KAMALA BHAI Vs. BHAGHIRATHI BHAI

JUDGEMENT

(1.) THE plaintift in the case claims the property sued for as the maternal aunt of a deceased Hindu maiden. THE defendant is the step-mother of the maiden. THE question for decision is whether the plaintiff is entitled to preferential rights over the defendant. THE Bombay High Court held in Tukaram v. Narayana Ram Chandra (1911) I.L.R. 36 B. 339 Jangla Bhai v. Jitha Appaji (1908) I.L.R. 32 B. 409 that in default of both the mother and the father a maiden s property goes to the father s sapindas. THE same view was accepted by the Calcutta High Court in Dwarkanath Roy v. Sarath Chandra Singh Roy (1911) I.L.R. 39 C. 319 though in that case there was no contest between the mother and the father. In the Mitakshara there are no express texts dealing with the succession to the property of a maiden in default of the mother and the father; the text stopping with succession to the parents--the word "parents "being interpreted to mean the mother and then the father. But in the case of the property of a childless married woman the succession is carried further down. It is stated that the property goes to the parents and in default cTcac

(2.) L

(3.) HARA for the view that a widow inherits her husband s property as his sapinda being one half of the husband s body.