Mumbai Court December 1905 Judgments

Krishnabai Martand Vs. Shripati Pandu

Court: Mumbai

Reported in: (1906)8BOMLR12

Lawrence Jenkins, K.C.I.E., C.J.1. This case comes from the Satara District and it raises the question whether a lady is entitled to succeed as heir to her deceased co-widow.2. The property became the stridhan of the deceased co-widow by the operation of the law of limitation ; and the rival claimants are the grand-children of the brother of the co-widow's father-in-law.3. Now, for the decision of this case, we must look at the Mitakshara. On the death of a woman without issue, which is the position with which we have to deal, it is said in paragraph 11 of Section 11 of Chapter II, that the property of such a lady, if married by any of the four modes of marriage denominated Brahma, Daiva, Arsha, Prajapatya, belongs, in the first place, to her husband.4. The lady in this case was married in one of these four modes, and the husband is dead. For this contingency provision is made in the following sentence, which says that ' on failure of him, it goes to his nearest sapindas.'5. Now, there...