TUKARAM YEDU SAVANT Vs. NARAYAN RAMCHANDRA BHAGWAT

JUDGEMENT

(1.) When this case was first argued it was thought that there might be some difficult) in reconciling the dicta of Mr. Justice Telang in Gojabai v. Shrimant Shahajirao Maloji Raje Bhosle,(1892) I.L.R. 17 Bom. 114 with the judgment of Sir Narayan Chandavarkar and Mr. Justice Heaton in Janglubai v. Jetha Appaji,(1908) I.L.R. 32 Bom. 409; and for that reason there; was a re-argument before those Judges together with the Bench before which the case originally came. The judgment which is about to be delivered by my learned colleague will show that there is no conflict between Mr. Justice Telang s judgment and the judgment in Janglubai v. Jetha Appaji,(1908) I.L.R. 32 Bom. 409. Chandavarkar, J.

(2.) The question is, whether in the case of a deceased Hindu maiden, leaving, surviving her, her father s sister and her father s male gotraja sapindas 5 or 6 degrees removed as competing heirs, her stridhan goes to the father s sister or his male sapindas 1

(3.) The question of inheritance to a Hindu maiden was considered by this Court in Janglubai v. Jetha Appaji,(1908) I.L.R. 32 Bom. 409, and it was held there that, in default of either brother, mother or father, the heir to her stridhan was her father s nearest sapinda. That rule of law was held in that case to rest on the ground that a Hindu maiden, dying without leaving brother, mother, or father, .as heir, must be treated, for the purposes of succession to her stridhan, as a woman married according to one of the unapproved rites, and dying childless.