MAHOMED HAJI ABU Vs. KHATUBAI

JUDGEMENT

(1.) This suit relates to the succession to the estate of Haji Abu Haji Habib who died at Bombay on the 30th November 1914 intestate. He left him surviving a widow, the 2nd defendant, two married daughters, one of whom has since died, the survivor being the plaintiff, and one son, the first defendant.

(2.) The plaintiff claims to be entitled as a daughter to 7/32 her share on the footing that Mahomedan law is applicable: she is supported by the representatives of the deceased daughter who would under Mahomedan law be entitled also to 7/32.

(3.) The 1st defendant contends that Hindu law applies and that under that law he is entitled to the whole estate subject to the maintenance of the deceased s widow. In the lower Court the widow, his step-mother, supported his contention though under Mahomedan law she would be entitled to 4/32 of the estate. She has not appeared in this appeal.