PARMAPPA BASANGAUDA Vs. SHIDDAPPA GIRIAPPA

JUDGEMENT

(1.) The principal point that arises on this appeal is whether for the purpose of succession to the non-technical Stridhan of a widow who has died without issue the whole brother of her deceased husband is to be preferred to his half-brother.

(2.) This case conies from Dharwar and must be determined by the rules of the Mitakshara so far as they apply.

(3.) Now it is not disputed that the deceased was married in an approved form, and where that is so the Mitakshara in Ch. II Section 11, pl. 11, as translated by Mr. Colebrooke, says "Of a woman dying without issue as before stated, and who had become a wife by any of the four modes of marriage denominated Brahma, Daiva, Arsha and Prajapatya, the whole property, as before described, belongs in the first place to her husband. On failure of him it goes to his nearest kinsmen, Sapindas allied by funeral oblations. "