Court : Chennai
Reported in : (1896)ILR19Mad405
Hobhouse, J.1. The question in this appeal is one of pure law, relating to the inheritance of a Hindu gentleman who died in the year 1879. No facts are in dispute. He had no issue except a daughter who died without issue in 1883; his widow who became his heir died in 1888; at that time, when his inheritance opened, he had no collateral relatives of the same gotra with himself; both parties claim as bhandus or cognates; two of the plaintiffs are the deceased's first cousins once removed, being sons of his father's father's sister; and the third plaintiff is one degree more remote; the defendants claim under a half-brother of the deceased's mother.2. The text of the Mitakshara which governs the question raised on these facts chapter II, Section 6) is, as translated by Colebrooke, as follows:On failure of gotrajas the bhandus are heirs. Bhandus are of three kinds, related to the person himself (atma-bhandu), to his father (pitri-bhandu), or to his mother (matri-bhandu) as is declared by t...
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