Mumbai Court July 1879 Judgments

Guracharya Vs. Svamiraya Charya

Court: Mumbai

Reported in: ILR1879NULL291

M. Melvill, J.1. This case must be remanded for reconsideration by the District Court.2. If, as there appears reason to believe to be the case, the whole of the property, of which administration is sought, was the undivided property of Guracharya and his deceased son, Anacharya, an administrator cannot legally be appointed to have charge of the undivided shares of Anacharya's sons in the family property : Govind Ramchandra v. Moro Ragunath and Shivji Hasan v. Dattu Mavji. Nor, under the same circumstances, can a, guardian be appointed under Act XX of 1864. The administration and the guardianship will, under such circumstances, remain with Guracharya, as the undivided paternal grandfather of the minors, but no certificate can be granted in respect thereof.3. But it may be that there is some separate property acquired by Anacharya. Guracharya in his deposition says : 'I also hear that the late Anacharya had acquired some land at Kelgheri. I do not hold possession of the said land.' If th...