1921 (2) TMI 2 - HC - Indian Laws

Succession in impartible estates: ancestral property, survivorship rule, eldest of senior branch designated successor.

Tej Bali Singh Since deceased Versus Baijnath Prasad Singh and Ors.

The case involved determining the rightful successor to the ancestral zamindari of Aghori-Barhar under Mitakshara law. The court established that the ... - Issues Involved1. Succession to the zamindari of Aghori-Barhar.2. Nature of the zamindari as ancestral or self-acquired property.3. Applicability of Mitakshara law to impartible zamindari.4. Interpretation of precedents regarding impartible estates and coparcenary rights.5. Determination of the rightful successor under Mitakshara law.Detailed Analysis1. Succession to the Zamindari of Aghori-BarharThe primary issue was determining the rightful successor to the zamindari of Aghori-Barhar after the death of Rani Kunwari, the widow of Raja Kesho Saran Shah. The estate was of significant value, and the question of succession was of wide importance. The plaintiff, being the great-great-great-grandson of the common ancestor, claimed succession based on primogeniture, whereas the defendants, his uncles, claimed a closer degree of relationship to the common ancestor.2. Nature of the Zamindari as Ancestral or Self-Acquired PropertyThe zamindari was established as ancestral property and not self-acquired. The reinstatement by Warren Hastings restored the family possessions to their ancient status as an impartible raj or zamindari. This conclusion was supported by both the Subordinate Judge and the Court of Appeal, and their Lordships agreed with this finding.3. Applicability of Mitakshara Law to Impartible ZamindariThe case hinged on whether the property was held jointly or not, as per Mitakshara law. Both lower courts held that the family still existed as a joint family without any partition, a finding with which their Lordships concurred. The critical point was that the zamindari was impartible, necessitating the examination of relevant decisions.4. Interpretation of Precedents Regarding Impartible Estates and Coparcenary RightsA series of cases were examined to interpret the law concerning impartible estates and coparcenary rights:- Shivagunga Case (1863): Established that an impartible zamindari, if family property, would follow the rule of survivorship for succession.- Tipperah Case (1869): Introduced the concept that impartibility does not equate to separate ownership, but this case was under Dayabhaga law, not Mitakshara.- Subsequent Cases: Various cases reaffirmed that impartibility does not alter the nature of the property as joint family property under Mitakshara law. For instance, Naraganti Achammagaru v. Venkalachalapati Nayanivaru (1881) and Rajah Rup Singh v. Rani Baisai (1884) followed the Shivagunga precedent.5. Determination of the Rightful Successor Under Mitakshara LawThe appellants argued that the decisions in Sartaj Kuari v. Deoraj Kuari (1888) and the second Pittapur case (1918) implied that no coparcenary exists in an impartible raj, thus affecting succession rules. However, their Lordships clarified that these cases did not intend to overrule the established principle that succession in an impartible raj follows the rule of survivorship as per Mitakshara law. The decision in Sartaj Kuari was specific to the alienation rights of the current holder and did not extend to succession rules.Ultimately, their Lordships concluded that the zamindari being ancestral property of the joint family, the successor should be determined according to the ordinary rule of Mitakshara law. The respondent, being the eldest of the senior branch, was designated to occupy the Gaddi. The appeal was dismissed with costs, affirming the decision of the lower courts.