9911796707
TMI Blog1934 (6) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... tled to succeed to the whole of the estate on death of Barkatunnissa, the last surviving widow; or that if the will was valid, conferred only life estate on the widows and he was entitled, on Barkatunnissa's death to succeed to her half share of the estate. In the event of the will being held to be invalid, plaintiffs 2 to 5 in this suit alleged that Barkatunnissa was a Shia, and that under the Shia law they were entitled to succeed to her share. It was found by both Courts that she was not a Shia, and this claim therefore failed. 2. Defendant 1, hereinafter referred to as the defendant, was Abadi Begam, the elder daughter of Jani Begam. She had obtained a mutation order in her favour and was in possession of the entire Immovable property left by Barkatunnissa, and also of a part of the property left by Aulia Begam. The other defendants were transferees from Aulia Begam, with the exception of defendants 4 and 5, Khalil Khan and Pida Ali Khan, who were the heirs of Barkatunnissa under the Hanafi law and of defendant 9 who was a transferee from defendants 4 and 5 were the plaintiffs in suit No. 8 of 1928. 3. In her written statement defendant 1, Abadi Begam, denied that pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner (thereof) and (but) if God forbid I do not recover from the illness then I make a will that after me whatever cash and silver and gold articles I have accumulated; and got prepared during the whole of my lifetime all that be sent to Mecca and Medina and spent in such a way as may benefit me in the next world, the remaining property moveable or Immovable of every kind which is owned and possessed by me that same, my heirs, i.e., Mt. Jani Begam, daughter, and Mt. Aulia Begam, daughter of Mirza Tegh Bahadur, resident of Aurangabad, first party, and Mt. Barkat Begam, daughter of Amir Ali Khan, resident of Shahjanpur, second wife, second party, shall get half and half in equal shares and will take in their respective dowers and be benefited (delighted) by the same. Mt. Umrao Begam shall get the sum of ₹ 150 per year which has been fixed by Court for Mt. Aladei, and the house in Mohallah Mahmand Jalalnagar at Shahjahanpur which I have already given to her (she will) retain in her possession and ownership. And Gauri Shankar Karinda shall remain the servant of the estate. Wherefore (I have) executed this will so that it may serve as an authority and be of use. Finis. Dated 26t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Barkat-un-nissa's heirs in suit No. 8 to succeed on her death to the properties bequeathed to her by the will. This substantially disposes of the appeals in suit No. 8, and also of the appeal in suit No. 5 except in so far as it relates to the four annas share bequeathed to the testator's daughter Jani. 10. Both the Courts in India dealt with this part of the case on the footing that the bequest to Jani Begum was invalid under Section 13 of the Act, already mentioned, and that the succession to it was governed by Section 22 of the Act, which provided that, if any taluqdar whose name should be inserted in the second, third or fifth of the lists mentioned in Section 8 should die intestate, his estate should descend in the manner therein prescribed. Under this section the senior widow became entitled to an estate for life, and on her death in 1897 the junior widow became entitled to a similar estate. On her death in 1927 Abdul Latif, the plaintiff in Suit No. 5, and Abadi Begam, defendant 1, each claimed to succeed under Clause (11), Section 22 as the next heir under the ordinary law to which persons of the religion and tribe are subject. List 2, in which the deceased Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... create an estate in fee simple descendible according to the ordinary law. In their Lordships' opinion however the Courts in India were wrong in basing their decision on the terms of the sanad instead of on the new provisions made for the purpose of putting an end to the difficulties which had arisen as to the interpretation of Clause 11, Section 22, Oudh Estates Act, 1869, by the Oudh Estates Amendment Act 3 of 1910, which was passed through the Legislature of the United Provinces in 1909 while the appeal from the judgment of the Judicial Commissioner, which was affirmed in Debi Baksh Singh v. Chandrabhan (1910) 32 All. 599 was pending before the Board. A new Section 22 was substituted for the former section. In the new section the limitation in Clause (10) in favour of descendants by unequal alliances was omitted and a new limitation was inserted in favour of the nearest male agnate according to the rule of lineal primogeniture. As already pointed out, this limitation to male agnates gives statutory effect to the limitation in the sanad as to collateral succession. There can therefore no longer be any question of bringing in the limitations in the sanad, under Clause (11) a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f first instance for a one-fourth share in favour of Bunyat Husain should be set aside. Bunyat Husain was the third plaintiff, and it was alleged in para. 21 of the plaint that plaintiffs 1 and 2 had sold him a four annas share to raise money for this litigation. Mr. Upjohn, who appeared for the plaintiffs (respondents) in Suit No. 8 did not think it necessary to support this alteration in the decree of the first Court, and the decree of the first Court will accordingly be restored. 16. In the result their Lordships will humbly advise His Majesty that the appeal in Suit No. 5 be dismissed and that as regards the appeals in Suit No. 8, the decree of the Chief Court be varied by restoring the provisions of the decree of the first Court in favour of plaintiff 3, Syed Bunyat Husain, and that otherwise the appeals be dismissed. As regards the costs of these consolidated appeals, Mohammad Khalil Khan and Mohammad Fida Ali Khan, the heirs of Begam Barkatunnissa, who are respondents in Oudh Appeals Nos. 23 and 25, and Bunyat Husain, who lodged a joint case with them, will recover one set of costs from the appellants in these appeals, Abdul Latif Khan, Rani Abadi Begam and Mirza Mustaq A ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
