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In Re: Grish Chunder Mitter

Type Court Judgment Court Kolkata Decided Dec 04, 1880
~1 min read
https://sooperkanoon.com/case/869410

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Citation
Court
Kolkata
Judge
Decided On
Subject
Property

Case Summary

AI-generated summary - not the official court judgment text.

Letters of Administration - Estate of Deceased Hindu, consisting of Immoveable and Moveable Property. -

Key legal issue
Property

Parties & Advocates

Appellant / Petitioner

In Re: Grish Chunder Mitter

Legal References

Cases Referred
Dossee v. Koylash Kaminee Dossee
Reported In
(1881)ILR6Cal483

Excerpt

letters of administration - estate of deceased hindu, consisting of immoveable and moveable property. - richard garth, c.j.1. we think it quite clear that, in this case, and as a rule in all cases, general letters of administration of a hindu's estate must be taken out for the immoveable as well as the moveable property, and that duty must be paid upon the value of the whole. limited administration can only be granted under special circumstances.2. the real point in the case decided by kennedy, j., in the case of kadum-binee dossee v. koylash kaminee dossee (i. l. r., 2 cal., 430), is beside the present question; and the opinion there expressed by the learned judge seems not to have been necessary for the purposes of his decision.

Full Judgment

Richard Garth, C.J.

1. We think it quite clear that, in this case, and as a rule in all cases, general letters of administration of a Hindu's estate must be taken out for the immoveable as well as the moveable property, and that duty must be paid upon the value of the whole. Limited administration can only be granted under special circumstances.

2. The real point in the case decided by Kennedy, J., in the case of Kadum-binee Dossee v. Koylash Kaminee Dossee (I. L. R., 2 Cal., 430), is beside the present question; and the opinion there expressed by the learned Judge seems not to have been necessary for the purposes of his decision.

Continue Your Research

Same Parties In Re: Grish Chunder Mitter vs Same Subject Property Same Judge Richard Garth, C.J., ;Pontifex and ;Morris, JJ.
Property

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