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Bombay High Court
Nahalchand Harakchand vs Hemchand And Anr. on 20 August, 1884
Equivalent citations: (1885) ILR 9 Bom 31
Author: West
Bench: West, N Haridas


JUDGMENT

West, J.

1. Referring to the oases cited and to Lallubhai v. Bapubhai I.L.R. 2 Bom. 388 we hold that the nephews of Fatechand, sons of Harakchand though separated, were his heirs in preference to the widow of another heir Lalu, though: the latter was undivided in interest from Fatechand. The members of the compact series” of heirs specifically enumerated take in the order in which they are enumerated-Yy. M., ch. iv, Section viii, 18-preferably to those lower in the list and to the widows of any relatives whether Bear or remote, though where the group of specified heirs has been exhausted, the right of the widow is recognized to take her husband’s place in competition with the representative of a remoter line. We, therefore, reverse the decree of the District Court and remand the case for disposal on the other questions which arise in it. Costs of this appeal to be paid by respondents; the other costs to be dealt with in the final decision.


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