VIDYAGAVRI HARGOVANDAS NAROTTAMDAS Vs. NARANDAS KASHIDAS MUGATWALA

JUDGEMENT

(1.) This is a petition for letters of administration of the property and credits of Hargovandas Narotamdas, deceased. The petitioner is his widow, and the defendant is the eon of the paternal uncle of the deceased and has filed a caveat against the grant of administration to the petitioner. In the affidavit in support of the caveat the grounds relied upon were (1) that the deceased husband of the plaintiff was a member of a joint and undivided Hindu family of which the defendant also was a member, and that the property belonged to the said joint family; (2) that the petitioner was married to the deceased under the Special Marriage Act III of 1872, in the year 1918, and therefore the property of the deceased would be governed by the Indian Succession Act, and the petitioner would be entitled to a half of the share of the deceased in the joint family property.

(2.) It may be stated that at the death of the deceased his mother was alive, but she died, it is not clear when, but certainly prior to the presentation of this petition.

(3.) The issues raised are as follows:-- (1) Whether the succession to the estate of the deceased is governed by the Hindu law or by the Indian Succession Act? (2) Whether the petitioner is entitled to the grant of letters of administration to the estate of the deceased alone or jointly with the defendant ? (3) Whether the defendant has any interest sufficient to maintain the caveat ?