MAHARAJAH PERTAB NARAIN SINGH Vs. MAHARANEE SUBHAO KOOER

JUDGEMENT

(1.) THE question raised by this appeal is the right of succession to the taluq of the late Maharajah Sir Man Singh, one of the most considerable, if not the most considerable, of the great landholders of Oudh, whoso status and rights are the subject of Act T of 1869.

(2.) THE Maharajah died on the 11th October 1870. he had no male issue. His nearest surviving relatives were his widow, the Maharanee Subhao Kooer, a daughter by a deceased wife, and the appellant, the son of that daughter. The Maharajah had also brothers, and brothers' sons, of whom some survived him. 'His grandson, the appellant, was known in the family as "Dadwa Sahib," by which name he will be generally designated in this judgment.

(3.) SOME years before the passing of this Act, and on the 22nd April 1864, Man Singh, under the circumstances which will be afterwards considered, executed and delivered to the Commissioner of the district a document, of which the following is a translation: I, Maharajah Man Singh, &c, taluqdar of Shahgunge, Gonda, &c, do hereby declare that, as I have not yet come to any determination as to what boy is to become my successor, I, for the present, declare my wife to become my successor, and inherit the whole of my property, whether moveable or immoveable. She will, until she nominates a successor, have the same power over the property as my self, except that she will not be authorised to make a transfer. There is no partner of mine in my moveable or immoveable property. I have, therefore, executed this will, and deposited it in a public office, that it may serve as a document, and prove of use when required.