BALWANT RAO Vs. BAJI RAO

JUDGEMENT

(1.) In 1868, one Bapuji died, leaving , amongst other properties, two mouzahs, Chikni and Bidhi, situated in the Wardha district of the Central Provinces. He was succeeded by Saras wati, his daughter, who entered into possession of the .mouzahs She died in 1889), leaving .three sons. During her life-time she alienated various portions of the inouzahs to different persons. After her death her sons raised action to recover their alienated portions, and cross actions wore raised by the purchasers. All the actions depended on the determination of the same question, viz,, had Saraswuti tin absolute right in the mouzahs, or had she only the same class of limited interest as possessed by a Hindu widow. Accordingly, one action was taken as a test case, the others abiding by its results. The learned District Judge found that she had an absolute interest; but on appeal the Judicial Commissioner reversed his decree. Formal judgments in all the actions were pronounced. Appeal has been taken to this Board, and all the appeals are consolidated.

(2.) The quality of the right which a daughter takes, who inherits immovable property from her father, has been differently determined in different parts of India. The absolute right has been affirmed by the Courts of Western India, according to the view of the High Court of Bombay. The limited right haw been affirmed by the other Courts, and this Board has upheld the rule as determined in each case as applicable .to the persons whose law is the law of western or of other parts of India. The question, therefore, is, what was the law which regulated the succession of Bapuji .

(3.) Now it is absolutely settled that the law of succession is in any given case to be determined according to the personal law of the individual whose succession is in question. It is well put by Mr. Mayne in paragraph 48, where he says :- Prima facie, any Hindu residing in a particular province of India it held to be subject to the particular doctrines of Hindu law recognised in that province....But this law is not merely a local law. It becomes the personal law, and part of the status of every family which is governed by it. Consequently, where any such family migrates to another province, governed by another law, it carries its own law with it.