMENT

(1.) This case comes from the Satara District and it raises the question whether a lady is entitled to succeed as heir to her deceased co-widow.

(2.) The property became the stridhan of the deceased co-widow by the operation of the law of limitation ; and the rival claimants are the grand-children of the brother of the co-widow s father-in-law.

(3.) Now, for the decision of this case, we must look at the Mitakshara. On the death of a woman without issue, which is the position with which we have to deal, it is said in paragraph 11 of Section 11 of Chapter II, that the property of such a lady, if married by any of the four modes of marriage denominated Brahma, Daiva, Arsha, Prajapatya, belongs, in the first place, to her husband.