MOHAMED ISMAIL SAIT Vs. ABDUL HAMEED SAIT

JUDGEMENT

(1.) In the appeal before His Majesty in Council the question has arisen as to the legal representatives of the deceased nth respondent--fifth defendant in the suit. It is necessary that her interests should be represented in the appeal and her legal representatives brought on record in respect of her interest in the subject-matter of the litigation.

(2.) The matter was referred to the learned Master who has reported to this Court the result of his investigation, his conclusion being that, for the reasons given, the estate of the 11th respondent will escheat to the Province of Madras, the Province of West Bengal and to His Highness the Maharajah of Mysore, in regard to properties forming part of the interest of the 11 respondent situated in those territories.

(3.) The 11 respondent was formerly a Hindu lady. She was converted to Islam and married a Mr. Yunus, a Muslim who predeceased her. She inherited one-fourth of her husband's estate, pursuant to the provisions of the Muhammadan law. There was no issue of the marriage of the 11 respondent with her husband. The only relations who survived the nth respondent are her uterine brother, her step-mother and the children of her sister. They are all Hindus. It is common ground that the Muslim relations of the nth respondent through her husband, are not the legal representatives of the lady and they are not entitled to inherit her estate upon her death.